Purposes & Categories Slideshow 1

Exploring the Some Key Terms, Purposes & Categories of Law

What is Law?

  • Law defined as:

    • A system of rules recognized by a community or country that regulates the behavior of its members.

  • Importance of studying law:

    • Aids in becoming responsible and informed citizens.

  • Quick Brainstorm: List 5 laws you’ve followed this week.

Law is All Around Us

  • Laws impact major life transitions (buying a house, marriage, passport renewal, applying for a driver’s license).

  • In Canada, three distinct levels of government create laws:

    • Questions to consider:

      • Who can name these levels?

      • Where are the laws made?

      • Who is at the head of each level?

      • Who are representatives responsible for making laws?

Laws vs. Rules

  • Laws:

    • Apply to all members of society at all times.

    • Must be obeyed to live in that society (e.g. Highway Traffic Act).

  • Rules:

    • Apply to participants in specific activities.

    • Example: School uniform rules only apply to that particular school.

    • Remember: All laws are rules, but not all rules are laws.

    • Prompt: Think of examples of rules from home, school, sports teams, etc.

Why Do We Have Laws?

  • Society needs laws to:

    • Limit the behavior of citizens.

  • Functions of law include:

    • Establishing rules of conduct.

    • Providing a system of enforcement.

    • Protecting rights and freedoms.

    • Protecting society.

    • Resolving disputes.

Establish Rules of Conduct

  • Laws provide guidelines to minimize conflicts:

    • Example: To obtain a driver’s license, passing a written and road test is required.

    • Importance of road rules to prevent chaos.

Provide a System of Enforcement

  • Effective laws require enforcement:

    • Role of police and courts ensures laws are upheld.

    • Example: Being charged for street racing and facing court consequences.

Protect Rights and Freedoms

  • Laws support tolerance and respect in society:

    • Freedom of expression and peaceful assembly are protected.

    • Limitations exist only with justified reasons (e.g. harassment laws).

    • Distinction between lawful assembly and unlawful actions (e.g. rioting).

Protect Society

  • Criminal laws safeguard individuals from harm:

    • Society defines wrongs and sets punishments (e.g. prohibitions against carrying unlicensed firearms).

    • Civil laws protect individuals' rights (e.g. labor and safety laws).

Resolve Disputes

  • Function of law includes settling conflicts:

    • Can be resolved through negotiation or the court system.

    • Example: Trespassing leads to legal action (lawsuit).

Categories of Law

  • Key categories that exist as legal frameworks:

Substantive Law

  • Outlines rights and obligations in society.

  • Example: Assault laws in the Criminal Code of Canada.

Procedural Law

  • Details steps to protect rights.

  • Example: Police procedures for obtaining a search warrant.

Private Law (Civil Law)

  • Governs relations between private citizens and organizations:

    • Focuses on conflict resolution.

Public Law

  • Governs relations between the government and citizens:

    • Laws apply to all individuals in society.

Categories of Law: Public Law

  • Criminal Law:

    • Addresses societal offenses and punishments (e.g. 1st Degree Murder).

  • Constitutional Law:

    • Defines the structure and powers of government; supreme law (e.g. Charter of Rights & Freedoms).

  • Administrative Law:

    • Regulates interactions with government entities; addresses procedural fairness (e.g. Human Rights Commission complaints).

Categories of Law: Private Law

  • Family Law:

    • Regulates family relationships (e.g. marriage, divorce, child custody).

  • Contract Law:

    • Outlines requirements for legally binding agreements.

  • Property Law:

    • Concerned with the use and transfer of property.

  • Labour & Employment Law:

    • Governs employer-employee relationships (e.g. minimum wage).

  • Tort Law:

    • Determines responsibility for personal damages; includes malpractice lawsuits