Functions of Law

• Laws serve several key functions in society

Functions of Law

• Maintains order and provides structure by preventing chaos and outlining acceptable behavior and maintaining peace
• Traffic laws prevent accidents and ensure road safety
• Protects rights and freedoms by safeguarding individuals from discrimination and harm
• The Canadian Charter of Rights and Freedoms protects fundamental freedoms like freedom of speech, religion, and equality rights
• Resolves disputes fairly through courts and legal processes
• Without laws, people might take justice into their own hands, leading to anarchy
• Civil courts resolve property disputes between neighbors
• Establishes standards of conduct by creating expectations for behavior in areas like business, family, and employment
• Workplace safety laws require employers to protect workers from hazards

5 Functions of Law

• Establish rule of conduct
• A system of enforcement
• Protects right and freedom
• Protects society (and by extension, property)
• Resolve disputes

Understanding Case Citations

• Case citations help identify legal cases and where they can be found
• Example case citation: R. v. Smith, 2020 SCC 5
• R: Regina which is the Crown in criminal cases; R stands for the Queen or King
• v: Versus means the opposing party
• Smith: The name of the accused/defendant
• 2020: The year the case was decided.
• SCC: Supreme Court of Canada which is the court abbreviation
• 5: Case number, i.e. the 5th case in that year
• Civil cases: Jones v. Brown, 2019 ONCA 12 means Jones is suing Brown in Ontario Court of Appeal

Four concepts of Legal Thinking

• Legal thinking involves analyzing cases using four key concepts
• Legal Significance explains why is this law or case important, and outlines how it affects people or set’s new legal precedents
• The R. v. Morgentaler case was significant for abortion rights in Canada
• Continuity & Change explains how laws have evolved over time
• Same-sex marriage was illegal but became legal in 2005 under the Civil Marriage Act
• Interrelationships explains how do laws affect individuals and society
• Environmental laws regulate industries but also protect public health – one thing leads to another, which leads to another
• Legal Perspective explains that different people such as judges, lawyers and citizens may see laws differently
• A business owner might see higher taxes as unfair, while the government sees them as necessary for public services
• Legal principles to consider incorporate fairness, justice and equality

Classes and Divisions of Law

• Substantive Law explains the substance of law Lists all the rights and duties of people in society, for example, the law against assault
• Procedural law goes though the process of law Explains the Steps involved to protect the rights outlined under substantive law and is Followed by police, lawyers, judges
• In example, outlines steps a police officer must take when making an arrest, crown must turn over all evidence to defence prior trial with no surprises

Public Law – Laws that apply to society as a whole

• Criminal Law: Laws against crimes for example murder and theft
• Constitutional Law governs rights and government powers for example the Charter of Rights and Freedoms
• Administrative Law: Rules for government agencies for example WorkSafeBC regulations
• Indigenous law: Made for indigenous communities by indigenous communities
• Aboriginal law: Made for indigenous communities but not be or respectful to indigenous communities

Private (Civil) Law – Laws that settle disputes between individuals

• Contract Law: Enforces business agreements
• Tort Law; deals with damages caused by a person or organization
• Family Law: Regulates aspects of family Covers divorce, child custody, adoption
• Property Law: Deals with ownership of property
• Employment law: Governs the relationship between employer and employees
• Labour law: Governs the relationship between employer and union

Influences of Past Legal Systems

Code of Hammurabi (1750 ВСЕ)

• It consists of first written laws with harsh punishments such as "eye for an eye
• It’s influence can be seen in modern legal systems that use mandatory minimum sentences for certain crimes though Modern justice is less harsh

Mosaic Law (Biblical Times)

• It is based on Ten Commandments such as "Thou shalt not steal," and includes protection for the vulnerable like widows, orphans, and poor
• It’s influences are reflected in moral laws that still influence our system for example perjury is illegal because truth matters in court, and it also consist of shaping moral values like prohibitions against theft, murder, and adultery

Justinian Law

• Overview: Emperor Justinian collected Roman laws, which became the foundation for many modern legal systems
• Influence: Civil Law Systems in countries like France and Germany, helped create clear legal codes, like the Napoleonic Code

Magna Carta

• Overview: A 1215 English document that limited the king's power and protected citizens' rights
• Influence: The idea that everyone is equal under the law, is seen in the U.S. Constitution as well as fair trials and rights for individuals which are now a global standard

Indigenous Law

• Overview: Laws based on the customs and traditions of Indigenous peoples, focusing on, land resources, and community behavior
• Influence: Land rights and self-governance for Indigenous groups, and Ideas of environmental protection that influence modern conservation laws

Key Terminology

• Common Law: a Legal system based on judicial decisions rather than written statutes
• Case Law: is the Laws developed from past court decisions that are used as precedents
• Appeals: The process of asking a higher court to review the decision of a lower court
• Restitution: is the Compensation given to someone for harm or loss they have suffered
• Retribution: is the Punishment imposed as a response to a crime, intended to seek justice or revenge
• Rule of Law: The principle that everyone, including government officials, is subject to the law
• Precedent: A previous court decision used to guide rulings in similar future cases
• Jurisdiction: The authority of a court to hear and decide on a case
• Statute: A written law passed by a legislative body

Equity and Equality

• Equity: Fairness based on individual circumstances and needs
• Equality: Treating everyone the same under the law
• Difference: Equity adapts the law to fairness, while equality applies the same rule to everyone
• Indigenous Law: Laws based on the customs and traditions of Indigenous peoples, governing social conduct and land use
• Due Process: The legal guarantee that a person's rights will be respected during legal proceedings
• Habeas Corpus: The right to not be unlawfully imprisoned and to have a court review the detention
• Stare Decisis: The principle that courts must follow precedents to ensure consistency in the law
• Restorative Justice: A justice approach focused on repairing harm through reconciliation between the offender and the victim
• Plaintiff: The person or party who initiates a lawsuit in a court of law
• Defendant: The person or party accused of a crime or sued in a court case