chapter 2 - classifying the law Flashcards
common law aka case law
- laws created by former decisions of judges of similar cases
- trumped by constitutional + statue
statute law
- laws passed by elected representatives in the form of acts
* passed through parliament + provincial legislatures
federal gov.
• enacts laws like criminal, federal penitentiaries, employment insurance, banking/currency, marriage/divorce, postal services
•everyone is subject to these
•
provincial gov
- create laws within their province
* ex. hospitals, police force, property rights, highways/roads, provincial jails
municipal gov.
- create bylaws within cities
* ex. how high fence can be, garbage, sprinklers
constitutional law
- trumps everything
- makes structure of federal gov.
- list principles, basic laws limiting the gov
- guarentee civil rights
categories of law (first split)
international law
• laws governing the relationship between independent nations
•treaties are treated as law
•trouble is enforcement
domestic law
•law applicable to a country created by the respective gov and constitution
•substantive and procedural
substantive law
- defines the rights, duties, obligations of citizens + gov
- ex. right to protect and own property
- public + private
procedural law
- law decscribing the methods of enforcing substantive law
* ensures all citizens are treated fairly and cops + court are not arbitrary
public law
- regulates relationship between gov and citizens
* constitutional, administrative, criminal law
administrative law
- gov departments, boards, tribunals that regulate gov + citizen relationships
- ex. liquor control, labour board, workers compensation board
criminal law
- prohibits + punishes behaviour causing harm to others
- in canada crime is carried out against all of society represent by the crown
- only the crown can lay a charge and must be in criminal code
private law aka civil law
- legal relationships individuals+ orginizAtions (excluding gov)
- compensate harmed individuals
- tort, contract, family, wills + estates, property, and employment law
tort law
• holds persons or orginizations responsible for damage they cause to a person
contract law
- law that provides rules regarding agreements between ppl and businesses
- if either party is unhappy in business transactions dispute forms
