An Introduction to Law

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An Introduction to Law
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Laws and Its Function
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What is Law?

• Series of rules
• Society changes so do laws
• Rules covering human relationships
• Disputes settle through due process
• A trail

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The Need for Laws

• Keeping order
• As society increases, laws are changed
• Limitation to the behavior of citizens

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The Functions of Law

• Provides framework for society
• Provides the basis for settling disputes
• Establishing rule of conduct
• Protecting rights and freedoms
• Providing protection for society

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Divisions of The Law
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Public Law

• Regulates relationships between governments and
  society
• Criminal Law
• Constitutional Law
• Administrative Law

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Private Law

• Outlines the personal and private relationships
• Family Law
• Contract Law
• Tort Law
• Property Law
• Labour Law

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The Early History of Law
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The Code of Hammurabi

• Most important and earliest records
• Codification
• Retribution

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Moses and Mosaic Law

• First five books of Old Testament
• Ten Commandments
• Significant differences from Babylonian Law
• Restitution

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Roman Law

• Basis of law for Western Europe
• Justinian Code
• Napoleonic Code or French Civil Code

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The Development of Canadian Law
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Feudalism and Common Law

• Based on relationships between lord vassals
• Laws common to all people

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Precedent

• Stare decisis
• Established standard common system judging
  offences
• Introduces a degree of certainty
• Causes the court to act impartially

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Case Law

• Also known as Common Law
• Recorded cases are given a citation
• Law based on judges trail decisions

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The Rule of Law

• Governed in Canada
• Cant put restrictions of people randomly
• People must be protected
• Disputes settle peacefully

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Parliament and Statue Law

• First parliament made in England
• Parliament made new laws common laws
• Decisions written become statue laws
• Laws available to public in books

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Canadas Constitution
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The Division of Powers

• Jurisdiction
• Municipals
• bylaws
• Provincial
• Federal

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How Laws are Made
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Passage of Federal Legislation

• House of Commons
• Cabinet
• Senate
• Royal Assent
• Proclamation date

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• Passage of Provincial Legislation
• Similar to federal Parliament
• Regulations for Statues
• Each statute specifies the general content
• Passage of Municipal Bylaws
• Varies from one municipality to another

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The End