2.1 – CLASSIFYING LAW Streeter
Sources of Law in Canada Constitutional Law Statute Law Common Law
Categories of Law – ‘Big Picture’ The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal LawPrivate LawTort LawContract LawFamily Law Wills & Estates Property Law Employment Law
International vs Domestic Law The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal LawPrivate LawTort LawContract LawFamily Law Wills & Estates Property Law Employment Law
International vs Domestic Law International Law = laws that govern relations between nations –Diplomatic immunity = agreements not to prosecute diplomats for certain offences while in a host country Domestic Law = laws that govern relations within a country’s borders
Substantive vs Procedural Law The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal LawPrivate LawTort LawContract LawFamily Law Wills & Estates Property Law Employment Law
Substantive vs Procedural Law Substantive Law = law that defines the rights, duties, and obligations of citizens and government –…is the ‘content’ of the law –Eg. Driving under influence Procedural Law = laws that prescribe the methods of enforcing the rights and obligations of substantive law –…is the ‘proper steps’ that law enforcement must follow –Eg. Proper investigational methods for DUI
Public Law vs Private Law The Law International Law Domestic Law Procedural Law Substantive Law Public Law Constitutional Law Administrative Law Criminal LawPrivate LawTort LawContract LawFamily Law Wills & Estates Property Law Employment Law
Public Law vs Private Law Public Law = law related to the relationship between individuals and the state –Constitutional Law = body of law dealing with the distribution and exercise of government powers –Administrative Law = law related to the relationship between people and government departments, boards, and agencies –Criminal Law = law that identifies crimes and prescribes punishment