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CLU3M | UNIT 1 DIVISIONS OF LAW.

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Presentation on theme: "CLU3M | UNIT 1 DIVISIONS OF LAW."— Presentation transcript:

1 CLU3M | UNIT 1 DIVISIONS OF LAW

2 Substantive Law (Statute & Case Law)
THE CANADIAN WAY Procedural Law Substantive Law (Statute & Case Law) Public Law Private or Civil Law Constitutional Law Environmental Law Tax Law Family Law Contract Law Property Law Labour Law Criminal Law Administrative Law Aboriginal Law Commercial Law Tort Law Estate Law

3 PROCEDURAL VS. SUBSTANTIVE
Substantive law consists of all laws that set out rights, duties & obligations of all people allows Cdns to own property & enjoy rights that come with it: expel trespassers, use to their enjoyment allows Cdns right to go to court to seek remedies against violations of their property rights Procedural law outlines steps & procedures involved in protecting & enforcing rights given under substantive law procedures for legal arrest, jury selection steps involved in drawing up legal contracts, wills

4 Substantive Law (Statute & Case Law)
THE CANADIAN WAY Procedural Law Substantive Law (Statute & Case Law) Public Law Private or Civil Law Family Law Contract Law Property Law Labour Law Tax Law Constitutional Law Criminal Law Environmental Law Commercial Law Tort Law Estate Law Administrative Law Aboriginal Law

5 PUBLIC LAW Regulates relationships between governments & society; laws that apply to individuals. Criminal - law that prohibit actions such as murder, kidnapping, sex assault, b & e, theft, etc. Criminal Code - acts & punishments defined, protect society cases represented by Crown Attorney, attempts to prove guilt of accused Constitutional - sets out structure of federal gov’t, defines division of power between prov. & fed. also, protects citizens under Charter of Rights & Freedoms and Constitution Act, 1867 & 1982

6 PUBLIC LAW Administrative - governs relationships between citizens, public agencies & gov’t disputes over sale/consumption of alcohol, cable TV, cell providers, EI, immigration, resolved by special boards gov’t has granted rights to special boards to make decisions around relevant issues; act as precedent

7 PUBLIC LAW Environmental - complex system that works to protect the natural environment some regulate impacts of human activities: allowable levels of pollution preventive: no dumping, lead-free products Tax - system concerning levies on economic transactions HST consumer tax Aboriginal - series of acts & regulations concerning First Nations The Indian Act, taxation, land rights

8 Substantive Law (Statute & Case Law)
THE CANADIAN WAY Procedural Law Substantive Law (Statute & Case Law) Public Law Private or Civil Law Tax Law Family Law Contract Law Labour Law Constitutional Law Criminal Law Environmental Law Property Law Tort Law Administrative Law Commercial Law Aboriginal Law Estate Law

9 PRIVATE LAW / CIVIL LAW Outlines personal & private relationships b/w persons & organizations. Regulates conduct between disputing parties and compensates those who have been wronged. no Crown attorney; each party represented by lawyer plaintiff - person/party launching action defendant - person/party being sued for harm, loss, injury plaintiff must prove probability of their claim; judge determines believability burden of proof differs

10 PRIVATE LAW / CIVIL LAW Can the same incident result in both civil and criminal action? Ten years from now, you are driving on the highway when an accident ahead forces you to slow down. Your brakes are toast, you can’t stop quickly enough, and as a result you rear-end the car in front. That car’s driver now has whiplash and a totalled car. Police take a breath sample on-scene and determine you’re over the legal limit for alcohol. Not good. Result? Criminal charge for impaired driving and a civil suit against you for negligence causing harm

11 PRIVATE LAW / CIVIL LAW Family - relationships between spouses, parents & children constantly changing; common law & same-sex relationships, child custody, divorce Contract - applies when people & companies enter into agreements to purchase / provide goods & services from iTunes purchases to government aircrafts affected parties can take violations to court

12 PRIVATE LAW / CIVIL LAW Tort - deals with wrongs or damages outside of contracts allows you to sue for financial compensation Commercial - governs business and regulates corporate contracts like the sale of goods & services cigarettes & e-cigarettes Property - laws that govern physical & intellectual property everything from copyright & patents (for ideas) to jewelry, land, and buildings most common - buying, selling, renting land or buildings

13 PRIVATE LAW / CIVIL LAW Estates - how an individual’s property is distributed after death legal wills that clearly lay out wishes Labour - relationships between employees, employers, and labour organizations employment issues such as employee contracts, discrimination

14 Substantive Law (Statute & Case Law)
THE CANADIAN WAY Procedural Law Substantive Law (Statute & Case Law) Public Law Private or Civil Law Constitutional Law Environmental Law Tax Law Family Law Contract Law Property Law Labour Law Criminal Law Administrative Law Aboriginal Law Commercial Law Tort Law Estate Law


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