: identifying a case as being sufficiently different from previous cases as to warrant a different decision. Statute Law: ●Consists of laws that are passed by elected representatives in the form of acts; a law or act passed by the government. ●These acts become laws after going through a formal procedure in the Parliament or provincial legislature. ●Statutes; are common law decisions that have been codified. ●Jurisdiction: -The political or legal authority to pass and enforce laws, or the judicial authority to decide a case.
-Each level of government; federal, provincial and municipal has the power to enact legislation in its own area of political jurisdiction. Federal Government: ●Enacts laws within its own jurisdiction which includes; criminal law, federal penitentiaries, employment insurance, banking and currency, marriage and divorce, and postal services. ●Everyone in Canada is subject to these laws. ●Matters that would be applied uniformly to every province Provincial Governments: ●Have authority to make laws within their provincial jurisdiction such as; laws affecting hospitals, police forces, property rights, highways and roads, and provincial jails ●Would act as a local nature and could vary from province to province Local Government: ●Municipal (local) governments makes laws called bylaws which are regulations that deal with local issues and are passed by municipal governments such as how high a backyard fence can go, or who should clear the snow from the sidewalk. ●Gives communities control and flexibility over local issues Constitutional Law: ●Body of law dealing with the distribution and exercise of government powers. ●Document that determines the structure of the federal government and divides law making powers between the federal and provincial governments. ●This law limits the powers of governments by setting out certain basic laws, principles and standards other laws must adhere to. ●If a law is found to be in violation of the Constitution it may be struck down on the grounds for being “unconstitutional” (ex: abortion). Categories of Law: 1.International Law 2.Domestic Law International Law: ●Law that governs relations between independent nations. ●Without any one global, law making authority, international law is generally created by custom; meaning consistent and general practice among states and the acceptance of this practise as law by the international community. ●Not only countries, many organizations have international legal status to help develop laws, adjudicate or act as a court to settle disputes. ●Major difference between international law and laws made within nations is enforcement.
Domestic Law: ●Law that governs activity within a nation’s border; usually from a monarchy or constitution. ●Includes both case law and statute law. Substantive Law: ●Law that defines the rights, duties, and obligations of citizens and government. ●When you examine the definition of a charge you are examining substantive law, for ex; “careless driving”. ●