Law PDF - Canadian Legal Systems
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Uploaded by SumptuousCarolingianArt
Mount Royal University
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Summary
This is a presentation on Canadian law, covering different types of law, including public and private law, as well as the roles of law enforcement, courts, and legislatures. It discusses the functions of law enforcement, customary/common law, and legislation. The presentation also includes examples and discussion points, making it an informative resource for learning about Canadian legal systems.
Full Transcript
LAW LAW 1. WHAT ARE LAWS? 2. LAW ENFORCEMENT 3. THE COURTS 4. LEGISLATURES 5. TYPES OF LAW WHAT ARE LAWS? ‘A rule or regularity of behaviour’ Laws make things intelligible/understandable, predictable ‒ Laws of nature, physi...
LAW LAW 1. WHAT ARE LAWS? 2. LAW ENFORCEMENT 3. THE COURTS 4. LEGISLATURES 5. TYPES OF LAW WHAT ARE LAWS? ‘A rule or regularity of behaviour’ Laws make things intelligible/understandable, predictable ‒ Laws of nature, physics, gravity etc. ‒ Natural moral law – objective morality ‒ Supply & demand Human made law = ‘a rule of human conduct that is enforced by the community (with) coercion or violence if necessary.’ WHAT ARE LAWS? Rules of human conduct include ‒ Habit ‒ Custom ‒ Regularities of behaviour Some are ‘enforced’ by society, others by the state. Those crucially important to society’s order and survival require coercive sanctions LAW ENFORCEMENT Functions of law enforcement Retribution (punishment) Restraint (deterrence) Restitution (compensation) Rehabilitation (improve behaviour) THE COURTS Customary / Common Law “body of law […] primarily from judicial decisions based on custom and precedent, unwritten in statute or code” Precedents ‒ previous cases with similar facts and legal issues Stare decisis = stand by what is decided = follow precedents LEGISLATURES Legislation includes… Statutes Codes Regulations ‒ Rules made by a government department or delegated to an administrative or regulatory agency (e.g. Human Rights Commission) Bylaws ‒ Passed by municipal governments TYPES OF LAW Common Law vs. Legislation ADVANTAGES ADVANTAGES Flexibility Preventive/proactive potential Can expand to deal with changes (e.g. Can foresee and prevent conflict technology) Relatively rapid creation/change ‒ Radio waves, copyright Explicit Can shrink (cease using outdated laws) DISADVANTAGES DISADVANTAGES Uncertainty Uncertainty due to general language ‒ Conflicting precedents Requires regular overhauls as circumstances ‒ Undesirable series of decisions change TYPES OF LAW Public Law Private Law Relations between the state and Relations of individuals individuals ‒ Civil law ‒ Constitutional law E.g. contracts, lawsuits ‒ Criminal law Codified in Quebec’s Code Civil ‒ Administrative/Regulatory law Mostly common law outside Quebec TYPES OF LAW ‒ The highest law, overruling other laws if they are inconsistent with it. ‒ Can overrule common law ‒ Subordinate to the constitution and legislation ‒ Except when judges interpret the constitution to strike down or change legislation ‒ Sometimes elected officials avoid controversial issues, leaving them to the courts THIS WEEK Discussion and Response Post 1 Power & Authority / States & Nations / Law Briefly explain a type of authority covered in the course and illustrate using a Canadian example. Discussion Post 1 (Max 400 words) Due Friday, January 19, 2024 Midnight MDT Response Post 1 (Max 200 words) Due Sunday January 21, 2024 Midnight MDT
