Chapter 2/3 - Concepts

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