SOURCES AND CATEGORIES OF LAW

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SOURCES AND CATEGORIES OF LAW

• UNIT 1
• (Chapter 2)

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Sources of Canadian Law

• Primary Sources
• Religion and Morality
• Historical Influences
• Customs and Conventions
• Social and Political Philosophy
• Secondary Sources of Canadian Law
• The Constitution
• Statute Law
• Case Law

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Primary Sources of Canadian Law

• 1. Religion and Morality
• Judeo-Christian influence (God)
• Morality Right vs. Wrong behaviour
• (As determined by society)

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Primary Sources of Canadian Law

• 2. Historical Influences
• Greeks (participation, jury)
• Romans (written codes, lawyers)
• Aboriginal (consensus, constitution)
• British (case law, rule of law)
• French (civil code)
• https//www.youtube.com/watch?voDALXORbtR4

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Primary Sources of Canadian Law

• 3. Customs and conventions
• Laws are supported by established ways that
  society has of doing things.
• These practices often find their way into the
  laws.

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Primary Sources of Canadian Law

• 4. Social and Political Philosophy
• These change over time and new laws must address
  these changes.
• Tied to changing societal values

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Secondary Sources of Canadian Law

• 1. The Constitution
• The supreme law of the land
• body of law which deals with the distribution and
  exercise of govt powers.
• Overrides statute and case law
• Make sure all law consistent with the
  Constitution.
• If a law violates the constitution it may be
  thrown out by the courts. (Ex. Abortion law)
• Constitution is referred to as the Constitution
  Act of 1982(formally BNA Act)

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Secondary Sources of Canadian Law

• 2. Statute Law
• Made by Federal and Provincial legislatures
• Gives lawmaking power to democratically elected
  reps
• refers to a law or act passed by government.
  Statutes override common law.if there is no
  statute then the common law applies.

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Secondary Sources of Canadian Law

• 3. Case Law or Common Law
• Evolves through decisions by judges
• The highest court to make a decision will set a
  precedent that all similar cases must follow.
• Case Law can be changed by new Statute Law, but
  both must defer to Constitutional Law.

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Categories of Law

• Substantive and Procedural Law
• Domestic and International Law
• Public and Private Law

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Categories of Law

• Domestic Law
• Applies within the boundaries of a nation
• Can be enforced by the government and interpreted
  by domestic court authority
• In Canada, this process is carried out within the
  democratic process

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Categories of Law

• International Law
• Consists of agreements between nations, often
  through an international body such as the UN
• Difficult for all countries to agree on these
  laws
• Even more difficult for these laws to be
  enforced, due to political factors

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Categories of Law

• Substantive Law
• Identifies the rights and duties of a person or
  level of government

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Categories of Law

• Procedural Law
• Outlines the methods or procedures that must be
  followed in enforcing substantive laws

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Categories of Law

• Public Law
• Refers to those laws which apply to dealings
  between individuals and the state
• Includes branches of constitutional law,
  administrative law, and criminal law

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Categories of Law

• Private Law
• Refers to those laws that apply to dealings
  between private individuals or organizations
• Also referred to as civil law
• Includes tort, property, contract, estate,
  corporate, consumer and family law

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• Figure 2.8 Categories of Law, p. 45
• Private law is divided into tort law, contract
  law, family law, wills and estates law, property
  law, and employment law.