1. Functions and Categories of Law
CLU 3MR
Lesson 4

2. 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

3. Functions of Law

4. 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

5. 2. Provide a System of Enforcement
Laws must be enforced
Police and courts oversee the operation of laws

6. 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

7. 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

8. 5. Resolve Disputes
Settle conflicts through negotiation or the courts
Help to create order and fairness

9. 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.

10. 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.

11. The Categories of Law
Law is divided into Substantive Law and Procedural Law

12. 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

13. 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

14. 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

15. Task: The Divisions of Canadian Law
Make notes on the divisions of public and private law found on pages of All About Law
Complete the hand out: Which Law Applies?