Chapter Summaries

Topics: Common law, Law, Tort Pages: 37 (10101 words) Published: December 14, 2012
EDRD: Manual Summaries:


Basic Concepts

The Law: a command of the sovereign, each with its own set of rules from different sources and aims. * Sovereign is any independent body with the authority to regulate society and backed by coercive enforcement Underlying body of rules used by actors/institutions of the legal system, to regulate behavior of the state/citizens in pursuit if justice, through social control, social change, dispute resolution

Canadian law: product of evolution of influencing customs,traditions, and decistions of the past, and is in constant state of change with the advent of new technology, globalization, social movements, and increasing body of precedents

Canadian Law Categories:

1. Substantive laws: dictate the rights, duties and prohibitions of the state and its citizens. * Ex: free speech,duty of care, act of murder

2. Procedural laws: dictate how the substantive laws are to be used, administered, enforced and changed by the actors of the legal system * Ex: use of court evidence,jurt selection criteria, application of filling charges

Public Vs Private Law

3. Public Law: concerned with structure, duties and powers of the government, and relations btw the state and its citizens * Ex: constitution, administered law and criminal law

4. Private Law: relations btw citizens and governs issues * Ex: marriage, divorce, property

Criminal Vs Civil Law

5. Criminal law: consider a crime to be an act against the state (similar to public)outlined by the Criminal Code of Canada (CCC). Even if act is towards an individual. * Crimes seen as deserving as condemnation of society and are punishable by law with the state taking action against offender, through prosecution and punishment for the purpose of incapacitation, specific/general deterrence. * Violations of CCC needs proof of guilt- beyond reasonable doubt, includes men’s rea (evil intent) 6. Civil Law: act against an individual where the person in the wrong must assert individual rights for the purpose of compensation (awarding of damages).

7. Tort Law : public and private wrongs between individuals are called torts * Nuisance, negligence or intentional

| Substantive| Procedural| Civil| Criminal|
Public| Conduct of polling| Polling procedures| Government negligence| Tax evasion| Private| Assault| Support payments| Trespassing| murder|

Pursuit of Justice=primary objective of Canadian legal system * Fair and equal treatment for all- ensured by Canadian Charter of Rights and Freedoms * Delivered through the punishment of the convicted and compensation for victim, to correct balance of right over wrong Challenge for justice and courts

* Pluralistic democracy is that of judgments with respect to context of offence and the influence on that context on the measure of right and wrong * Must consider context and situation and consideration of normative principles

Legal Institutions

Legal institution: collection of many institutions that make legal system, which outline laws that govern society.

Canadian legal institutions: many institutions that have elements of our government and judicial systems,
Ex: legal traditions, legislation, regulations, policies
* In Canadian institutions; relationships btw instituitons, and power distribution within the social organization of the legal systems (legislative,administrative, judiciary, enforcement agencies ) is considered.

2 types of Legal systems that operate in Canadian Legal System

Common law system and civil law system: impact use of legal institutions within each 1. Common Law System

* Use of case law to establish legally binding precedents * Precedents: is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts....
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