1.2: The Divisions Of The Law Flashcards
What are the two basic parts of the Canadian law?
Substantive law: rights and obligations of each person in society.
Procedural law: procedures that outline the protecting and enforcing of rights.
What is substantive law broken into?
Public Law: regulates relationships between public and governments.
Private Law: governs relationships between two or more persons or businesses.
What are the three parts of public law?
Criminal Law: series of rules passed by Federal Gov. punish offenders and protect society (criminal code)
Constitutional Law: sets out structure of Federal Gov., division of powers. How the government operates (constitution) and protects citizens rights in dealings with the government.
Administrative Law: deals with citizens and government. Anything the gov. regulates (taxes).
What can private law be broken into?
Family Law: deals with relationships between people living as spouses, parents, and children.
Contract Law: deals with requirements for legally binding agreements.
Tort Law: any wrong other than breach of contract. When you sue a person.
Property Law: deals with the buying and renting of land.
Labour Law: regulates interactions between employer and employee.
What is a plaintiff and a defendant?
Plaintiff: a person launching action.
Defendant: a person who has action against them.
What is “balance of probabilities”?
Burden of guilt is not reasonable doubt. Simply “more” likely than not. Guilty = >50% they did it.
What is the difference between a rule and a law?
A rule applies only to people in a group (family / school) while a law applies to everyone all the time. Some laws are criminal (criminal record) and some are regulatory (majority of laws).
