1. Introduction to Law 12

2. Purpose: Guidelines / structure to ensure safe and peaceful society (prevents violence o opportunity, birth status, from determining how things will run)
Rules versus laws: The main difference is that laws are universal and can not be opted out of where individual can choose to follow rules or not.
no smoking on school property
get homework in on time
wear seatbelt in car
no buying cigarettes under age 19
no wearing hats indoors
no hunting deer with out a license
put garbage in a container at the bus stop
no swearing at your teachers
not telling fortunes for money

3. Function of Law: 1. settle disputes
2. establish rules of conduct (driving age etc…)
3. protect rights and freedoms (hold people accountable for actions, mechanism to enforce laws with the police and court system)
4. protecting people (limiting the work week, setting minimum wage)

4. Law & Morality:
As laws are made by the people of society their moral values are often reflected in the law (capital punishment, drug use, sex etc…) Major challenge for Canada a multi-national society.

7. Law and justice:
just society for most Canadians means a concept of equality, like crimes treated alike and justice should be impartial (laws applied to all people, no special privileges).

8. Ethics
Values: deeply held beliefs upon which our thoughts and actions are based
Ethics: Is what is defined as good or right behaviour.
Most job have a code of ethics which sets the guidelines for acceptable behaviour and standards.

10. Ethical Dilemma: occurs when our values or principles are compromised and a decision is required
Sometimes ones values or beliefs will conflict with the guidelines that you work under.
Ethics & Law:
people often wonder how a lawyer can defend an obvious guilty person

11. Many justify with the right to a fair trial for all (higher value?)
One problem with law is that it is a confrontational system with a winner and looser so values can become cloudy.

12. Historical System Main Beliefs/ Values Legal influence today
Code of Hammurabi
-Harsh system of punishment
-No distinction between accident and deliberate actions.
-Retribution, or an “eye for and eye” philosophy of justice
Law codes written down for all to see
Mosaic Law
-Ten commandments
-Severe punishments
-Allowed offender to repay the victim
Restitution as a form of punishment. Payback or compensation for the victim
Roman Law
-Important role of lawyers
-Codification of law in Justinian code.
-Emphasis on equity and equality
-Legal profession established
-Importance of equity and equality in a democracy.
-Influenced the development of the French civil code which is the basis for civil law in Quebec
English Common Law
Emphasis on case law and precedent
- Greater fairness and certainty in the law
Rule of precedent is a main principle in Canadian law.

13. Early English Law Trial by ordeal: Trail by oath: Trial by Combat:
Where innocence is based on verdict of god. (fire, or water) If a person survived god willed it showing their innocence
Trail by oath:
People who know the accused would swear an oath upon the bible
Trial by Combat:
God would side with the winner. One could hire a person to fight on their behalf. (lawyer?)

15. Magna Carta (1215) Statute Law:
Rule of Law: meant no one was above the law and equality for all under the law.
Habeas Corpus: person had the right to know why imprisoned and brought to trial with in a reasonable time.
Statute Law:
King relinquished law making powers to parliament

16. SOURCES OF LAW IN CANADA
Common Law:
Originates from decisions made by judges in previous cases
This is constantly evolving
Statute Law:
Law or act passed by government
Governments pass law according to their jurisdiction

17. Constitutional Law:
Law that deals with the distribution and exercise of government power.
This is at the top of the pyramid as it overrides all other laws.

18. Categories of Law
Law
International Law
Domestic Law

19. International Law Rules that states follow when interacting with each other
Customary Law:
sovereignty/recognition
consent
good faith
freedom of the seas
self defence
Humanitarianism

20. Treaty Law: Binding agreements
Types of Treaties
Charters: establish int. orgs.
Conventions: open to all
Protocols: treaties added onto existing treaties
Steps:
1. negotiate treaty
2. formally sign treaty
3. ratify treaty
4. let it come into force
5. implement and enforce

21. Treaties deal with: territory diplomatic law
protection of nationals abroad
extradition and asylum
international trade
arms control

22. International organizations
United Nations
a. General assembly (resolutions)
b. Security council: 15 states 5 permanent with power of veto (USA, GB, FR, China, Russia) peace and security.

23. International court of Justice:
(Hague Netherlands) must be a member of UN rulings are not binding.

24. International criminal court: (Hague Netherlands)
Crimes against peace (planning / waging war in violation of treaties)
War Crimes ( violations of customs of war: murder, slave labour, plunder, poor treatment of prisoners.)
Crimes against Humanity: (murder, extermination, deportation, persecution on political, racial or religious grounds.