Canadian Legal System Summary
Chapter 2
Introduction To The Canadian Legal System
What is Law? * Law is the body of rules made by government that can be enforced by the courts or by other government agencies * Definition of law is affected by history, theory, legal system in place, and social realities
Natural Law Theory * Law is based on prevalent moral code * Influenced by religious belief, reason, and logic
Legal Positivism * Law is determined by those with the authority to do so * Legislatures have declared law
Legal Realism * Law is determined by what rules the courts are willing and able to enforce * Law allows judges to factor in current social and economic realities when they make their decisions
Government Agencies …show more content…
* The rules governing arrest, investigations, pretrial, and court processes in both criminal and civil cases
Public Law * Regulates our relationship with government * Constitutional: how country is governed * Criminal: laws protecting society * Administrative: regulations created by government agencies (labour relations, CRTC, municipal) * Tax Law
Private or Civil Law * Regulates personal, social, and business relationships * Torts: intentional negligence, other business torts * Property: personal property, real property, intellectual property * Contracts: sales of goods act, employment, negotiable instruments corporations, mortgages
Civil Law Legal System (Civil Code) * A list of rules stated as broad principles of law that judges apply to cases * Used in Europe and most developing countries * Quebec’s legal system is based on the French Civil Code (most recent came into effect in 1994) * Code determines the principle to be applied
Common Law Legal System * Judge made law * A system of justice developed by judges, in which judges were required to follow each others decision * Based on precedent or “stare …show more content…
Fundamental Freedoms – religion, opinion, assembly, association, expression 2. Democratic Rights – right to vote 3. Mobility Rights – right to travel and live anywhere within Canada, right to enter and leave the country 4. Legal Rights – everyone granted a right to life, liberty, and security of person. Secure from unreasonable search and seizure, detention or
Introduction To The Canadian Legal System
What is Law? * Law is the body of rules made by government that can be enforced by the courts or by other government agencies * Definition of law is affected by history, theory, legal system in place, and social realities
Natural Law Theory * Law is based on prevalent moral code * Influenced by religious belief, reason, and logic
Legal Positivism * Law is determined by those with the authority to do so * Legislatures have declared law
Legal Realism * Law is determined by what rules the courts are willing and able to enforce * Law allows judges to factor in current social and economic realities when they make their decisions
Government Agencies …show more content…
* The rules governing arrest, investigations, pretrial, and court processes in both criminal and civil cases
Public Law * Regulates our relationship with government * Constitutional: how country is governed * Criminal: laws protecting society * Administrative: regulations created by government agencies (labour relations, CRTC, municipal) * Tax Law
Private or Civil Law * Regulates personal, social, and business relationships * Torts: intentional negligence, other business torts * Property: personal property, real property, intellectual property * Contracts: sales of goods act, employment, negotiable instruments corporations, mortgages
Civil Law Legal System (Civil Code) * A list of rules stated as broad principles of law that judges apply to cases * Used in Europe and most developing countries * Quebec’s legal system is based on the French Civil Code (most recent came into effect in 1994) * Code determines the principle to be applied
Common Law Legal System * Judge made law * A system of justice developed by judges, in which judges were required to follow each others decision * Based on precedent or “stare …show more content…
Fundamental Freedoms – religion, opinion, assembly, association, expression 2. Democratic Rights – right to vote 3. Mobility Rights – right to travel and live anywhere within Canada, right to enter and leave the country 4. Legal Rights – everyone granted a right to life, liberty, and security of person. Secure from unreasonable search and seizure, detention or