Here are some clarifying notes from the first chapter of the text, pp. 6-31.
Why Do We Need Laws?
- Keep the Peace
- Set rules of behaviour
- Protect people & property that need protecting (Criminal Law)
- Protect public safety
- Protect our rights and freedoms
Difference between RULES & LAWS?
- Rules apply to specific circumstances (e.g. game of hockey, no swearing at school)
- Laws apply to EVERYONE ALL the time. Laws are written. Laws are mandatory. Laws are enforced by the government.
FUNCTION OF LAW
1. Rules of Conduct (e.g. speed limits)
2. System of Enforcement (Police and Judiciary)
3. Protect Rights and Freedoms (Constitutional Law)
4. Protect Society (Criminal Law)
5. Resolve Disputes (contracts & law suits)
DIVISION OF LAW
Public Law - laws that apply to EVERYONE. This part of law regulates the relationship between the government and the people.
- Criminal Law
- Constitutional Law
- Administrative Law
Private Law - (Civil Law), rights and responsibilities of private individuals and organizations. A person can sue someone or an organization if he or she believes that the defendant has caused him/her harm, loss or injury.
- Tort Law
- Family Law
- Contract Law
- Property Law
- Labour and Employment Law
Historical Development of Law - as seen through your History of Law Projects, modern laws have been built upon the philosophies of older laws. Because people living "civilized lives" (i.e. not hunting and gathering) have all developed towns and cities and have economies based on materials goods with value, people have always had to deal with disputes and have therefore needed laws. Also, the idea that governments should allow for rights and freedoms of citizens has developed over time into what we have in Canada now, the Charter of Rights and Freedoms. Similar laws (protections of citizens) exist in most other countries.
COMMON LAW - was developed in England - relied on case law and applied to all people. The idea was that legal cases with similar facts had to be ruled upon similarly. A ruling in one case would later determine how future similar cases would be handled.
CASE LAW- the written record of decisions of judges (this is actually part of our law).
PRECEDENT - a legal decision that becomes an example and authority for future similar legal cases.
Citation of Case Law - Page 17 has this in great detail. One point to note - in criminal cases it's always listed as "R. vs. Smith" (or the defendant's last name), where the "R." represents "Rex" or "Regina", which is Latin for King or Queen. The state (Canada) lays criminal charges, individuals do not lay criminal charges.
RULE OF LAW - The Magna Carta was an important development in human rights. It forced King John to fall under the power of the law, he (the head of state) was no longer above the law, he was subject to it. It also ensured that the ruler did not arbitrarily restrict rights and freedoms of citizens.
HABEAS CORPUS - (Latin for "have the body"). People have the right to go before a judge for the judge to determine whether the person is being detained lawfully.
How Laws are Made in Canada
Parliamentary Democracy - nobles gathered after the Magna Carta and discussed legal ideas and this developed into a formal system, "House" of Parliament where representatives from around the country would meet to create laws (obviously they did a lot of debating and talking in the process). Canada maintains this system today.
One of the outcomes of this system is the idea of "STATUTE Law" - the law is Written Down. The main job of our elected officials is to write new laws and to update older ones.
HOUSE OF COMMONS - First reading, a bill is introduced by the Cabinet or private member, first vote is taken.
Second Reading - Bill introduced again and debated in general, second vote taken.
Committee Stage - Bill is studied in general by experts, parliamentarians, members of the public who have been invited to speak and by those who have asked to speak. Amendments are made.
Third Reading - Bill briefly debated, third vote taken.
SENATE - Same three stages happen here - this is also known as the "Sober Second Look".
GOVERNOR GENERAL - signs the bill into law - this is called, "Royal Assent". Once this happens the bill is "Proclaimed Into Law" and it then takes effect.
Why Do We Need Laws?
- Keep the Peace
- Set rules of behaviour
- Protect people & property that need protecting (Criminal Law)
- Protect public safety
- Protect our rights and freedoms
Difference between RULES & LAWS?
- Rules apply to specific circumstances (e.g. game of hockey, no swearing at school)
- Laws apply to EVERYONE ALL the time. Laws are written. Laws are mandatory. Laws are enforced by the government.
FUNCTION OF LAW
1. Rules of Conduct (e.g. speed limits)
2. System of Enforcement (Police and Judiciary)
3. Protect Rights and Freedoms (Constitutional Law)
4. Protect Society (Criminal Law)
5. Resolve Disputes (contracts & law suits)
DIVISION OF LAW
Public Law - laws that apply to EVERYONE. This part of law regulates the relationship between the government and the people.
- Criminal Law
- Constitutional Law
- Administrative Law
Private Law - (Civil Law), rights and responsibilities of private individuals and organizations. A person can sue someone or an organization if he or she believes that the defendant has caused him/her harm, loss or injury.
- Tort Law
- Family Law
- Contract Law
- Property Law
- Labour and Employment Law
Historical Development of Law - as seen through your History of Law Projects, modern laws have been built upon the philosophies of older laws. Because people living "civilized lives" (i.e. not hunting and gathering) have all developed towns and cities and have economies based on materials goods with value, people have always had to deal with disputes and have therefore needed laws. Also, the idea that governments should allow for rights and freedoms of citizens has developed over time into what we have in Canada now, the Charter of Rights and Freedoms. Similar laws (protections of citizens) exist in most other countries.
COMMON LAW - was developed in England - relied on case law and applied to all people. The idea was that legal cases with similar facts had to be ruled upon similarly. A ruling in one case would later determine how future similar cases would be handled.
CASE LAW- the written record of decisions of judges (this is actually part of our law).
PRECEDENT - a legal decision that becomes an example and authority for future similar legal cases.
Citation of Case Law - Page 17 has this in great detail. One point to note - in criminal cases it's always listed as "R. vs. Smith" (or the defendant's last name), where the "R." represents "Rex" or "Regina", which is Latin for King or Queen. The state (Canada) lays criminal charges, individuals do not lay criminal charges.
RULE OF LAW - The Magna Carta was an important development in human rights. It forced King John to fall under the power of the law, he (the head of state) was no longer above the law, he was subject to it. It also ensured that the ruler did not arbitrarily restrict rights and freedoms of citizens.
HABEAS CORPUS - (Latin for "have the body"). People have the right to go before a judge for the judge to determine whether the person is being detained lawfully.
How Laws are Made in Canada
Parliamentary Democracy - nobles gathered after the Magna Carta and discussed legal ideas and this developed into a formal system, "House" of Parliament where representatives from around the country would meet to create laws (obviously they did a lot of debating and talking in the process). Canada maintains this system today.
One of the outcomes of this system is the idea of "STATUTE Law" - the law is Written Down. The main job of our elected officials is to write new laws and to update older ones.
HOUSE OF COMMONS - First reading, a bill is introduced by the Cabinet or private member, first vote is taken.
Second Reading - Bill introduced again and debated in general, second vote taken.
Committee Stage - Bill is studied in general by experts, parliamentarians, members of the public who have been invited to speak and by those who have asked to speak. Amendments are made.
Third Reading - Bill briefly debated, third vote taken.
SENATE - Same three stages happen here - this is also known as the "Sober Second Look".
GOVERNOR GENERAL - signs the bill into law - this is called, "Royal Assent". Once this happens the bill is "Proclaimed Into Law" and it then takes effect.
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