1. Types of Law

2. Sources of Law Constitution (Constitutional Law) –Legal framework outlining the operation of the government Statute Law –Law created by legislatures (Parliament) Common Law –Law created by judges decisions

3. Major Divisions Substantive Law –Rules of behaviour dictated by the law –Tells us when the law has been broken Procedural Law –The “how to” of the law –Rules for legal procedures (how to arrest, how to conduct a trial, how the accused are to be treated…)

4. Major Divisions Public Law Law that regulates the relationship between the state and the individual (or how the state relates to itself) –Criminal –Administrative –Constitutional Private Law (Civil Law) Law that involves disputes between individuals or private entities such as corporations –Family –Contract –Labour –Property –Tort

5. When is it a crime? The Criminal Code of Canada regulates behaviours that are deemed serious enough to be of concern to our society as a whole. Therefore, a murder or theft is not considered an action against an individual but rather is an offence against all Canadians. The individual (victim) may also seek restitution in civil court

6. Exam Question Here! CRIMINAL LAW Brought by Crown (on behalf of society) R. v. Jones Protect society Punish (jail, fine…) Police enforce Beyond a reasonable doubt CIVIL LAW Brought by Plaintiff (individual or group) Smith v. Jones Settle disputes Settlement (damages) Individual enforces Balance of probabilities

7. Why Common Law? Provides consistency in the law Provides clarification for statute law Example “No person shall loiter on the street at night.” Some terms in this law require clarification –Does “person” only refer to people who are legally responsible for their actions? Kids? –“ Loiter” when exactly is someone loitering? –What does the term “street” include? Sidewalk, park… –When does “night” begin and end