In Canada laws include both government-made rules called “legislation” and judge-made rules...

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Transcript of In Canada laws include both government-made rules called “legislation” and judge-made rules...

Page 1: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.
Page 2: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced by society

Page 3: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.
Page 4: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Establish rules of conduct

Knowing the law helps us to avoid disputes before they arise. Also, the law serves as a problem-solving tool

Examples: contracts for vehicle purchases specifies what buyer and seller receive; landlord/tenant relations

Page 5: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Provide a system of enforcement

Laws must be enforced (police and the courts)

Examples: The police may charge an individual for breaking a particular law, and that individual would have to go to court to pay the consequences

Page 6: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Protect rights and freedoms

A right is something you are entitled toAn obligation is something you must doThe law encourages the protection of the

rights of citizens (tolerance and respect)Rights cannot be limited unless there is a

solid legal reason for doing so. Examples: freedom of expression vs.

verbally disrespecting someone

Page 7: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Protect society from harm

Laws define what we consider wrong and set out punishment for those who break the law

Example: carrying an unlicensed handgun (criminal law), labour and occupational safety laws (civil laws)

Page 8: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Resolve disputes

Laws settle conflicts (negotiation or court system)

Examples: being sued for trespassing on someone’s property

Page 9: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.
Page 10: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Two Basic types of law in Canada Substantive Law

Laws that set out the rights and obligations of each person in society

Substantive law allows Canadians to own property and enjoy the rights that come from ownership

Procedural Law Laws that outline the steps and procedures

involved in protecting and enforcing the rights given under substantive law

An example would be the procedures of arrest, jury selection or the steps involved in preparing a legally binding contract

Page 11: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Substantive or procedural?

Page 12: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

A law that makes it illegal to assault another person

Page 13: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

A law that outlines the steps to follow in making an arrest

Page 14: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

A law that makes it illegal to possess a controlled drug

Page 15: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

A law that outlines the steps in obtaining a search warrant

Page 16: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.
Page 17: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Public Law

Controls the relationship between the government and the people. It represents laws that apply to all individuals.

Page 18: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Types of Public Law

Criminal Law – series of rules passed by federal Parliament to prohibit or prevent certain actions such as murder, assault, theft, break & enter etc . . .

Page 19: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Types of Public Law

Constitutional Law – laws that set out the structure of government, especially the divisions of power between the provincial and federal governments

Page 20: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Types of Public Law

Administrative Law – governs the relationship between citizens and government & public agencies (i.e. Liquor Control Board, CRTC, Employment Insurance Comm.)

Page 21: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Private law (also known as civil law) Outlines the rights and responsibilities of

private individuals and organizations. In a private (civil) law case, the person who starts the lawsuit is called the plaintiff, and the person who is being sued is called the defendant. The plaintiff sues because he or she believes that the defendant has caused him or her harm, loss, or injury.

Page 22: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Types of Private Law (also called “Civil” Law) Family Law – governs relationships

between persons living as spouses and between parents and children

Page 23: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Types of Private Law

Contract Law – a contract is an agreement between 2 or more persons which imposes rights and duties on those parties. As simple as the purchase of a CD or as complex as the leasing of a jumbo aircraft

Page 24: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Types of Private Law

Tort Law – a tort is a wrong which one person commits against another. It gives remedies to those who have been injured by the intention or negligence of others

Page 25: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Types of Private Law

Property Law – governs the relationships between individuals relating to real property (land and buildings) and personal property (cars, bank accounts etc. . . )

Page 26: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Types of Private Law

Labour Law – covers the relationship between employers and employees in terms of rights and obligations. Issues include employment contracts, grievances, etc.

Page 27: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

The Divisions of Canadian law

Page 28: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

The Divisions of Canadian law

Page 29: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

PUBLIC OR PRIVATE LAW? A youth is arrested for

committing a break and enter.

Page 30: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

A store owner agrees to sell you a chocolate bar at a specified price.

Page 31: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Your job as a cashier pays you at the provincial minimum-wage rate.

Page 32: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

You are arrested for underage drinking in a public park.

Page 33: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

You sue a doctor for causing you extensive throat injury while operating to remove your tonsils.

Page 34: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Your parents have divorced and agree on issues related to custody and support payments.

Page 35: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Your parents are considering buying a new home or leasing a new apartment.

Page 36: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

You attend a demonstration and are arrested for unlawful assembly.

Page 37: In Canada laws include both government-made rules called “legislation” and judge-made rules called “common law” which are both respected and enforced.

Homework

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