Presentation on theme: "The Plan… 12 Sept 2013 Talk about the test What went ‘right’, what went ‘wrong’ What can I do better next time, and what can you do differently…"— Presentation transcript:
The Plan… 12 Sept 2013 Talk about the test What went ‘right’, what went ‘wrong’ What can I do better next time, and what can you do differently… New chapter: Classifying Law Sources of Law Who covers what What covers what Sounds technical I know…
Sources of Law in Canada Constitutional Law Statute Law Common Law Constitutional Law overrides all other laws
Common Law As previously discussed, Common Law is law that is common to all and has a general and universal application. Also known as “case law” as previous cases have implications on new trials Traced back to unwritten laws of England. Constantly evolves, as judges decide new cases based on previous judicial decisions.
Statute Law Laws that are passed by elected representatives in the form of ‘acts’ Acts = laws when passed through parliamentary process. Statutes generally override previous common law. Statutes and common law co-exist: When a judge applies a statute, the decision sets a precedent Future trials will refer to previous precedents to do what is best for those on trial
Jurisdiction Each level of government – federal, provincial, and municipal – has the power to enact law in its own area of political jurisdiction A forth level of government, Indian bands and Aboriginal groups with self-government also have the ability to enact legislation These levels of government contribute to statute law
Who does what? Federal Government: Responsible for decisions pertaining to criminal law, federal penitentiaries, employment insurance (ei), banking and currency, marriage and divorce, and postal service. Everyone in Canada is subject to these decisions Also responsible for regulating what it considers a dangerous product i.e. warnings on cigarettes Provincial Government: Responsible for decisions within provincial boundaries Pertain to such areas as hospitals, police forces (OPP), property rights, highways and roads, and provincial jails
Who does what? Municipal Government: Responsible for local bylaws, i.e. snow removal Smaller scale laws that only pertain to those living within a municipal boundary In the case where there isn’t a municipal boundary, a Regional District controls similar rulings (local: RDOS) Aboriginal Government: Bylaws that pertain to reserve lands Roads, bridges, etc. In the case of a “self- government” situation, i.e. Nisga’a Nation in BC, there is law power similar to Provincial level (education, health care, etc.
Categories of Law – ‘Big Picture’ The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal LawPrivate LawTort LawContract LawFamily LawWills & EstatesProperty Law Employment Law
International vs.. Domestic Law The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal LawPrivate LawTort LawContract LawFamily LawWills & EstatesProperty Law Employment Law
International vs. Domestic Law International Law = laws that govern relations between nations (one independent nation to another) Include treaties such as: NATO (North Atlantic Treaty Organization), dealing with defence. NAFTA (North American Free Trade Agreement), trade treaty set between Canada, the United States, and Mexico Who owns the moon, or who is responsible for space debris Diplomatic immunity = agreements not to prosecute diplomats for certain offences while in a host country
International vs.. Domestic Law Domestic Law = laws that govern relations within a country’s borders These often include laws that differ from the ones you are accustomed to in your home country i.e. Middle Eastern countries have different laws prohibiting types of dress or forbid the drinking of alcohol When you travel internationally, you do not have the protection of Canadian law; break the law and there is little the Canadian government can do for you
Substantive vs. Procedural Law The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal LawPrivate LawTort LawContract LawFamily LawWills & EstatesProperty Law Employment Law
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 Right to remain silent, right to an attorney… Eg. Proper investigational methods for DUI
Public Law vs. Private Law The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal LawPrivate LawTort LawContract LawFamily LawWills & EstatesProperty Law Employment Law
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 Sets limitations to the powers of Government. If a law is set forth that is unconstitutional it can be struck down Administrative Law = law related to the relationship between people and government departments, boards, and agencies (Liquor control board, Workers’ Comp) Criminal Law = law that identifies crimes and prescribes punishment (Murder, robbery, or assault)
Public Law vs. Private Law Private Law = Commonly known as Civil Law Covers all areas of law that deal with legal relationships between individuals and individuals and organizations Excludes Government Main purpose: regulate and compensate individuals who have been harmed by wrongful actions of others
Main aspects of Private Law Torts: Civil Injuries, compensation for harm, pain or suffering Contract Law: Everyday transactions in which people provide goods and services Family Law: Marriage, property division, custody and support of children Wills and Estates: Deals with property etc. after death Property Law: Regulates ownership rights in all property Employment Law: Relationship between employer and employee. Canada: Protects children under a certain age from being forced to work, minimum wage etc.
Your Turn… Worksheet 2.1 Do it... We’ll review tomorrow This is a great study tool! Ps. You just finished Chapter 2… Test… tomorrow (not); we’ll combine a few chapters for the next test