Types of Law

Sources of Law

• Constitution (Constitutional Law)– Legal framework outlining the operation of the

government• Statute Law

– Law created by legislatures (Parliament)• Common Law

– Law created by judges decisions

Major Divisions

• Substantive Law– Rules of behaviour

dictated by the law– Tells us when the law

has been broken

• Procedural Law– The “how to” of the law– Rules for legal

procedures (how to arrest, how to conduct a trial, how the accused are to be treated…)

Major Divisions• Public Law

Law that regulates the relationship between the state and the individual (or how the state relates to itself)

– Criminal– Administrative– Constitutional

• Private Law (Civil Law)Law that involves disputes

between individuals or private entities such as corporations

– Family– Contract– Labour– Property– Tort

When is it a crime?

• The Criminal Code of Canada regulates behaviours that are deemed serious enough to be of concern to our society as a whole.

• Therefore, a murder or theft is not considered an action against an individual but rather is an offence against all Canadians.

• The individual (victim) may also seek restitution in civil court

Exam Question Here!

• CRIMINAL LAW• Brought by Crown (on

behalf of society)• R. v. Jones• Protect society• Punish (jail, fine…)• Police enforce• Beyond a reasonable

doubt

• CIVIL LAW• Brought by Plaintiff

(individual or group)• Smith v. Jones• Settle disputes• Settlement (damages)• Individual enforces• Balance of

probabilities

Why Common Law?• Provides consistency in the law• Provides clarification for statute law• Example “No person shall loiter on the street at

night.” • Some terms in this law require clarification

– Does “person” only refer to people who are legally responsible for their actions? Kids?

– “ Loiter” when exactly is someone loitering?– What does the term “street” include? Sidewalk, park…– When does “night” begin and end