UNIT 1:
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:
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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 …show more content…
The Concept of Property * Property law provides the underlying basis for land use planning
Who Owns the