Chapt 2 textbook notes.docx - Chapter 2 Common Law Is...

This preview shows page 1 - 3 out of 5 pages.

Chapter 2: Common Law: - Is judge-made law, case law derived from previously decided cases, based on precedent - “the part of English law that is derived from custom and judicial precedent” - Crimes like murder, burglary, arson, and rape are common-law cases Statutory Law: - “Statutory Law is the term used to define written laws, usually enacted by a legislative body” - They reflect existing social conditions that deal with morality - Crimes like gambling, sexual activity, and drug-related offences Development of Law in Canada: - Before Confederation in 1867, Canada didn’t have a standard criminal justice system. The military was the first to maintain law and order, and the Hudson’s Bay Company was using their employees to enforce their own set of rules/laws - Additionally, British common law was used for criminal prosecutions - After Confederation in 1867, the federal government created the criminal law, and the provinces and territories were responsible for enforcing it - Police of Canada act (1867) - Criminal code of Canada (1892) - Continuously updated Sources of Criminal Law: - 3 main sources: constitution: Canadian charter of rights and freedoms: these certain rights in the charter have to be followed in the law statutes in the criminal code: judge-made common law: have to follow the rules based on the constitution/charter - Not all sources are equal - Importance of judges: contribute to the development of law - International law: influences the judge’s decision Civil Law: - Civil law: includes property law, contract law, and tort law (the law of personal wrongs and damage, and is most similar in intent and form to the criminal law) aka all law except criminal law - Tort is a civil action where someone asks to be compensated for harm cause by another person (s), eg. trespassing, assault, slander - A person can be held BOTH criminally and civilly liable for one action Key Differences between the 2:
- Key difference between the 2 laws is that in criminal law, the state protects the public from harm by punishing the individual, whereas in civil law, the harm is considered private, so the person is compensated for harm done against them - Also, in criminal law, the culprit receives punishments, such as imprisonment, probation, or fine payable to state. In civil law, the culprit is required to pay monetary compensation to the victim - In criminal law, compensation goes to the state and the state brings the case against you. vs civil law, the compensation goes to the victim and the victim brings the case against you - Additionally, for criminal law, they have to prove that the culprit is guilty beyond a reasonable

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture