law
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Foundations of Law
Inpotance of studying law
Laws are important because they heep society organized.
National divorce law, Prison Reform, Charter Rights and Freedoms
CProtects everyone equally no matter religon, age, sexual oriention)
Difference between Rules and Laws
•Roles-Not enforcable by courts and can be changed or opted.
not Smoking on school Property No wearing hats in class ete...
Laws-Enforceable by Courts and you cannot opt out or change Heu Con resultin Punishment Won't kill, Steal, Vandelize
The Role of low
The three Principles
Recognition and Acceptance, cauality and limited acttority
•Recognition-society must acknowledge the impotance opl of law to regulate behavoir (Stopping at red light cos it keeps save)
•Equality before law- The law treats everyone the same no matter LA Police officer can't break a law and avoid Punishment.
•Limited authority- no one including the government leaders can take away so meori's rights, antess the law allows it.
A Police officer Can't arrest you without reason or Proper legal cause they need evidence or permisson to do so.
aw and Morality-The relationship of laws to Moral tades and standard Laws sometimes Conflict with Personal or community Moral beleifs Capital Punishment, Physical disipline of childrer abortions
Controvers
Tension-There may be a conflict between what the law requires and what some communites believe is rigt or wrong
Law refleting society's charging Morality.
The law against drinking and driving became stricter as Societys veiw's Changed capital penisistent was outlaue in 1970
Justice and fairness in the la
Justice Varies based on indivisual beliefs.
"Treat like cases alike and different cases differently"
LA Pergon with Tourettes Might be punished the Same as someone who cause a disturbace without Medical condition.
• we consider a law unjust if it discriuinates on the basis or irrelevant Chareteristics it
4 people might consider is reasonably fair to be denied. Justice should be Mrartiel. Laws should be applied regardless of a person's Position or financial status. LD Chris brown beat Rihannas ass then chris should be charged with assuall.
we expect the law itself to be just in that it conforms to society's values and belifs.
if the federal government wanted to strengthon law enforcuat by Making all canadians to have a Samble of their DNA taken at birth some people might oppose it as unfair.
The code of Hamмогаві-Наннигаbi laws are famous for embodying the Principle of retributive Justice Meaning an ege foran eye on eye for an eye Mean the be equ punishment should be for the crime that is commited, law 196 Sags if a Man destroys the age of another Man his eye Must be destroyd, Laws began as Sommunity enforced rules.
Likvei-included laws on The Code of Lil theft, Robbery exc
Mosaic Hebrew law - focused on Morality and punishuert of the gulity. Thou shalt not steal, kill etc...
Greek law (Birth of democracy) - The first legal System where people had a say in law Making women were not allowed to speak in coort today-Started the idea of jory trial.
•Roman laws one of the first written law systems
1
it made sure the laws were clear and recorded so everyone kno People could have someone defend the Mn.
19pes of laws - Property laws, Contracts anrior, minal law it helped create the legal Profession.
justinians code, this law syster organized and improwad Roman laws, Covers contracts family issues and Propert Justice comes from his name.
At am
Manoleonic code-Made legal roles easier. coverd property, be bress deals, and family law.
Magna Cartar-was created because the king was infariy Maxing People and abusing his bower. Tells and shows sand one is above the law (Even the king)LO if the king wanted to take someones land, he had to follow legal rutes"
Habeas
corpos-you shall have the body.
A Parson cannot be jailed without appearing before a judge The government cannot arrest or imprison Someone without giving them a chance to defend themselves in court. This idea caue from the Magna carta it said that no one could be imprisoned without a fair trial)
Dif someone is arrested, they most be brought to court so a judge can decide it the arrest is fair
Influences on canadian Law Trial by ordeal (used for serious cri Mes)
decided guilt using dangerous testeptrial by Hot iron drowing a witch. Trial by oath helling (used for less serious Charges) it require People to swear an oath on the bible that they were inrocent. Trial by combat-Two parties imoled in a disbate ergarged in a duel.
Stare decis-tach tive a descian is Made in a new Case it created a Precendent or example to forlow it the future. its a legal Principle that Means courts should follow Previous rulings. LA if ebay was getting Sued before ave Count reded thet ebay isnt responsible for Sellers actions in the future cases the court right follow the same desican
Rule of precendent Set by brevious Court ccisions.
•International law - Laws that apply between countries to help them work together and solve Problems A trade agreement between canada and the u.s. or rules for war crimes
•Domestic laba-Laws that apply within a Single countree Carada's criminal Code applies. to crive commited in canada
substantive lour Inus that define Peoples's rights and respons tesiLD The law that says Stealing is a crime, opublic lat, that deal with issors betticon the goverment and People constitutioral law-laws about how the government works-A The Charter rights and freedoms
Administrative laos - laws about how goverment agencies make decions A Person appelsa denied disibilty Charm. • Criminal law-laws about crimes and Punishments LD someone is charged with assult. private law-laus the deal with Problemos between people or be, sheses
•Tort law-suing someone for harm they caused LAfalling down the stairs at school.
contect law-rules laboot agreements ED suing after a car accident, family law-laws about Marriage, divorce,
and children- who gets costodeg in a divorce wills and estates-Foles for then sovedne dies A who inherites Properta after death.
Like the
•Property law-roles about auching land or itemo Abuying a house, miltynent law-Holes about Workers and expogees A Min wiem wage laws.
•Procedural law laws about how legal Cases are handeld in Court & The steps Police most follow when making an arrest.
Family law-important laws
Annalment- A legal wag to cancel a Marriage as if never happend.ofreedom of consent-Both people must agree to Marry without Pressures Absence of a Prohibited relationship-you cant Marry close relatives Consanguinity and words affinity-Fancy the for Family relations Cblood of Marriage) petitoner vs respondent. The person Starting the divorce (Petitoner) and the one responding (respondent •Adultery and cruelty- Reasors for divorce (cheating or abusa) collosion when a couple lies to get a divorce faster. Matrimorail home - The house a Married couple lives in bir son of Property: splitting assets in divorce. Marriage vs common law-legal Marriage vs living together long enough to get sigular rights. • Net equalization-Splitting wealth fairing afer divorce
Charter rights and freedom sections 7-14: legal rights)
these protecti People from unfair trentient by the government,
•Section 7-right to life, libaty and security
Section 8-Protection from unreasonable Seancies Police need of warrent. Section 9-no random arrest or denteinment & section lo- right to lawyer if arrester section 11-Bight when charged with crime (like fair trial) section id-Protection frou cruel or unfair punishments.
•Section 13 Right to stay silent in coon section 19-right to an interpe in court
Human rights in Canada
caradions yel their nichts from the charter rights and freedom's and horlan rights code / Pernal and federal)
Criminal law feবসং
•achus reus/Mens rastripe Peavies boll a guilty ack! (Actos reus and a guilty Mind (Mons Real Motive/intert/Knowledge why sleure commits a crime (Motive) whether they Mean to (intent) and what they knew about it Cknowledge. Negligence/Relessness/willful Blindess' Negligence-Not being careful enough (A doctor Making a Mistake) Reclessness-groring risk (drunk driving) willful blindness-ignoring obvious facts (buging a cheap car theits clearly stolkn)
Des or criminal laws.
•Regulatory laws (Surict and absolute Liability)-Breaking rules. even without intent (Speeding) • Perpatrator The Person who COMMITS the crime Co-Penpatrator-People sto help commit the crime aiding/abetting/counselling-Helping encouraging or advising a crime accessory liter the fact helping someDre escape after a Crime.
yes of offenses:
Softlary offense-less serious A Public intoxication
Indica
moctable offerse-More Serious - Murder
sillabrid offense can be cither, depending on the case assolt
Quasi-criminal offerse Not a full crime but still punished → (Breaking traffic law's)
Homicide Killing someone
culpable homicide the killerris/ responsible (Murder)
non-culpable homicide killer is not responsible (self defense)
Murder
first-degree-Planned Murder
•Second degree-not Planned but intentioal.
Manslaughter-killing without intent
Infanticide-A Motter killing her newborn due to Mental distress