Introduction To Law Flashcards
What is the definition of law?
A written custom established by a formally recognized governing body with authority and there are sanctions against non-compliance.
1 Rule of Law
No one is above the law!
3 sources of law
Statutes and bylaws
Common law
Constitution
Statutes and bylaws: statutory law
Federal legislation
Statutes and regulations passed by the federal government (parliament) that apply across the country.
Statutes and bylaws: statutory law
Provincial legislation
Statutes and regulations passed by a provincial legislature that apply within the province.
Statutes and bylaws: statutory law
Municipal legislation
Bylaws passed by a minimal government that apply within the municipality.
Common or case law
Judge made law
Developed through time, by judges following legal procedures
Subject to change over time.
Constitutional law
Supreme law of the land: gives all rights to citizens.
All other laws must be consistent with the constitution or they have no force and effect.
The constitution regulates powers of government bodies.
Gives duties to peace officers to uphold.
4 types of law
Public
Private
Criminal
Civil.
Public law
Offences against society.
The crown versus the individual or corporation.
Private law
Law that regulate the relationship between individuals or groups.
Civil matters, estates, wills, contracts.
Criminal law
Deals only with criminal or quasi-criminal (regulatory) offences.
The primary goal of criminal law is maintaining a just, peaceful and safe society.
Example: The police (state) charging someone with murder.
Civil law
Compensation for someone’s perceived wrong doings.
Found liable or not liable.
Example:
McDonald’s was sued for coffee being too hot.
Burden of proof
Civil case - on the balance of probabilities, more likely than not.
Criminal case - beyond reasonable doubt, to a moral certainty.
Organization of the Courts
Supreme Court of Canada
Alberta court of appeal
Alberta court of queen’s bench
Provincial court of Alberta.
3 Types of offences.
Summary or “summarily”
Indictable or “by indictment”
Hybrid or “dual procedure”
Summary offences
Less serious
Maximum 6 months imprisonment and/or $5000 fine (unless otherwise specified)
Trial in provincial court
6 months statute of limitations
Indictable offences
More serious
Maximum sentences are specified (up to life imprisonment)
Accused elects to be tried by provincial court judge, queen’s bench judges or queen’s bench judge with jury (s. 536 C.C.C.)
Hybrid offences
Most offences fall under this category.
Crown elects how to proceed in particular case.
If crown elects to proceed summarily, then summary procedures apply; if crown elects to proceed by indictment, then indictable procedures apply.
