Transcript CLN4U: UNIT 1 LESSON 3

UNIT 1
(Chapter 2)
Primary Sources:
 Religion and Morality
 Historical Influences
 Customs and Conventions
 Social and Political Philosophy
Secondary Sources of Canadian Law
 The Constitution
 Statute Law
 Case Law
1. Religion and Morality
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Judeo-Christian influence (God)
Morality: Right vs. Wrong behaviour
(As determined by society)
2. Historical Influences
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Greeks (participation, jury)
Romans (written codes, lawyers)
Aboriginal (consensus, constitution)
British (case law, rule of law)
French (civil code)
https://www.youtube.com/watch?v=oDAL
XORbtR4
3. Customs and conventions
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Laws are supported by established
ways that society has of doing things.
These practices often find their way
into the laws.
4. Social and Political Philosophy
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These change over time and new laws
must address these changes.
Tied to changing societal values
1. The Constitution
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The supreme law of the land
body of law which deals with the
distribution and exercise of gov’t powers.
Overrides statute and case law
◦ Make sure all law consistent with the
Constitution.
◦ If a law violates the constitution it may be
thrown out by the courts. (Ex. Abortion law)
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Constitution is referred to as the
Constitution Act of 1982(formally BNA Act)
2. Statute Law
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Made by Federal and Provincial
legislatures
Gives lawmaking power to
democratically elected reps
refers to a law or act passed by
government. Statutes override common
law….if there is no statute then the
common law applies.
3. Case Law or Common Law
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Evolves through decisions by judges
The highest court to make a decision will
set a “precedent” that all similar cases
must follow.
Case Law can be changed by new Statute
Law, but both must defer to
Constitutional Law.
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Substantive and Procedural Law
Domestic and International Law
Public and Private Law
Domestic Law
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Applies within the boundaries of a nation
Can be enforced by the government and
interpreted by domestic court authority
In Canada, this process is carried out within
the democratic process
International Law
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Consists of agreements between nations,
often through an international body such as
the UN
Difficult for all countries to agree on these
laws
Even more difficult for these laws to be
enforced, due to political factors
Substantive Law
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Identifies the rights and duties of a person or
level of government
Procedural Law
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Outlines the methods or procedures that
must be followed in enforcing substantive
laws
Public Law
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Refers to those laws which apply to dealings
between individuals and the state
Includes branches of constitutional law,
administrative law, and criminal law
Private Law
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Refers to those laws that apply to dealings
between private individuals or organizations
Also referred to as “civil law”
Includes tort, property, contract, estate,
corporate, consumer and family law
Figure
2.8Categories of Law, p. 45
◦Private law is divided into tort law, contract law,
family law, wills and estates law, property law,
and employment law.