law unit #1 test definitions: International & canadian

CLN4U1

Sources of law in Canada: Common/case law

based on previous judge decisions, stare decis

if precedence, judge can change law

common law bc common to everyone - case law bc based on previous cases

Sources of law in Canada: Statute law

laws/acts passed by gov

precedence over common/case law and works together with it

Sources of law in Canada: constitutional law

overrules all canadian law (common/statute law)

restricts gov

Rule of law

everyone is equal under the law, nobody is above the law (law is needed & enforced by those in a legal position to do so)

• we know everyone follows the same laws as us even police & gov
• we know people who break the law will be held accountable
• we know even if they don’t agree with it, police (those in a legal position to do so) have to follow and enforce the law

Naturalist thinkers

Law is not the only source of law

morality/circumstance/human reason all come into play

law from supreme being (God)

Positivist thinkers

“The law is the law'“

written rules from gov are only source of law

morality doesn’t come into question

justice

equality/equity, moral rightness, fairness, punishment for wrong committed

Maurice Duplessis: 

Duplessis: Elected Quebec premier, hated jehova’s witnesses, abused power to revoke roncarelli’s license, did not benefit country he benefitted himself

Frank Roncarelli:

Jehova’s witness restaurant owner, paid bail for other Jehova’s witnesses, Duplessis revoked his liquor license, won court case because Duplessis was abusing his power and benefiting him instead of the country

Reasons laws change

C- Change in Values

I- Individual & Collective Actions

N- National Emergencies

D- Demographic Change

T- Technological Change

Demographic shifts

as populations shift, the laws shift to accommodate

• Ex. population shift from rural to urban, new laws created to handle change in population
• Ex. Retiring age at 65 (before it was forced to retire at that age)
• Ex. Age, birth, death rates

Technological changes

As technology shifts, so do laws

• Ex. Change from horses to buggy cars, therefore create traffic laws to accommodate
• Ex. Cell Phones and cyberbullying laws, distracted driving
• Ex. Privacy laws to combat social media concerns

Changes in value

As population changes, our social values change (important/ what should be legal)

• Ex. Smoking/drinking & driving
• Ex contraceptives were once illegal to purchase/sell. Now it’s almost illegal not to use them 

National emergencies

laws can accommodate urgent needs in society

Ex. 9-11 in USA prompted Canada to pass Anti-terrorism Act where:

• Allowed police to arrest people suspected of terrorist activity w/o charging them first
• Allowed police to force people to testify in secret investigations
• Custom’s act: custom agents & TSA have the authoritative power to inspect and have advanced access to people (who should be questioned/investigated/searched) *border crossing/airline travel

Individual & collective actions

One person can really change the way things are done

Ex. BLM

Ex. Nelson Mandela: challenged apartheid in South Africa but imprisoned for decades. Eventually became president and became abolished

Domestic law

• Laws created to govern activity within a nation's boundaries
• When you cross borders you have to abide by their laws

International Law

• Laws that govern relationships between independent nations
• Foreign policy

Substantive law

• Laws that define the rights, duties, obligations of citizens and government

Procedural law

steps that must be followed by police, gov, judges

• Laws that prescribe methods of enforcing the rights & obligations of the substantive law
• Ex miranda warning read to u before arrest in the US

Public law

if you break the law

• Regulates relationship with governments and citizens
• What falls under it: Criminal Law, Administrative Law, Constitutional Law

Criminal law

• Identifies criminals and prescribes punishments to criminals
• Crown vs whoever
• R. stand for regina (queen that created the constitution)]
• Criminal code in Canada creates laws
• It's always society versus criminals ( R/Crown v. whoever)

Administrative law

human rights violations

• Relationship between people and government departments, boards or agencies. Welfare, workers comp. Etc…

Constitutional law

• All laws must abide/follow constitution

Private law/civil law

relationship between an individual & organization

• Or civil law, pertains to relationships between private individuals and organizations
• Anything people can charge others for, not by the government

Tort law

holds a person/business accountable for damage

• Holds person or private organization responsible for damages caused
• Plaintive vs defendant
• People try to avoid not; like caution wet floor or coffee is hot (duh)
• Liebeck vs McDonalds
• Bc the places don’t want to get sued

Contract law

relationship between an individual and a businesses’ contract

• Revolves around rules regarding contract between individuals and business
• If one party fails to uphold the terms of contract it can be voided

Family law

• Deals with all aspects of family life. Divorce, care for elderly parents, child care, custody

Wills and estate

• Deals with division & distribution of goods and property after death
• Governs what each person will get, and it often turns families against each other
• who gets what

Property law

• Regulates rights & ownership of property

Employment law

• Governs relationship between employer and employee
• Age, minimum wage, hiring and firing, safety unions, etc…

equality

equal share of everything distributed equally to everyone

each individual person is given the same amount of resources & oppertunities

equity

recognizes each person has a different circumstance, so the resources and opportunities are specifically allotted to their %%needs%%

moral rightness

moral status of an action whether its right/wrong to a degree of wrongfulness

depends on the person’s sense

jurisprudence

philosophy (study of law/science of law) with 2 different viewpoints:

1. positivists (no morality)
2. naturalists (reason & circumstance)

covers law topics like definition of crime and the difference between law and justice

9/11 anti-terrorism act

9/11 prompted Canada to pass this

• Allowed police to arrest people suspected of terrorist activity w/o charging them first
• Allowed police to force people to testify in secret investigations
• Custom’s act: custom agents & TSA have the authoritative power to inspect and have advanced access to people (who should be questioned/investigated/searched) *border crossing/airline travel

4 types of Collective change

1) Lobby Groups

2) Royal Commission

3) Political Demonstration

4) Legal Scholarships

lobby groups

Lobby group: number of people trying to influence legislators for a cause or interest

Focus on raising public awareness & effective for changing the law

royal commissions

when passing a new law/removing a old one they hold public meetings for citizens to attend

legal scholarship

publish scholarly articles/books on a legal topic/issue

political demonstrations

law allows peaceful assemblies like protests/marches but some political demonstrations can turn bad and result in a not peaceful assembly

legal realism

laws from judges interpretation, human creation

law is determined by what happens in court, as judges interpret & apply

feminism jurisprudence

study that laws were created for men, to oppress women

questions equality & fairness

What is the rule of law? What standards does it set for society? Government? Why is it so
important?

Name and explain the factors which affect legal change? What influences these changes?

C-

I-

N-

D-

T-

What are the 4 ways in which changes are brought about by collective change?

Draw the Categories of Law diagram. What types of laws fall under Private Law? Public Law?

What are the sources of Canadian law? How do they work together? Separately?

What is the difference between the philosophy of Natural law and Positive law?

-

Who were the key philosophers discussed in class? What were their view points? What did each contribute to our current legal system?

-

Name and explain the modern theories of law? What do they tell you about the changing values of society?

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Explain some of the historical and contemporary methods and systems used for adjudicating legal questions.