BLAW (Chapter 2).docx - Chapter 2 Legal System Define “law” and identify the types of law that exists in Canada Law is the body of rules that can be

BLAW (Chapter 2).docx - Chapter 2 Legal System Define...

This preview shows page 1 - 2 out of 5 pages.

Chapter 2: Legal System Define “law” and identify the types of law that exists in Canada: Law is the body of rules that can be enforced by the courts or government agencies (tribunals, police). Law is different from moralities. o Moral rules are not enforced. Law are all LEGAL wrongs. Theft can arguably be a moral wrong but is definitely a legal wrong. Categories of law: law consists of rules with different but intersecting functions. o Substantive law: established not only the rights an individual has in society, but also the limits on his or her conduct. o Procedural law : determines how the substantive laws will be enforced. The rules governing arrest, investigation, and pre-trial and court processes in both criminal and civil cases are examples. o Public law: includes constitutional law, which determines how the country is governed and the laws that affect individuals; relationships with government such as criminal law and regulations created by government agencies. o Private law: involves the rules that govern our personal, social, and business relations, which are enforced when one person sues another in a private or civil action. Classifications of Law: 1. Common Law and Civil Law Systems: we operate under the Common Law System. 2. Criminal Wrongs and Civil Wrongs 3. Classification of Civil Wrongs 2. Origins of Law: Common Law System: Relies on precedent, or precedent cases. Has relied on case law to form the basis of the legal system. “Stare decisis” “the thing that has already been decided”, this is used to help evolve the law. In addition to call of evidence in case law, you can argue that your client’s case alike another case. You can contest that the judge should follow a certain decision because a past case. Common Law mainly consists of Torts and contract Contains both Civil Law and Criminal Law Origins of Common Law: Established mainly by the British and French kingdoms. The common law legal system’s important feature is that the decision of a judge at one level is binding on all judges in the court hierarchy who function in a court of lower rank, provided the facts in the two cases are similar. Civil Law System: Quebec has a Civil Law System : Based on civil codes, these are laws that are written out, numerated and organized. Found in Quebec, France, Germany, China and many countries not colonized by the British. Judges are NOT bound to precedent cases like the common law system, but can be inspired by them. Origins: modern civil law traces its origins back to Emperor Justinian, who had Roman law codified for use throughout the Roman Empire. Then Napoleon revised it to become the Napoleonic Code. Sources of law Criminal Wrongs and Civil Wrongs 1. Criminal Wrong: o A wrong done by an individual against the state. (It is against the state because the state has interest to punish, deter, and rehabilitate.
Image of page 1

Subscribe to view the full document.

Image of page 2

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern

Ask Expert Tutors You can ask 0 bonus questions You can ask 0 questions (0 expire soon) You can ask 0 questions (will expire )
Answers in as fast as 15 minutes