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:
positivists (no morality)
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
Lobby Groups
Royal Commission
Political Demonstration
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?
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Who were the key philosophers discussed in class? What were their view points? What did each contribute to our current legal system?
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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.