Establish rules of conduct
What is law?
·
Type of rule that
controls actions and is established by government for all members of a society
to follow.
What is the purpose of
laws?
·
establish rules of
conduct, protect rights and freedoms, protecting people and property
Establish rules of
conduct
·
govern public's
conduct in relation to each other
protect rights and
freedoms
·
protect individual
rights ex. police are limited in right to search
protecting people
·
criminal law, product
safety laws, driving laws
Divisions of law.
·
Substantive law - all
the laws that list the rights and obligations
procedural law - steps involved in protecting the rights or enforcing the
obligations established by substantive law
What are the
categories of substantive law?
·
public law, criminal
law, constitutional law, administrative law, private (civil) law, family law,
contract law, tort law, property law, labour law
public law
·
governs relationships
between governments and individuals
criminal law
·
Crimes - Criminal
code, Controlled Drugs and Substances Act, Youth Criminal Justice Act
constitutional Law
·
establishes power of
each level of government
The Constitution Acts 1867 and 1982
Administrative Law
·
governs relations
between individuals and government
ex. Canadian Radio-Television and Telecommunications Commission (CRTC) and
liquor licensing boards
Private (civil)
·
laws that govern the
relation between private individuals and individuals and organizations - 5
categories
Family law, contract law, tort law, property law, labour law
family law
·
governs the
relationships between people who are related to each other or who live together
(spouses, children or co-habitators)
Contract Law
·
governs how binding
agreements are created and enforced - establishes what happens when a contract
is broken
Tort Law
·
deals with wrongs
committed by one individual against another
Property Law
·
covers anything of
value and determines how property may be used, sold or enjoyed
Labour law
·
examines the legal
rules governing the relationship between employers and employees
Retribution
·
paying for what you
have done "an eye for an eye", "tooth for a tooth",
"limb for a limb"
Roman Law
·
The Romans formed a
profession to study legal matters and emperor Justinian formed the Justinian
Code
Justinian Code
·
equity or fairness -
all people would be treated equally under the law regardless of wealth
Napoleonic code
·
Due to Napoleon's
influence in Europe much of modern European law is based on his code (as is
civil or private law in Quebec)
What is Canadian Law
based on?
·
France and England
Statute
·
written down law
Why is common law
called "common law"?
·
the law became
"common" to the entire country - all are treated the same under the
law
Precedent
·
that which has been
done before - an example of how things should be done (they use the results of
old cases to assist with new cases)
stare decisis
·
Latin term for
precedent - this can only be used if the cases are very similar
What are the
advantages of stare decisis?
·
brings certainty to
the law
2. forces the courts to act impartially
the parties
·
who is involved in the
case
Regina
·
= Queen
(represents the country)
Case's ratio
·
judge's/justice's
decision regarding the legal issues
obiter dicta.
·
judge's comments on
issues not raised by a case
Habeous Corpus
·
notion that no one may
be imprisoned without explanation and the individual was entitled to appear
before the courts within a reasonable time
Statutes
·
laws created by
Parliament (or provincial legislatures)
statutes represent codified law much like the Napoleonic code
courts in Canada and England consider common law and statute law
Purpose of
Constitution Act 1867
·
determined which areas
of government may pass laws
Which areas are
controlled by the Federal Government? (section 91)
·
banking, defence,
international trade, patents, fisheries, interprovincial trade, marriage and
divorce, criminal law, taxation, currency and immigration
Which areas are
controlled by the Provincial Government? (section 92)
·
private property
within the province, civil matters- lawsuits, health care, education,
administration of Justice (establishing courts), solemnization of Marriage
(valid wedding ceremony), direct taxation
In Canada we have many
laws that are?
·
codified (statutes)
instead of being Judge made laws (common law)
How are laws made in
Canada?
·
House of Commons -
first reading - new bill (proposed law) introduced and voted on
second reading - debated and voted on
Committee and interest groups investigate further
Third Reading - final changes, final vote
2. Senate - Three readings
3. Governor General - Signs the new law (final sign-off)
International Law
·
customary law -
required but not written down (understood) Sovereignty, Freedom of the Seas,
Right of Self-Defence
2. Treaty Law - written agreements with other countries (Charters, Conventions,
Protocols)
3. Resolutions - not binding but serve to focus international attention on
important situations
Does the United
Nations pass laws?
·
No, they only pass
resolutions
What is the Security
Council?
·
Part of the United
Nations - 5 permanent members with vetoes (US, China, Russia, France and
Britain) and 10 rotating members. (all members must carry out Security Council
resolutions)
How was the US Bill of
Rights first introduced?
·
10 amendments to the
Constitution in 1791
Canadian Bill of
Rights
·
passed by Parliament
in 1960
Two Criticisms of the
Canadian Bill of Rights
·
limited application -
only applied to federal matters
2. Simply a federal statute that could be changed by parliament at any time
(never effective in curtailing powers of government)
Canadian Charter of
Rights and Freedoms
·
-1982
-cannot be easily changed
-guarantees individual rights from provincial and federal governement
fundamental freedoms
·
Section 2 of Charter:
a) freedom of conscience and religion
b) freedom of thought, belief, opinion and expression (freedom of press and
media)
c) freedom of peaceful assembly
d) freedom of association
USA 
India