types of law

1

PUBLIC LAW

Deals with the relationship between government and individuals

• In public law, the government is taking the individual to court

• Criminal law cases are called a prosecution

PRIVATE LAW (AKA CIVIL LAW)

deals with the interests of private individuals

• Deals with the interests of private individuals

• Called a lawsuit

Procedural law (public)

Sets out the rules of legal conduct 

• Police responsibilities, court procedures, etc…

Common Law (public)

A body of law created from previous court decisions

• Guiding principle is rule of precedent

• Trials must be held publicly

• Judges must give reasons for their actions

• Used all over canada except Quebec

Substantive Law (public)

•  Defines rights and obligations that people must follow

• Divided into statute law:

• Bills, laws, regulations, orders-in-council

• And case law (rule of precedent)

• Created by government

Constitutional Law (public)

Are the basic laws of nation states

• In Canada, are the laws that set out the structure of the federal, provincial, and territorial governments and the division of power among them

Administrative Law (public)

Controls the relationship between citizens and government agencies

Examples: Provincial Workers

Compensation Board and Liquor Control

Board

Criminal Law (public)

• Rules passed by parliament that define “crimes” that are considered to be offenses against society e.g. murder, kidnapping, etc…

• Is found in the criminal code (acts and their punishments are described)

• Goal is to punish offenders and protect society and its members

ENVIRONMENTAL LAW (public)

• Deals with a complex system of law that works to protect the natural environment

• Some environment law regulates the impacts of human activities

TAX (public)

 a codified system concerning the levies on economic transactions

ABORIGINAL LAW (public)

deals with a comprehensive series of acts and regulations concerning native people in Canada

COMMERCIAL LAW (private)

Governs business and regulates corporate contracts such as hiring and the sale of goods and services

CONTRACT LAW (private)

• Regulates the enforcement of contracts

• The most important feature of a contract is that one party makes an offer for a bargain that another party accepts

• BREACH OF CONTRACT - if someone does not fulfill the terms of a contract (injured party can take legal action)

• CONTRACT=A legally binding exchange of promises and agreement between parties that the law will enforce

LABOUR LAW (private)

• Governs the relationship between employer and employees

• Defines your rights and obligations as workers, union members, and employers in the workplace

Examples: employment standards (min. wage, vacation time, pay equity, etc...)

FAMILY LAW (private)

• Deals with family-related issues and domestic relations (people living together)

Examples: divorce, spousal abuse, custody, adoption, child abuse, child abduction, etc...)

PROPERTY LAW (private)

• It is a set of legal rules that controls the use, enjoyment, and rental of real property (land) and personal property '

• Includes everything from copyright or patents (for ideas) to jewelry, clothes and buildings

TORT (private)

•  A civil wrong that causes a claimant to suffer loss or harm

• Defines wrongs by one person or a group against another (it is a civil wrong and can be a criminal wrong)

Examples:

-car accident injury because of another’s negligent or criminal behaviour

-Defamation-tarnishing someone’s reputation

ESTATE LAW (private)

• Deals with wills and estates 

• Deals with how an individual’s property is distributed after death