Monday, March 01, 1999

TYPES OF LAWS

Substantive Law -

Consists of all laws that set out the rights and obligations or duties of each person in society.

Procedural Law -

Outlines the steps & procedures involved in protecting and enforcing the rights given under substantive law

Public Law -

Regulates relationships between governments and society. It represents laws that apply to all individuals.

Criminal Law -

Is a series of rules passed by the federal Parliament that prohibit or prevent certain actions, such as murder,

Kidnapping, sexual assault, break and enter, theft and so on.

Criminal Code -

Where certain criminal acts and their punishments are described.

Crown Attorney -

Is a person who attempts to prove the charges, beyond a reasonable doubt, against accused.

Constitutional Law -

The laws that set out the structure of our federal government and outline the division of powers between the federal and provincial governments.

Private Law - (Civil Law) -

Outlines the personal private relationships between two persons or person and organization.

Family Law -

Deals with the relationships between individuals living together as spouses whether or not they are legally married and between parents and children.

Contract Law -

The requirement's for legally binding agreements that impose rights and responsibilities on the parties involved are outlined in Contract Law

Tort Law -

Deals with ones wrong, other than breach of contract that individual commit against another person.

Property Law -

Governs the relationship between individuals regarding such issues as the buying or renting of land or buildings, or the use of person property and its effect on neighboring lands.

Labor Law -

Refers to the body of law that affects relations between employers and employees.

Code of Hammurabi -

One of the most important and earliest records of laws we have written. Babylon (Iraq) 3800 years ago

Mosaic Law -

Is the set of the first five books of Old Testament

HISTORY OF LAW

Greek Law:

· Was more of a democratic process

· Free males were allowed to get involved in the law by voting on a person's guilt or innocence.

Roman Law:

· Romans were the first to classify many crimes as murder and theft as " crimes against state"

· Both poor and reach people had to answer to the law

· The Roman Empire grew very large so because there were so many laws the Romans began to use educated man to argue the law and persons behalf.

· They were the forerunners to today's lawyer

· Around 533 A.D Roman Emperor Justinian published all the Roman laws. It was called the Justinian Code

· It formatted the basis for law in many European countries (not Britain)

BRITISH LAW (FEUDAL SYSTEM)

KING - owed all the land in Britain he distributed the large pieces of land to Barons in return for money, food, supplies, soldiers etc.

BARONS - Broke his land into sections & distributed to Serfs.

SERFS - took care of their small pieces but were basically SLAVES of BARON or LORD

PUBLIC LAW:

· CRIMINAL LAW : R v. Jones

· ADMINISTRATIVE LAW: Smith v. Dept of.

· CONSTITUTIONAL LAW : Federal gov v. ______

PRIVATE LAW: Smith V. Jones

· CONTRACT LAW (legal agreements)

· TORT LAW ( private or civil wrong against another)

· FAMILY LAW (family relationships)