Classifying Law Chapter 2

Sources Of Law English Common Law – aka. Case law or judge-made law. Combined with the law of equity, Canadian courts follow the legal principle of “Stare decisis”. Judges can also find a case as being different enough from previous cases as to warrant a different decision. This is referred to as “distinguishing a case.” English Common Law – aka. Case law or judge-made law. Combined with the law of equity, Canadian courts follow the legal principle of “Stare decisis”. Judges can also find a case as being different enough from previous cases as to warrant a different decision. This is referred to as “distinguishing a case.”

Statute Law – refers to a law or act passed by government. Statutes override common law….if there is no statute then the common law applies. Statute Law – refers to a law or act passed by government. Statutes override common law….if there is no statute then the common law applies. When a judge interprets a statute, the decision becomes a precedent and similar cases are interpreted the same way. When a judge interprets a statute, the decision becomes a precedent and similar cases are interpreted the same way. Federal, provincial or local governments (bylaws) can enact legislation that becomes law, depending on their jurisdiction. QUASICRIMINAL LAWS VARY FROM PROVINCE TO PROVINCE (E.G. DRINKING AGE, LEGAL WORKING AGE) Federal, provincial or local governments (bylaws) can enact legislation that becomes law, depending on their jurisdiction. QUASICRIMINAL LAWS VARY FROM PROVINCE TO PROVINCE (E.G. DRINKING AGE, LEGAL WORKING AGE)

Constitutional law – body of law which deals with the distribution and exercise of government powers. It overrides all other law in that all law must be consistent with the Constitution. Constitutional law – body of law which deals with the distribution and exercise of government powers. It overrides all other law in that all law must be consistent with the Constitution. Our constitution is referred to as the Constitution Act of (formerly the BNA Act) Our constitution is referred to as the Constitution Act of (formerly the BNA Act) If a law violates the constitution it may be thrown out by the courts. (abortion law violated the Charter right of security of person-STRUCK DOWN BY SUPREME COURT…prostitution also in 2014) If a law violates the constitution it may be thrown out by the courts. (abortion law violated the Charter right of security of person-STRUCK DOWN BY SUPREME COURT…prostitution also in 2014)

Constitutional law appears at the top of the pyramid because it overrides all other laws.

Categories of Law International Law – deals with relations between nations. (PEACE treaties, UN INTERNATIONAL COURT IN THE HAGUE, THE Netherlands ) International Law – deals with relations between nations. (PEACE treaties, UN INTERNATIONAL COURT IN THE HAGUE, THE Netherlands ) Who is Slobodan Milosevic? LET’S READ TEXT! p 39 Who is Slobodan Milosevic? LET’S READ TEXT! p 39Slobodan Milosevic? Slobodan Milosevic? Charles Taylor faces verdict in 'blood diamond' trial – YouTube Charles Taylor faces verdict in 'blood diamond' trial – YouTube Charles Taylor faces verdict in 'blood diamond' trial – YouTube Charles Taylor faces verdict in 'blood diamond' trial – YouTube Charles Taylor Sentenced to 50 years for War Crimes in Sierra Leone – YouTube Charles Taylor Sentenced to 50 years for War Crimes in Sierra Leone – YouTube Charles Taylor Sentenced to 50 years for War Crimes in Sierra Leone – YouTube Charles Taylor Sentenced to 50 years for War Crimes in Sierra Leone – YouTube NUREMEBURG TRIALS NUREMEBURG TRIALS Domestic Law – Laws within a country’s borders. (case law, statute law, see United States vs. Burns, p.41) Domestic Law – Laws within a country’s borders. (case law, statute law, see United States vs. Burns, p.41) Substantive Law – Refers to law that defines the rights, duties and obligations of both citizens and government. (right to own property) Substantive Law – Refers to law that defines the rights, duties and obligations of both citizens and government. (right to own property) Procedural Law – The methods of enforcing the rights and obligations of substantive law. Persons of authority must follow proper procedures to ensure that all citizens are treated fairly. Procedural Law – The methods of enforcing the rights and obligations of substantive law. Persons of authority must follow proper procedures to ensure that all citizens are treated fairly. Due process-proper procedcures Mr. Big ruling prompts withdrawal of murder charge in Rhonda Wilson case - Nova Scotia - CBC News Mr. Big ruling prompts withdrawal of murder charge in Rhonda Wilson case - Nova Scotia - CBC News IF DUE PROCESS ISN’T FOLLOWED, A CASE MAY BE TOSSED OUT DUE TO INADMISSABILITY OF EVIDENCE. (ILLEGAL ARREST, UNLAWFUL SEARCH AND SEIZURE)

Public Law Substantive law can be divided into public and private law. Substantive law can be divided into public and private law. Public Law – refers to the relationship between government and its citizens. It includes constitutional, administrative and criminal law. Public Law – refers to the relationship between government and its citizens. It includes constitutional, administrative and criminal law. Administrative Law – refers to the many government departments, boards, etc. that play a role in regulating the relationship between people and government. Administrative Law – refers to the many government departments, boards, etc. that play a role in regulating the relationship between people and government. Criminal Law – refers to law that identifies crimes and prescribes punishment. All crimes are described in the Criminal Code of Canada and related laws such as the Controlled Drugs and Substances Act or the Youth Criminal Justice Act. When someone breaks the law, it is not only against an individual, but society as well. (R. vs Accused, R refers to Regina, the Queen, or Rex, the King) Criminal Law – refers to law that identifies crimes and prescribes punishment. All crimes are described in the Criminal Code of Canada and related laws such as the Controlled Drugs and Substances Act or the Youth Criminal Justice Act. When someone breaks the law, it is not only against an individual, but society as well. (R. vs Accused, R refers to Regina, the Queen, or Rex, the King)

Private Law Aka. Civil law, it is law governing the relationships between private individuals and between individuals and organizations. Its main purpose is to regulate conduct and compensate individuals who have been harmed by the wrongful actions of others. It includes….. Aka. Civil law, it is law governing the relationships between private individuals and between individuals and organizations. Its main purpose is to regulate conduct and compensate individuals who have been harmed by the wrongful actions of others. It includes….. Tort Law – the branch of Civil Law that holds persons or organizations responsible for damage they cause another person as a result of accidental or deliberate action. RIGHT NOW- DEFINE TORT, GENERAL DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES, NOMINAL DAMAGES Tort Law – the branch of Civil Law that holds persons or organizations responsible for damage they cause another person as a result of accidental or deliberate action. RIGHT NOW- DEFINE TORT, GENERAL DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES, NOMINAL DAMAGES Contact Law – provides rules regarding agreements between people and business. Contact Law – provides rules regarding agreements between people and business. Family Law – deals with aspects of family life. (marriage, divorce, child custody,) Family Law – deals with aspects of family life. (marriage, divorce, child custody,) Other examples include estate law (probate law…wills), property law (REAL ESTATE LAW ) and employment law (minimun wage, workers compensation, safety regulations, fair hiring practices) Other examples include estate law (probate law…wills), property law (REAL ESTATE LAW ) and employment law (minimun wage, workers compensation, safety regulations, fair hiring practices) MacEachern v. Malone (2014) MacEachern v. Malone (2014)

Figure 2.8Categories of Law, p. 45 Figure 2.8Categories of Law, p. 45 Private law is divided into tort law, contract law, family law, wills and estates law, property law, and employment law. Private law is divided into tort law, contract law, family law, wills and estates law, property law, and employment law.