Law and Everyday Life Lecture

Topics: Law, Common law, Statute Pages: 5 (708 words) Published: April 26, 2015
Class 2 Lecture : Law & Everyday Life: Legal Consciousness & Law as Narrative

Is Law and Justice the Same Thing?

When you think about the law and justice what images come to mind Blind lady justice who represents impartial justice. She cannot see whether those coming before her are rich or poor, powerful or weak, great or lowly. She only judges on the basis of truth.

Sword symbolize : to strike justice

Scale symbolize : It is a goddess and it sees none separately all are same in the house of Justice.

Blindfold symbolize : The Law

Why a women : It is from early civilization, represents the goddess, Athens

Law and justice might coincide
But it might not e.g : Crime of necessity

The judge might feel bad for her but she broke the law , which was wrong.

Moral Ambiguities and the Law

Is there always one just answer in a legal dispute?
Dobson vs. Dobson
Sue Rodriguez

If a child has not taken their first breathe, the fetus is not considered a person. This is due to the abortion law. You cannot change one law because if you do, you will have to change all the laws because, it is a chain reaction. Dubson's son came out broken. Sue Rodriquez wanted to commit suicide.

Outline of Canada's Court System
Needs to be memorized for exam

* Find the definitons for each in school work

Canadian Law : Substantive Law and Procedural Law
Need to memorize for exam

CANADIAN LAW
.--------------------'---------------------.
| |
Substantive Law Procedural Law
(Statute Law and (Rules)
Case Law)
|
.-----------------------------------------.
| |
Public Law Private or Civil Law
| |
.----------------------------. |
| | | |
Criminal Constitutional Administrative |
Law Law Law |
|
.---------------------------------------.
| | | | |
Family Contract Tort Property Labour
Law Law Law Law Law

Definitions:

Substantive Law - consists of all laws that set out the rights and obligations of persons. Procedural Law - outlines the steps and procedures involved in protecting and enforcing the rights given under Substantive Law, i.e. the rules of court, etc. Public Law – regulates the relationships between the state and individuals, or between states. Civil Law - regulates the personal relationships between two private parties. Criminal Law – state defined prohibitions with penalties

Constitutional Law - Laws establishing the make-up of government and the division of powers between federal and provincial governments. Administrative Law - governs the activities of administrative agencies of government. Family Law - deals with the relationships between individuals living together. Contract Law – covers disputes over legally binding agreements. Tort Law - deals with private wrongs committed against one another, e.g. injury caused by negligence. Property Law - deals with issues between individuals over land/renting Labour Law - deals with all relationships between employers and employees.

Law as a Technical Game:
Complex rules : players, function, procedure, questions and outcomes Lawyers : specialists trained in identifying and applying rules Lawyers : transform litigants' complaints into legal dispute Judge

Canadian Judicial Council (CJC)

Sentencing:
Consistency : Parliament passes Bill C - 41 to codify sentencing principles Proportionality : gravity of offence and degree of responsibility Trials as story
*...
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