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Unit 1 Classifying the Law. PP#2 Mr. Andrez

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1 Unit 1 Classifying the Law. PP#2 Mr. Andrez
CLU3M - Law Unit 1 Classifying the Law. PP#2 Mr. Andrez

2 Sources of Law All the laws in Canada fall into one of three categories: Constitutional Statute law Common law Constitutional law _____________ Statute law _____________________ Common law

3 Sources of Law con’t Constitutional Law – the Constitution outlines the structure and powers of the government both federal and Provincial It is supreme law in Canada because it overrides all laws The courts will interpret laws to ensure they are consistent with the constitution Statute Law – laws or acts passed by the government i.e. – Criminal Code of Canada, The Highway Traffic Act Common Law - relates to decisions made by judges in previous cases

4 Sources of law Note the order of importance
Both Constitutional law and Common law are highly influenced by Judge’s Decisions Statute law is Government made law; must be consistent with the Charter Constitutional law _____________ Statute law _____________________ Common law Constitutional law _____________ Statute law _____________________ Common law

5 Divisions of Law Substantive Law Procedural Law
All laws that list the rights and obligations (duties) of each person in society Example: Property Law Canadians have the right to own property: Therefore: Expel trespassers Sell property Use and maintain the property Pay property tax Procedural Law The steps involved in protecting the rights given under substantive law A woodlot owner discovers people camping on her property Steps she can take stop trespassers Get compensation – sue for damages

6 Divisions of Law CANADIAN LAW Substantive Law (Statute and Case Law)
Procedural Law Public Law Private (Civil) Law Family Law Tort Law Labour Law Criminal Law Constitutional Law Administrative Law Contract Law Property Law

7 Public - Substantive Law
Controls the relationships between governments and the people who live in society Criminal Law Passed by Parliament Defines acts called “crimes” Sets penalties Criminal code Objective: To punish the offender and protect society and its members Lawyers represent both society and the accused. Crown attorney representing society, must prove beyond a reasonable doubt, the charges against the accused person (defendant)

8 Public - Substantive Law continued
Constitutional Law (Constitution Act. 1982) Laws that set out the structure of the federal, provincial, and territorial governments and the division of power among them Administrative Law Areas of law that controls the relationship between citizens and government agencies Example: Liquor Control Boards: manages the sale and consumption of alcohol and grant licences to serve them.

9 Private (Civil) - Substantive Law
Outlines the legal relationship between private citizens, and between citizens and organizations Objective: to manage the behaviours of persons and organizations in conflict with each other and to pay damages to those who have been wronged Both parties usually represented by lawyers. Plaintiff – the person who starts the legal action Family Law Deals with spouses, parents and children Contract Law Outlines the requirements for legally binding agreements Breach of contract means the legal agreement has been broken and the injured party can sue for damages

10 Private (Civil) - Substantive Law - continued
Tort Law Deals with wrongs, other than breach of contract, that one person commits against another person Malpractice and or negligence (carelessness) Property Law Anything that has a cash value Set of legal rules that control the use, enjoyment, and rental of property Labour Law Governs the relationship between employers and employees Minimum wage, pay equity, proper dismissal, working conditions, and workers’ compensation

11 Recap Distinguish between substantive and procedural law. Come up with examples to illustrate the distinction Distinguish between the parties in a criminal trial and the parties in a civil trial. To what extent are they similar or different? You have been hired to present a summary of the divisions within Canadian law. Briefly describe the categories of public and private law and provide an example to illustrate each type

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