Classifying Law Chapter 2

Sources Of Law English Common Law – aka Case law. English Common Law – aka Case law. Laws based on the decisions of previous judges (keeping decisions consistent) Laws based on the decisions of previous judges (keeping decisions consistent) 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.” 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. All levels of government create statutes. All levels of government create statutes.

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 Our constitution is referred to as the Constitution Act of If a law violates the constitution it may be thrown out by the courts. If a law violates the constitution it may be thrown out by the courts.

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. (treaties, i.e. NATO) International Law – deals with relations between nations. (treaties, i.e. NATO) Domestic Law – Laws within a country’s borders. Domestic Law – Laws within a country’s borders.

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.

Public Law Contitutitonal Law – refers to the relationship between government and its citizens. It includes constitutional, administrative and criminal law. Contitutitonal 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 (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 (R. vs Accused, R refers to Regina, the Queen, or Rex, the King)

Public Vs. Private Law Private law: governs the relationships between private individuals and between individuals and organizations. (compensating people for the wrongful actions of others) Private law: governs the relationships between private individuals and between individuals and organizations. (compensating people for the wrongful actions of others) Public Law: Governs the relationships between people and the state. It protects society and maintains law and order Public Law: Governs the relationships between people and the state. It protects society and maintains law and order

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. 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. 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)

Property Law – governs ownership rights in property (houses, land, rental agreements, etc.). Property Law – governs ownership rights in property (houses, land, rental agreements, etc.). Employment Law – provides rules for employer – employee relationships (working conditions, payment, compensation, etc.) Employment Law – provides rules for employer – employee relationships (working conditions, payment, compensation, etc.) Estate Law: deals with the division and distribution of property after death (Who gets your stuff?) Estate Law: deals with the division and distribution of property after death (Who gets your stuff?)

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.