Sources of the Canadian Legal System Notes and Assignments
Official Sources
Common Law Judge-made laws( law that originates from the decisions made by judges in previous case) or Stare Decisis cases ,relying on decisions made by other courts determining the outcome of similar cases. Distinguishing a case or identifying a acse as being sufficiently different from previous cases as to warrant a different decisison.
Statute Law A law or act passed by government-elected representatives in the form of acts. If there is no statute in place, common law prevails ( the two co-exist in the Canadian practice) Each level of government-federal, provincial, municipal –has the power to enact legislation in its own area of political jurisdiction( authority and control)
Jurisdiction Political or legal authority to pass and enforce laws, or the judicial authority to decide a case. Indian Bands AND Aboriginal groups with self-government have the authority to enact legislation
Bylaws Laws that deal with local issues and are passed by municipal governments.
Constitutional Law A document that determines the structure of the federal government and divides law-making powers between the Federal and provincial governments.
Categories of Law
Domestic law- the law that governs within a nation’s borders Substantive Law- the law that defines the rights, duties, and obligations of citizens and government Procedural law- law that prescribes the methods enforcing the rights and obligations of the substantive law
Substantive Law= Public Law+ Private Law
Types of Law Public Law is the law related to the relationship between individuals and the state Administrative Law-law related to the relationship between people and government department, boards, and agencies. Criminal Law- law identifies crimes and prescribes punishment.
Private law-Civil law Law governing the relationships between private individuals and between individuals and organizations
Private Law
Private Law Description Tort Law-the branch of civil law that holds persons or private organizations responsible for damage they cause another person as a result of accidental or deliberate action Contract Law- Law-the branch of civil law that provides rules regarding agreements between people and businesses. Employment Law-the branch of civil law that governs employer-employee relationship.
Private Law II Family Law-the branch of civil law that deals with various aspects of family life. Estate law-the branch of civil law concerned with the division and distribution of property and death Property Law-the branch of civil law that governs ownership rights in property.
Read Chapter II pp.34-46 and Do the Following: Quick Quiz Checking Your Knowledge Developing Your Thinking and Inquiry Skills
Quick Quiz- Identify the following: The term for municipal laws A category of law requiring the involvement of a police officer Two terms, one covering law within the country and one covering law between nations A category of law that involves the Ontario Human Rights Commission and the Wildlife Management Board
Quick Quiz- Identify the following: The term describing acts passed by Parliament A category of law under which a person can sue for injuries The type of law the family of a man who does without a will must rely on to distribute his property The category of law that covers divorce, custody, and separation
Quick Quiz Two categories of substantive law
Checking your Knowledge Answer the Following Questions What is meant by judge-made laws Provide two examples of statutes or acts enacted by the federal government. What is the role of constitutional law in the Canadian legal System? Explain why criminal law falls under the category of public law
Checking your Knowledge Define tort law Tax law and environmental law were not discussed .How would you categorize these branches? Why? Name the jurisdictions of each level of government. What are the main sources of the Canadian Law?