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functions of law
Helps us avoid or settle disputes
Sets out rights and obligations
Provides remedies
Maintains order and provides protection
Sets up structure of government
Directs how to make laws
who is responsible for the criminal code
federal government
what system do we have in canada
adversarial
influences on law
demographic changes, technological changes, changes in values, religion, events/circumstances, history/ancient civilizations
parties in civil vs criminal law
civil - plaintiff v defendant
criminal - r (queen or crown) v defendant
breach of ___ civil vs criminal law
civil - common or statute law
criminal - select federal or narcotics control act
purpose - criminal vs civil law
criminal - protection of society
civil - resolution of disputes
action civil vs criminal
civil - lawsuit
criminal - prosecution
remedy - civil vs criminal law
civil - compensation
criminal - punishment
private/civil law
deals with the interests of private individuals
public law
Deals with the relationship between government and individuals
examples of public law
administrative, constitutional, criminal, environmental, tax, aboriginal
examples of private law
commercial, contract, labour, family, property, tort, estate
substantive law
defines rights and obligations that people must follow
divided into statute law and case law
statute law
bills, laws, regulations
administrative law
controls the relationship between citizens and gov agencies
criminal law
found in the criminal code
goal is to punish offenders and protect society
environmental law
system of law that works to protect the environment
tax law
concerned with the levies on economic transactions
aboriginal law
deals with a series of acts and regulations related to indigenous people
commercial law
governs businesses and regulates corporate contracts
contract law
regulates the enforcement of contracts
labour law
governs the relationships between employers and employees
family law
deals with family-related issues and domestic relations
property law
legal rules that control the use and rental of property
tort law
defines wrongs by 1 person or a group against another
estate law
deals with wills and estates
what must be proven in criminal vs civil law
criminal - beyond reasonable doubt
civil - balance of probabilities
adversarial system
judge’s role is limited, right to remain silent, innocent until proven guilty, 1 side wins, 1 loses, accused has more rights
inquisitorial system
judge can ask the accused questions and the accused must answer, accused not automatically presumed innocent, accused has limited rights
historical influences on canadian law
greek, british, roman, french, indigenous
greek law influence
introduced democracy
early tort law
impartial juries
british law influence
introduced common law
rule of precedent
rule of law + illegal imprisonment
roman law influence
12 tables - laws written on state tablets that were put in a public place so everyone knows what the law is
french law influence
created early civil law
allowed inquisitorial trial system
indigenous law influence
introduced restorative justice
passed traditions orally
jurisprudence
investigates the concepts, notion, and principles of legal thought
constitutional law
basic law of nation states and framework for gov
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Flashcard (48)