SUBSTANTIVE  LAW:

Consists of laws that list the rights and obligations of each person in society.

PROCEDURAL LAW:

Is the process of the law; outlines the steps in involved in protecting the rights given under substantive law.

PUBLIC LAW:

Controls the relationship between the governments and the people who live in society.  Main types:  criminal, constitutional, and administrative law.

CRIMINAL LAW:

  • Set of rules passed by Parliament
  • Rules define acts called “crimes” that are offences against society
  • Penalties are set for committing crimes
  • Most criminal laws are in the Criminal Code
  • Examples of criminal laws: The Youth Criminal Justice Act, The Controlled Drugs and Substances Act
  • Purpose: to punish offenders and protect citizens

CONSTITUTIONAL LAW:

  • Laws divided amongst the three levels of government: municipal, provincial, and federal

ADMINISTRATIVE LAW:

  • The laws that controls the relationship between citizens and government agencies: LCBO, CRTC.

PRIVATE LAW (Civil Law):

  • Outlines the legal relationships between private citizens and citizens and companies.
  • Purpose: to manage disputes with citizens and organazations and to award damages to those who have been wronged

FAMILY LAW:

  • Deals with relationships between individuals living together (spouses or partners) and between parents and children.

EX:  same-sex couples, common-law, child support, divorce or separation, custody, separation of assets.

CONTRACT LAW:

  • Outlines requirements for legally binding agreements.  There are responsibilities that both parties must adhere to.

TORT LAW:

  • Deals with wrongs, other than a breach of contract, that one person commits against another person. EX: malpractice suits

PROPERTY:

  • Set of legal rules that controls the use, enjoyment, and rental of property.

LABOUR LAW:

  • Governs the relationships between employers and employees.
  • EX: minimum wage, proper dismissal, working conditions…

Some Useful Terms

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CROWN ATTORNEY:

  • Society is represented by the Crown in criminal cases
  • Tries to prove charges against the accused person beyond a reasonable doubt

ACCUSED:

  • Person(s) that are accused of committing or participating in a crime
  • Is called the “Defendant” in criminal court

PLAINTIFF:

  • Civil law proceeding.
  • Person(s) who start the action or the lawsuit.  The Defendant(s) are those being sued.

PRECEDENT:

  • A legal decision that serves as an example for future similar cases
  • The ideas is that similar facts result in similar decisions

EX:  Mark Hall case

RESTITUTION:

  • The act of “making good.”  EX: returning a stolen item or compensating in another way-$

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