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

Judeo-Christian influence (God) Morality: Right vs. Wrong behaviour

(As determined by society)

2. Historical Influences 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=oDALXORbtR4

3. Customs and conventions 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 These change over time and new

laws must address these changes. Tied to changing societal values

1. The Constitution 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)

Constitution is referred to as the Constitution Act of 1982(formally BNA Act)

2. Statute Law 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 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.

Substantive and Procedural Law Domestic and International Law Public and Private Law

Domestic Law 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 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 Identifies the rights and duties of a person

or level of government

Procedural Law Outlines the methods or procedures that

must be followed in enforcing substantive laws

Public Law 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 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 2.8 Categories of Law, p. 45◦Private law is divided into tort law, contract law, family law, wills and estates law, property law, and employment law.