CHW3U - Law

Unit 1 Divisions of Law. PP#2Ms Pannell

Source: Gibson, Murphy, Jarman and Grant, . ALL ABOUT THE LAW Exploring the Canadian Legal System. 5th. Toronto: Nelson, 2003. Print. Pp6-10

Divisions of Law

Substantive Law All laws that list the rights

and obligations (duties) of each person in society

Example: Property Law Canadians have the right to

own property: Therefore: Expel trespassers Sell property Use and maintain the property Pay property tax

Procedural Law The steps involved in

protecting the rights given under substantive law

A woodlot owner discovers people camping on her property Steps she can take stop

trespassers Get compensation – sue for

damages

Divisions of LawCANADIAN LAW

Substantive Law(Statute and Case Law)

Procedural Law

Public Law Private (Civil) Law

CriminalLaw

ConstitutionalLaw

Administrative Law

FamilyLaw

ContractLaw

TortLaw

Property Law

LabourLaw

Public - Substantive Law Controls the relationships between governments and

the people who live in society

1. Criminal Law Passed by Parliament Defines acts called “crimes” Sets penalties Criminal code Objective: To punish the offender and protect society and

its members Lawyers represent both society and the accused. Crown

attorney representing society, must prove beyond a reasonable doubt, the charges against the accused person (defendant)

Public - Substantive Law continued

2. Constitutional Law (Constitution Act. 1982) Laws that set out the structure of the federal,

provincial, and territorial governments and the division of power among them

3. Administrative Law Areas of law that controls the relationship between

citizens and government agencies Example: Liquor Control Boards: manages the sale

and consumption of alcohol and grant licences to serve them.

Private (Civil) - Substantive Law Outlines the legal relationship between private citizens, and between

citizens and organizations

Objective: to manage the behaviours of persons and organizations in conflict with each other and to pay damages to those who have been wronged

Both parties usually represented by lawyers. Plaintiff – the person who starts the legal action

1. Family Law Deals with spouses, parents and children

2. Contract Law Outlines the requirements for legally binding agreements Breach of contract means the legal agreement has been broken and the

injured party can sue for damages

Private (Civil) - Substantive Law - continued

3. Tort Law Deals with wrongs, other than breach of contract, that one person

commits against another person Malpractice and or negligence (carelessness)

4. Property Law Anything that has a cash value Set of legal rules that control the use, enjoyment, and rental of

property

5. Labour Law Governs the relationship between employers and employees Minimum wage, pay equity, proper dismissal, working conditions,

and workers’ compensation

Recap – Text page 10

1. Distinguish between substantive and procedural law. Come up with examples to illustrate the distinction

2. Distinguish between the parties in a criminal trial and the parties in a civil trial. To what extent are they similar or different?

3. You have been hired to present a summary of the divisions within Canadian law. Briefly describe the categories of public and private law and provide an example to illustrate each type