Classifying LawClassifying Law

Chapter 2Chapter 2

Sources Of LawSources Of Law

English Common LawEnglish Common Law – aka Case law. – aka Case law. Laws based on the decisions of previous Laws based on the decisions of previous

judges (keeping decisions consistent)judges (keeping decisions consistent)Judges can also find a case as being Judges can also find a case as being

different enough from previous cases as to different enough from previous cases as to warrant a different decision. This is warrant a different decision. This is referred to as “distinguishing a case.”referred to as “distinguishing a case.”

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

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

All levels of government create All levels of government create statutes.statutes.

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. .

If a law violates the constitution it may be If a law violates the constitution it may be thrown out by the courts. thrown out by the courts.

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 – deals with relations between nations. (treaties, relations between nations. (treaties, i.e. NATO)i.e. NATO)

Domestic LawDomestic Law – Laws within a – Laws within a country’s borders.country’s borders.

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

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

Public LawPublic Law Contitutitonal LawContitutitonal Law – refers to the relationship – refers to the relationship

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

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

Criminal LawCriminal Law – refers to law that identifies – refers to law that identifies crimes and prescribes punishment. All crimes crimes and prescribes punishment. All crimes are described in the are described in the Criminal Code of CanadaCriminal Code of Canada (R. vs Accused, R refers to Regina, the Queen, (R. vs Accused, R refers to Regina, the Queen, or Rex, the King)or Rex, the King)

Public Vs. Private LawPublic Vs. Private Law

Private law: Private law: governs the relationships governs the relationships between private individuals and between private individuals and between individuals and between individuals and organizations. (compensating people organizations. (compensating people for the wrongful actions of others)for the wrongful actions of others)

Public Law: Public Law: Governs the relationships Governs the relationships between people and the state. It between people and the state. It protects society and maintains law protects society and maintains law and orderand order

Tort LawTort Law – the branch of Civil Law that holds – the branch of Civil Law that holds persons or organizations responsible for persons or organizations responsible for damage they cause another person as a damage they cause another person as a result of accidental or deliberate action.result of accidental or deliberate action.

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

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

Property LawProperty Law – governs ownership – governs ownership rights in property (houses, land, rental rights in property (houses, land, rental agreements, etc.).agreements, etc.).

Employment LawEmployment Law – provides rules for – provides rules for employer – employee relationships employer – employee relationships (working conditions, payment, (working conditions, payment, compensation, etc.) compensation, etc.)

Estate Law: deals with the division Estate Law: deals with the division and distribution of property after and distribution of property after death (Who gets your stuff?)death (Who gets your stuff?)

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.