The Judicial System Judicial Branch of Government

Role of Courts in Canada Basic role of courts: help people resolve disputes

fairly and with justice Courts

interpret and establish law set standards raise social questions

Court decisions provide: guidance on what is acceptable conduct

HOW THE COURTS ARE ORGANIZED

SOURCES OF CANADIAN LAW Canadian law has its basis

in:1. French civil law 2. English common law and statutory law

French Civil Law system of law reflecting Roman logic

and organization is still in use in Quebec today (Code

Civil du Quebec)

SOURCES OF CANADIAN LAWBRITISH COMMON LAW is:

based on past decisionsa system of rules based on

"precedent"unique in the worldflexible and adaptable to changing

circumstances sometimes called "Case Law”

SOURCES OF CANADIAN LAWSTATUTE LAW is based on rules or laws passed by

government laws created by government are called

Statutes, or legislation, or Acts

The Legal Pyramid

TYPES OF LAW

Public Law - deals with matters that affect society as a whole

relationships between the citizen and the state

Criminal – when a citizen commits an act prohibited the state that deserves punishment

Constitutional – outlines the rules, powers and procedures of the state

Administrative – concerned with conflicts between state agencies and citizens

TYPES OF LAWPrivate Law - deals with the relationships

between individuals within society

Contracts – to ensure individuals uphold agreements they make

Torts (Civil Law) – to ensure individuals compensate others when they cause injury/damage

Family Law – to ensure legal obligations within families are maintained

AssignmentImportant Terms –explain each of the

following terms in your own words:Charter of Rights and FreedomsPresumption of InnocenceBurden of ProofHabeas CorpusEqualityWarrantSelf IncriminationTextbook – complete the Reflect questions

on page 136