Some Key Terms and Notions

Civil Law v Common Law Civil Law v Common Law (Rome) (England) (Rome) (England) Common law v Statutory law Common law v Statutory law 2

Common law: judge-made Common law: judge-made case law case law arises from judicial decisions arises from judicial decisions precedents precedents Statutory law: legislation Statutory law: legislation Parliament, Congress, Etc. Parliament, Congress, Etc. Civil Law v. Criminal Law Civil Law v. Criminal Law 3

Civil law Plaintiff v Defendant Plaintiff v Defendant P brings an action against D P brings an action against D Balance of probabilities Balance of probabilities Found liable (or not) Found liable (or not) Judgment in favour of P or D Judgment in favour of P or D 4

Compensation, specific performance, etc Compensation, specific performance, etc Appeals to higher court – Appeal Court Appeals to higher court – Appeal Court Leave to appeal granted or denied Leave to appeal granted or denied Appeal based on question of law or procedure Appeal based on question of law or procedure Loser at trial level: Appellant Loser at trial level: Appellant Winner at trial level: Respondent Winner at trial level: Respondent 5

Criminal Law Punishment not compensation, specific performance, etc. Punishment not compensation, specific performance, etc. Standard of Proof: Beyond reasonable doubt Standard of Proof: Beyond reasonable doubt Burden of proof on state Burden of proof on state State v Defendant (“the Accused”, “The Prisoner”) State v Defendant (“the Accused”, “The Prisoner”) Regina, Rex, DPP, AGO, AGC, State of Michigan, etc. Regina, Rex, DPP, AGO, AGC, State of Michigan, etc. Result: verdict (not judgment) Result: verdict (not judgment) “Guilty” or “Not Guilty” (in Scotland: “Not proved”) “Guilty” or “Not Guilty” (in Scotland: “Not proved”) 6

FURTHER POINTS RE: COMMON LAW SYSTEMS Hierarchical – county courts, provincial courts, appeal courts, Supreme Court of Canada Hierarchical – county courts, provincial courts, appeal courts, Supreme Court of Canada Normally, appeals must make their way up the hierarchy (leave to appeal not always granted) Normally, appeals must make their way up the hierarchy (leave to appeal not always granted) Different courts, different jurisdictions – e.g. family court (divorces, child custody) Different courts, different jurisdictions – e.g. family court (divorces, child custody) Divided into different areas Divided into different areas 7

Areas of Law Constitutional Law Constitutional Law Administrative Law Administrative Law Criminal Law (Criminal Code of Canada) Criminal Law (Criminal Code of Canada) Contracts Contracts Torts Torts Property Property Family law Family law Maritime Law Maritime Law Etc. Etc. 8