Test 1 (Week 1 & 2) Flashcards
Rules V. Laws
Rules belong to a particular group, can be broken/avoided without hard consequences
Laws are very specific, government made and published/proclaimed
Laws that reflect the different societal values and beliefs? (laws lead)
- Criminal law
- Marriage
- Divorce
Laws that serve more practical purposes in society
- Traffic laws
- Property laws
- Commercial laws
(to regulate certain actions)
Laws that have led to social or behavioural change
- Legalization of LGBTQ+ marriage
(has caused more acceptance from society for those participating in same-sex marriage)
Laws that have followed social or behavioural change
Legalization of marijana
(less stigmatized)
- abortion?
Compensatory Justice
Focuses on compensating the “victim” or “wronged party”
Retributive Justice
Focuses on the retribution or punishment of the wrongdoer
Distributive Justice
Focus is on allocation of resources in society
Restorative justice
Focus on healing, reparation, and reconciliation of all parties and society
What is the Rule of Law
Cornerstone of Canada’s democratic society and a guiding principle in our legal system
- Mentioned in the premable to the Canadian Charter
Central idea behind the Rule of Law
- Everyone should be treated equally before the law
Three thoughts on the rule of law
- Laws should be clear and prospective
- Judiciary must be independent
- Legal services and access to courts should be open and affordable
International law
Governs relations between independent nations
Domestic law
Governs activity within a nations boarder
Private law
Regulates and facilities interactions between individuals
Public Law
Regulates relationship between the state & its citizens, dictates rights and obligations of citizens and imposes penalties for disobeying
Key areas of public law
- Criminal law
- Constitutional law
- Administrative law
- Taxation law
Key areas of Private law
- Tort law
- Contract law
- Rules to define and protect property and its ownership
Criminal case
Burden of proof on crown
- Beyond a reasonable doubt
Civil law
Burden of proof on the Plaintiff
- On the balance of probabilities
Substansive law
Determines whether there is a cause of action or defence
“what” legal rights, remedies etc the court recognizes
Procedural law
Determines how the dispute is brought to court (the process)
