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Questions and Answers
Which party initiates a criminal case?
Which party initiates a criminal case?
- The State (correct)
- The accused individual
- A legal representative
- A civil plaintiff
What is the primary source of law that governs criminal offences in Canada?
What is the primary source of law that governs criminal offences in Canada?
- Administrative Law
- Common Law
- Statute Law (correct)
- Civil Law
Which of the following statements accurately describes the nature of criminal cases?
Which of the following statements accurately describes the nature of criminal cases?
- They are governed exclusively by Common Law principles.
- They are considered injurious to society as a whole. (correct)
- They involve disputes between individuals with no state involvement.
- They are initiated by the injured party.
Defences in criminal cases can primarily be found in which form of law?
Defences in criminal cases can primarily be found in which form of law?
What distinguishes a civil case from a criminal case?
What distinguishes a civil case from a criminal case?
In the context of law, what does procedural law primarily govern?
In the context of law, what does procedural law primarily govern?
Which statement regarding substantive law is correct?
Which statement regarding substantive law is correct?
What is the role of the accused in a criminal case?
What is the role of the accused in a criminal case?
Which of the following best describes the relationship between statute law and criminal law in Canada?
Which of the following best describes the relationship between statute law and criminal law in Canada?
What is one common misconception regarding criminal and civil law?
What is one common misconception regarding criminal and civil law?
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Study Notes
Sources of Canadian Law
- Statute law fills gaps in common law and equity or serves as a replacement for them.
- Created through a process outlined in Canada's Constitution by legislatures at both federal and provincial levels.
- Common law is founded on precedents from decisions made in royal courts within the British legal system.
- Decisions in common law are based on past litigation, establishing a framework for future cases.
Equity and Administrative Law
- Initially, parties sought resolutions for disputes directly from the monarch, evolving into equity, which consists of guiding principles in legal decisions.
- Administrative law consists of regulations that implement larger laws, executed by governmental bodies with delegated authority.
- Substantive law defines the rights and duties of individuals and society, while procedural law outlines the enforcement of these rights and duties.
Rights and Duties
- Rights include freedoms such as speech, mobility within geographical territories, and worship.
- Duties encompass obligations like adherence to the law and tax payment.
Categories of Law
- Divided into substantive and procedural law, with subcategories including:
- Public Law: Governs the relationship between individuals and the state.
- Private Law: Regulates disputes between private parties.
- Criminal Law: Pertains to actions harmful to society.
- Civil Law: Focuses on individual disputes related to contracts, torts, family, and property.
Criminal vs Civil Cases
- Criminal cases involve an individual or party versus the state, where the state initiates action and the accused is charged.
- Civil cases arise between individuals or parties, applying predominantly statute law, with some defenses found in common law.
- A crime is recognized as an act damaging to public interest, as encoded in the Criminal Code of Canada, a significant federal statute law.
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