Classifying LawClassifying Law

Chapter 2Chapter 2

Sources Of LawSources Of Law

English Common LawEnglish Common Law – aka. Case law – aka. Case law or judge-made law. Combined with the law or judge-made law. Combined with the law of equity, Canadian courts follow the legal of equity, Canadian courts follow the legal principle of “Stare decisis”. Judges can principle of “Stare decisis”. Judges can also find a case as being different enough also find a case as being different enough from previous cases as to warrant a from previous cases as to warrant a different decision. This is referred to as different decision. This is referred to as “distinguishing a case.”“distinguishing a case.”

Statute LawStatute Law – refers to a law or act passed by – refers to a law or act passed by government. Statutes override common law….if government. Statutes override common law….if there is no statute then the common law applies.there is no statute then the common law applies.

When a judge interprets a statute, the decision When a judge interprets a statute, the decision becomes a precedent and similar cases are becomes a precedent and similar cases are interpreted the same way.interpreted the same way.

Federal, provincial or local governments Federal, provincial or local governments ((bylawsbylaws) can enact legislation that becomes ) can enact legislation that becomes law, depending on their jurisdiction. law, depending on their jurisdiction. QUASICRIMINAL LAWS VARY FROM QUASICRIMINAL LAWS VARY FROM PROVINCE TO PROVINCE (E.G. DRINKING PROVINCE TO PROVINCE (E.G. DRINKING AGE, LEGAL WORKING AGE)AGE, LEGAL WORKING AGE)

Constitutional lawConstitutional law – body of law which – body of law which deals with the distribution and exercise of deals with the distribution and exercise of government powers. It overrides all other government powers. It overrides all other law in that all law must be consistent with law in that all law must be consistent with the Constitution.the Constitution.

Our constitution is referred to as the Our constitution is referred to as the Constitution Act of 1982Constitution Act of 1982. (formerly the . (formerly the BNA Act)BNA Act)

If a law violates the constitution it may be If a law violates the constitution it may be thrown out by the courts. (abortion law thrown out by the courts. (abortion law violated the Charter right of security of violated the Charter right of security of person-STRUCK DOWN BY SUPREME person-STRUCK DOWN BY SUPREME COURT…prostitution also in 2014)COURT…prostitution also in 2014)

Constitutional law appears at the top of the Constitutional law appears at the top of the pyramid because it overrides all other laws.pyramid because it overrides all other laws.

Categories of LawCategories of Law International LawInternational Law – deals with relations between nations. (PEACE treaties, UN – deals with relations between nations. (PEACE treaties, UN

INTERNATIONAL COURT IN THE HAGUE, THE Netherlands INTERNATIONAL COURT IN THE HAGUE, THE Netherlands https://www.youtube.com/watch?https://www.youtube.com/watch?v=vbhmASsYdv8 )v=vbhmASsYdv8 )

Who is Who is Slobodan Milosevic? Slobodan Milosevic? LET’S READ TEXT! p 39LET’S READ TEXT! p 39 Charles Taylor faces verdict in 'blood diamond' trial – YouTubeCharles Taylor faces verdict in 'blood diamond' trial – YouTube Charles Taylor Sentenced to 50 years for War Crimes in Sierra Leone – YouTubeCharles Taylor Sentenced to 50 years for War Crimes in Sierra Leone – YouTube NUREMEBURG TRIALSNUREMEBURG TRIALS

Domestic LawDomestic Law – Laws within a country’s borders. (case law, statute law, see United States vs. – Laws within a country’s borders. (case law, statute law, see United States vs. Burns, p.41)Burns, p.41)

Substantive LawSubstantive Law – Refers to law that defines the rights, duties and obligations of both citizens – Refers to law that defines the rights, duties and obligations of both citizens and government. (right to own property)and government. (right to own property)

Procedural LawProcedural Law – The methods of enforcing the rights and obligations of substantive law. – The methods of enforcing the rights and obligations of substantive law. Persons of authority must follow proper procedures to ensure that all citizens are treated fairly.Persons of authority must follow proper procedures to ensure that all citizens are treated fairly.

Due process-proper procedcuresDue process-proper procedcuresMr. Big ruling prompts withdrawal of murder charge in Rhonda Wilson case - Nova Scotia - CBC NewMr. Big ruling prompts withdrawal of murder charge in Rhonda Wilson case - Nova Scotia - CBC NewssIF DUE PROCESS ISN’T FOLLOWED, A CASE MAY BE TOSSED OUT DUE TO INADMISSABILITY IF DUE PROCESS ISN’T FOLLOWED, A CASE MAY BE TOSSED OUT DUE TO INADMISSABILITY

OF EVIDENCE. (ILLEGAL ARREST, UNLAWFUL SEARCH AND SEIZURE)OF EVIDENCE. (ILLEGAL ARREST, UNLAWFUL SEARCH AND SEIZURE)

Public LawPublic Law Substantive law can be divided into public and private law.Substantive law can be divided into public and private law. Public LawPublic Law – refers to the relationship between government – refers to the relationship between government

and its citizens. It includes constitutional, administrative and and its citizens. It includes constitutional, administrative and criminal law.criminal law.

Administrative LawAdministrative Law – refers to the many government – refers to the many government departments, boards, etc. that play a role in regulating the departments, boards, etc. that play a role in regulating the relationship between people and government.relationship between people and government.

Criminal LawCriminal Law – refers to law that identifies crimes and – refers to law that identifies crimes and prescribes punishment. All crimes are described in the prescribes punishment. All crimes are described in the Criminal Code of CanadaCriminal Code of Canada and related laws such as the and related laws such as the Controlled Drugs and Substances ActControlled Drugs and Substances Act or the or the Youth Youth Criminal Justice ActCriminal Justice Act. When someone breaks the law, it is . When someone breaks the law, it is not only against an individual, but society as well. (R. vs not only against an individual, but society as well. (R. vs Accused, R refers to Regina, the Queen, or Rex, the King)Accused, R refers to Regina, the Queen, or Rex, the King)

Private LawPrivate Law Aka. Aka. Civil lawCivil law, it is law governing the relationships between private individuals , it is law governing the relationships between private individuals

and between individuals and organizations. Its main purpose is to regulate and between individuals and organizations. Its main purpose is to regulate conduct and compensate individuals who have been harmed by the wrongful conduct and compensate individuals who have been harmed by the wrongful actions of others. It includes…..actions of others. It includes…..

Tort LawTort Law – the branch of Civil Law that holds persons or organizations – the branch of Civil Law that holds persons or organizations responsible for damage they cause another person as a result of accidental or responsible for damage they cause another person as a result of accidental or deliberate action. RIGHT NOW- DEFINE TORT, GENERAL DAMAGES, deliberate action. RIGHT NOW- DEFINE TORT, GENERAL DAMAGES, SPECIAL DAMAGES, PUNITIVE DAMAGES, NOMINAL DAMAGESSPECIAL DAMAGES, PUNITIVE DAMAGES, NOMINAL DAMAGES

Contact LawContact Law – provides rules regarding agreements between people and – provides rules regarding agreements between people and business.business.

Family LawFamily Law – deals with aspects of family life. (marriage, divorce, child – deals with aspects of family life. (marriage, divorce, child custody,)custody,)

Other examples include Other examples include estate law (estate law (probate law…wills)probate law…wills), property law (, property law (REAL REAL ESTATE LAWESTATE LAW ) and employment law (minimun wage, workers compensation, ) and employment law (minimun wage, workers compensation, safety regulations, fair hiring practices)safety regulations, fair hiring practices)

MacEachern v. Malone (2014)MacEachern v. Malone (2014)

Figure 2.8Figure 2.8 Categories of Law, p. 45Categories of Law, p. 45Private law is divided into tort law, contract Private law is divided into tort law, contract law, family law, wills and estates law, law, family law, wills and estates law, property law, and employment law.property law, and employment law.