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2.1 – classifying law LAW 12.

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1 2.1 – classifying law LAW 12

2 Sources of Law in Canada
Constitutional Law Statute Law Common Law

3 Common Law Laws that originate from previous decisions made by judges
Based on British common laws Largest source of current Canadian laws Lawyers look for favourable precedents (previous cases) to argue cases Judges can reject previous decisions – called distinguishing a case

4 Statute Law Laws passed by the elected government
Come in the form of “Acts” after being passed through formal procedure in Parliament/Legislature Can over-ride previous common law Various levels: Federal – applies to all of Canada Provincial – applies to whole province Local – Bylaws effective in a town/city Self-governing Aboriginal Bands – apply on reserve land

5 Constitutional Law Highest level of law – all other laws must comply
Limits powers of the government and what kind of laws they can pass Statute laws can be struck down if found to be “unconstitutional”

6 Categories of Law – ‘Big Picture’
The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal Law Private Law Tort Law Contract Law Family Law Wills & Estates Property Law Employment Law

7 International vs Domestic Law
The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal Law Private Law Tort Law Contract Law Family Law Wills & Estates Property Law Employment Law

8 International vs Domestic Law
International Law = laws that govern relations between nations Diplomatic immunity = agreements not to prosecute diplomats for certain offences while in a host country Domestic Law = laws that govern relations within a country’s borders

9 Substantive vs Procedural Law
The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal Law Private Law Tort Law Contract Law Family Law Wills & Estates Property Law Employment Law

10 Substantive vs Procedural Law
Substantive Law = law that defines the rights, duties, and obligations of citizens and government …is the ‘content’ of the law Eg. Driving under influence Procedural Law = laws that prescribe the methods of enforcing the rights and obligations of substantive law …is the ‘proper steps’ that law enforcement must follow Eg. Proper investigational methods for DUI

11 Public Law vs Private Law
The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal Law Private Law Tort Law Contract Law Family Law Wills & Estates Property Law Employment Law

12 Public Law vs Private Law
Public Law = law related to the relationship between individuals and the state Constitutional Law = body of law dealing with the distribution and exercise of government powers Administrative Law = law related to the relationship between people and government departments, boards, and agencies Criminal Law = law that identifies crimes and prescribes punishment

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