CLU3M- Introduction Unit 1 - Divisions of Law.

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Presentation transcript:

CLU3M- Introduction Unit 1 - Divisions of Law

Divisions of Law Substantive Law Procedural Law All laws that list the rights and obligations (duties) of each person in society Example: Property Law Canadians have the right to own property: Therefore: Expel trespassers Sell property Use and maintain the property Pay property tax Procedural Law The steps involved in protecting the rights given under substantive law A woodlot owner discovers people camping on her property Steps she can take stop trespassers Get compensation – sue for damages

Divisions of Law CANADIAN LAW Substantive Law (Statute and Case Law) Procedural Law Public Law Private (Civil) Law Family Law Tort Law Labour Law Criminal Law Constitutional Law Administrative Law Contract Law Property Law

Public - Substantive Law Controls the relationships between governments and the people who live in society Criminal Law Passed by Parliament Defines acts called “crimes” Sets penalties Criminal code Objective: To punish the offender and protect society and its members Lawyers represent both society and the accused. Crown attorney representing society, must prove beyond a reasonable doubt, the charges against the accused person (defendant)

Public - Substantive Law continued Constitutional Law (Constitution Act. 1982) Laws that set out the structure of the federal, provincial, and territorial governments and the division of power among them Administrative Law Areas of law that controls the relationship between citizens and government agencies Example: Liquor Control Boards: manages the sale and consumption of alcohol and grant licences to serve them.

Private (Civil) - Substantive Law Outlines the legal relationship between private citizens, and between citizens and organizations Objective: to manage the behaviours of persons and organizations in conflict with each other and to pay damages to those who have been wronged Both parties usually represented by lawyers. Plaintiff – the person who starts the legal action

Private (Civil) - Substantive Law - continued Family Law Deals with spouses, parents and children Contract Law Outlines the requirements for legally binding agreements Breach of contract means the legal agreement has been broken and the injured party can sue for damages Tort Law Deals with wrongs, other than breach of contract, that one person commits against another person Malpractice and or negligence (carelessness)

Private (Civil) - Substantive Law - continued Property Law Anything that has a cash value Set of legal rules that control the use, enjoyment, and rental of property Labour Law Governs the relationship between employers and employees Minimum wage, pay equity, proper dismissal, working conditions, and workers’ compensation