Functions and Categories of Law CLU 3MR Lesson 4
Functions and Categories of Law Learning Goal: Use legal thinking to interpret the structure of law Essay topic request (proposal outline, research pages) Functions of Law note Ethics exercise Categories of law note Divisions of law task
Functions of Law
The Functions of Law 1. Establishing Rules of Conduct Laws exist to reduce or eliminate the inevitable conflicts Makes the community safer Ex. Highway Traffic Act sets driving age, speed limits, and test requirements to ensure public safety
2. Provide a System of Enforcement Laws must be enforced Police and courts oversee the operation of laws
3. Protecting Rights and Freedoms Laws are useless if they are not enforced This requires police Criminal laws are designed to keep people from hurting others Lawmakers and police are limited by the Canadian Charter of Rights and Freedoms
4. Protect Society Criminal laws protect people from harm; civil law protects people from being taken advantage of Labour laws protect people from working 18 hours a day Minimum wage protects the worker Ensures a safe and clean work environment
5. Resolve Disputes Settle conflicts through negotiation or the courts Help to create order and fairness
Review Your Understanding What is law? Summarize the 5 functions of law. What factors might cause laws to change? Justify the importance of law enforcement in society.
Ethics exercise: With a partner (or on your own), Read through all of the problems in the right hand column. Answer the 4 questions found in the left hand column for 5 of the problems. Write your answers out.
The Categories of Law Law is divided into Substantive Law and Procedural Law
Substantive Law rights and duties of everyone in a society In common law and statute law Ex. The rights of Canadians to vote(S), own property(C), receive an education (S) Duties include not committing murder(S), not to break contracts (C) Also divided into public law and private law
Procedural Law the way that everyone’s rights are protected and enforced Outlines the methods for determining guilt or innocence The procedure of trial Ex. The process for getting a divorce
Public Law Subcategory of substantive law that regulates relationships between the people and the gov’t Divided into criminal, constitutional and administrative law Private Law Subcategory of substantive law that concerns the relationships between individuals, organizations and between individuals and organizations Divided into contract law, tort law, property law, labour law, and family law
Task: The Divisions of Canadian Law Make notes on the divisions of public and private law found on pages 10-11 of All About Law Complete the hand out: Which Law Applies?