Categories of Categories of LawLaw

The LawThe Law

The broadest categories The broadest categories of law are International of law are International Law and Domestic Law Law and Domestic Law

International LawInternational LawIncludes laws that govern Includes laws that govern independent nations in their independent nations in their relationships with one another.relationships with one another.

Created by customCreated by custom Nations sign treaties and are Nations sign treaties and are

considered binding as law considered binding as law (Extradition, NATO, and NAFTA)(Extradition, NATO, and NAFTA)

Some organizations have Some organizations have international legal status (UN and international legal status (UN and International Courts)International Courts)

Difficult to enforce international lawDifficult to enforce international law

Domestic LawDomestic LawLaw that governs activity within a Law that governs activity within a nation’s borders.nation’s borders.

Nation’s law making authority comes Nation’s law making authority comes from the power to governfrom the power to govern

Power usually comes from a Power usually comes from a constitution or monarchyconstitution or monarchy

Includes both case law and statute lawIncludes both case law and statute law All within a country’s borders are All within a country’s borders are

subject to that nation’s lawssubject to that nation’s laws

Divisions of Domestic LawDivisions of Domestic Law

Domestic Law is divided Domestic Law is divided into substantive and into substantive and

procedural lawprocedural law

Substantive LawSubstantive LawLaw that defines the rights, Law that defines the rights, duties, and obligations of citizens duties, and obligations of citizens and government.and government.

Your conduct is governed by Your conduct is governed by substantive lawsubstantive law

Is the content of the lawIs the content of the law Examples include right to own and Examples include right to own and

protect property, entering into protect property, entering into contracts, and the rules of the roadcontracts, and the rules of the road

Procedural LawProcedural LawLaw that prescribes the methods of Law that prescribes the methods of enforcing the rights and obligations enforcing the rights and obligations of substantive law.of substantive law.

Ensures that all citizens are treated Ensures that all citizens are treated fairlyfairly

Ensures that neither the police or Ensures that neither the police or courts act arbitrarilycourts act arbitrarily

Examples include proper procedures Examples include proper procedures to gather evidence, requirements for to gather evidence, requirements for lawful arrest, and trial procedureslawful arrest, and trial procedures

Divisions of Substantive LawDivisions of Substantive Law

Substantive law is Substantive law is divided into Public and divided into Public and

Private lawPrivate law

Public LawPublic Law

Divisions of Substantive LawDivisions of Substantive Law

Public LawPublic LawRegulates the relationship between Regulates the relationship between government and its citizensgovernment and its citizens

Three categories of public law:Three categories of public law:1)1) Administrative LawAdministrative Law

2)2) Criminal LawCriminal Law

3)3) Constitutional LawConstitutional Law

Types of Public LawTypes of Public LawAdministrative LawAdministrative Law – Law related to – Law related to

the relationship between people the relationship between people and government departments, and government departments, boards, and agenciesboards, and agencies

Examples:Examples: Liquor Control, Worker’s Liquor Control, Worker’s Compensation, Social Assistance, Compensation, Social Assistance, and Health and Safety and Health and Safety

Types of Public LawTypes of Public LawCriminal LawCriminal Law – Law that identifies crimes and – Law that identifies crimes and

punishments as described in the Criminal Code punishments as described in the Criminal Code of Canadaof Canada

Prohibits behaviour that causes harm to others, Prohibits behaviour that causes harm to others, such as murder, assault, and robberysuch as murder, assault, and robbery

Crimes are against societyCrimes are against society Only the federal government can pass criminal Only the federal government can pass criminal

legislationlegislation Only a crown attorney can lay criminal chargesOnly a crown attorney can lay criminal charges Provinces administer or implement criminal lawProvinces administer or implement criminal law

Types of Public LawTypes of Public LawConstitutional LawConstitutional Law – Body of law – Body of law

dealing with the distribution and dealing with the distribution and exercise of government powersexercise of government powers

Overrides all other lawsOverrides all other laws Limits the powers of governmentLimits the powers of government Divides power between the federal Divides power between the federal

government and the provincesgovernment and the provinces Courts interpret these laws to ensure Courts interpret these laws to ensure

all others are ‘constitutional’all others are ‘constitutional’

Divisions of Substantive LawDivisions of Substantive Law

Private LawPrivate Law

Private LawPrivate LawLaw governing the relationships Law governing the relationships between private individuals and between private individuals and between individuals and organizationsbetween individuals and organizations

Also known as civil or case lawAlso known as civil or case law Excludes government organizationsExcludes government organizations Regulates conduct and compensates who have Regulates conduct and compensates who have

been harmed by the wrongful actions of been harmed by the wrongful actions of othersothers

Refers to torts (civil injuries), contracts, Refers to torts (civil injuries), contracts, property law, and family lawproperty law, and family law

Types of Private LawTypes of Private LawTort LawTort Law – Branch of civil law that – Branch of civil law that

holds persons or private holds persons or private organizations responsible for organizations responsible for damage they cause another damage they cause another person as a result of an accident person as a result of an accident or deliberate actionor deliberate action

Onus is on the plaintiff to prove Onus is on the plaintiff to prove that the defendants actions that the defendants actions caused the damage caused the damage

Types of Private LawTypes of Private LawContract LawContract Law – Branch of civil law – Branch of civil law

that provides rules regarding that provides rules regarding agreements between people and agreements between people and businessesbusinesses

Family Law Family Law – Deals with various – Deals with various aspects of family life including aspects of family life including marriage, property division upon marriage, property division upon separation, and child custody separation, and child custody

Types of Private LawTypes of Private LawWills and Estates (Estate Law) Wills and Estates (Estate Law) – –

Deals with the division of Deals with the division of property after death including if a property after death including if a person dies without having a will person dies without having a will

Property LawProperty Law – Governs ownership – Governs ownership rights in property including the rights in property including the buying and selling of real estatebuying and selling of real estate

Types of Private LawTypes of Private LawEmployment Law Employment Law – Governs – Governs

employer/employee relations employer/employee relations including minimum age a person including minimum age a person can work, restrict the number of can work, restrict the number of hour required to work, and hour required to work, and specify minimum wagesspecify minimum wages