Chapter 1 Flashcards
(28 cards)
What are the 5 functions of the Law
1.Establish Rules of Conduct
2.Provide a System of Enforcement
3.Protect Rights and Freedoms
4.Protect Society
5. Resolve Disputes
Definition: Establish Rules of Conduct
Laws are meant to outline guidelines for individuals in society in order to reduce conflict.
Eg. In order to get your drivers license, you must pass a written test and road test to show you know traffic rules
Definition: Provide a System of Enforcement
If laws are not enforced, they have no meaning, so there must be some form of enforcement
Eg. If you break a traffic law such as speeding, you can be charged by the police and face consequences
Definition: Protect Rights and Freedoms
In our society, laws must uphold our rights and freedoms, and encourage the values of tolerance and respect we have in Canada. These rights can not be limited unless there is a valid legal reason
Eg: Your freedom of expression does not mean you can verbally disrespect or harass someone
Definition: Protect Society
Laws are designed to protect people from harm. Our society defines what is considered wrong and the punishments for breaking the law.
Eg. We have criminal laws that prevent you from carrying an unlicensed handgun or beating up your neighbor. We have civil laws that protect you from harm while working (labor and occupational safety laws)
Definition: Resolve Disputes
The law must function to settle disputes.
Eg. If you trespassed on someone’s property you could be sued based off the law.
Definition: Codification
The process of arranging and writing down laws
Why is Codification Important
Codification makes the law uniform, removing any inconsistences and making it clear, concise and thorough.
Definition: Rule of Law
The law applies to everyone equally
Everyone has the right to a fair trial
You are innocent proven guilty beyond reasonable doubt of the crown
Definition: Substantive Law
Laws that outline the rights and duties of a person
Divided into Public and Private Law
Definition: Procedural law
Legal processes that protect and enforce our rights
Definition: Public Law
Public laws dictate the relationship between people and the government.
Definition: Private Law
Private law dictates the legal relationship between private citizens and between people and organizations.
What are the five categories of Private Law
Tort Law
Family Law
Contract Law
Property Law
Labor and Employment Law
Definition: Tort Law
Tort Law: A person is held responsible for damage caused to another
Definition: Family law
Family Law: deals with the various relationships of family life
Definition: Property Law
Property Law: outlines relationship between individuals and property.
Definition: Contract law
Contract Law: outlines requirements for legally binding agreements.
Definition: Labor and Employment Laws
Labor and Employment Law: outlines relationship between employers and employees.
What are the 3 categories of Public Law
Criminal Law
Constitutional Law
Administrative Law
Definition: Criminal law
Criminal Law: outlines offenses against society and their punishments.
Definition: Constitutional Law
Constitutional Law: outlines the structure and powers of governments.
Definition; Administrative Law
Administrative Law: outlines the relationship between citizens and government agencies
Definition: Law of Precedent
A previous court decision that is considered an authority for deciding new cases involving identical or similar facts and legal issues
