Chp 1 - Law - Its Purpose and History
Transcript of Chp 1 - Law - Its Purpose and History
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 1/27
90Law: Its Purpose and History
Chapter 1
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 2/27
90
What is Law?
Laws are essentially a set of rules, butthere are 3 main characteristics that
make laws different from simple rules:
1. Laws are a set of rules established and
enforced by government.
. Laws are mandatory.
3. Laws involve conse!uences.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 3/27
90
Functions of Law
Laws"
i# $stablish rules of conduct
ii# %rovide a system of enforcementiii# %rotect rights and freedoms
iv# %rotect society
v# &esolve 'isputes
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 4/27
90
Divisions of Law
(n )anada, the law is divided into two basictypes: substantive and procedural.
ubstantive Law: laws that outline a
person*s rights and responsibilities+ further divided into Public and Private Law.
Procedural Law: legal processes that
protect and enforce our rights.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 5/27
90
Public Law
here are 3 types of public law:
1! Cri"inal Law: outlines offences
against society and their punishments.
#! Constitutional Law: outlines the
structure and powers of governments.
$! %d"inistrative Law: outlines the
relationship between citi-ens andgovernment agencies.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 6/27
90
Private Law
lso known as Civil Law+ there are / types:
1! &ort Law: a person is held responsible fordamage caused to another+ tort is Latin fora wrong.
#! Fa"ily Law: deals with the variousrelationships of family life e.g. marriage#
$! Contract Law: outlines re!uirements forlegally binding agreements.
'! Property Law: outlines relationship betweenindividuals and property.
(! Labour Law: outlines relationship betweenemployers and employees.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 7/27
90
)arly History of Law
•
(n ancient societies, local customs andbeliefs made up the law.
• )ustoms were not written down and
instead were passed on by word of
mouth.
• s populations increased, laws became
more comple2 and codification became
necessary.• Codification: a written collection of laws.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 8/27
90
)volution of Law
•
)ode of ammurabi, c. 14/0 5)$: 6 7ne of the earliest records of written law.
6 8ing ammurabi of 5abylon codified nearly 300 laws
in columns of stone.
• osaic Law, c. 10 5)$:
6 5ased on the en )ommandments.
6 5ible states that oses received these laws from ;od
on two stone tablets.
• <ustinian )ode, c. //0 )$
6 5y-antine $mperor <ustinian codified 1000 years of&oman laws.
6 =irst legal code that emphasi-ed e*uality under the
law!
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 9/27
90
)volution of Law contd+
•
agna )arta, 11/: 6 $nglish noblemen forced 8ing <ohn to sign
this document that established the rule of
law , that all people, including the king, had
to obey the same laws+ no one was above thelaw.
• >apoleonic )ode, 1?0:
6 new set of civil laws for =rench people.
6 5ecame the model for most of $urope. 6 lso referred to as the =rench )ivil )ode.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 10/27
90
Feudalis"
•
(n 10@@, 8ing Ailliam of $nglandintroduced a feudal syste".
• Bnder this system, the king owned all ofthe land and divided most of it among his
lords or noble"en.• he Lords had their own servants, or
vassals.
• (f a vassal broke the law, their Lord could
punish them however they saw fit.• %unishments were inconsistent and
unfair.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 11/27
90
Co""on Law
•
8ing Ailliam appointed Cudges to travelthroughout $ngland and decide cases.
• )ases with similar facts were decided in
the same way.
• (f a Cudge issued a verdict in a new case,
that decision became the standard for
similar future cases D precedent.
•
he system of law based on past legaldecisions is known as co""on law or
case law.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 12/27
90
-ule of Law
•
his legal principle was recogni-ed in thesigning of the agna )arta of 11/.
• he rule of law states that the law
applies e!ually to all persons.
• he agna )arta also introduced the writ
of habeas corpus 6 a document that is
used to determine whether or not
someone is being legally detained.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 13/27
90
-i.hts / -evolutions
•
(n the 1?th
century, two significantrevolutions took place that contributed to
the development of human rights.
10 %"erican -evolution 122(
• B.E. broke away from 5ritish rule and
issued the Declaration of Independence
in 144@.
•
(n 1491, the U.S. Bill of Rights was addedto the merican )onstitution, which is still
their basis of civil rights and freedoms.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 14/27
90
-i.hts / -evolutions contd+
#0 French -evolution 1234• (nfluenced by the ideas of liberty and
equality in the merican &evolution, the
=rench rose up against their king to end
feudalis".• 5ational %sse"bly was set up with
members who were elected by citi-ens.
•
he concept of 6nation,states6 came outof these revolutions.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 15/27
90
7niversal Declaration of -i.hts
•
'uring Aorld Aar ((, numerous humanrights atrocities were committed.
• (n 19/, shortly after the war ended, the
United Nations (UN) was formed.
• UN o!!ission on "u!an Rights
produced a list of human rights and
freedoms for all people in the 7niversal
Declaration of Hu"an -i.hts 87DH-0.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 16/27
90
7DH- , )9cerpts
Eome of the rights in the Bniversal'eclaration of uman &ights:
6 ll human beings are born free and e!ual in
dignity and rights.
6 $veryone has the right to life, liberty, andsecurity of the person.
6 >o one shall be subCected to arbitrary arrest,
detention, or e2ile.
6 $veryone has the right to freedom of thought,conscience, and religion.
6 $veryone has the right to freedom of opinion
and e2pression.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 17/27
90
Canadian ill of -i.hts
•
(n 19@0, %rime inister <ohn'iefenbaker*s government passed the
anadian Bill of Rights.
• Eimilar to the UD"R , the Bill of Rights
codified many civil rights and freedomsthat had been established over many
years under co""on law in )anada.
•
=or the first time, )anadians had a list ofrights and freedoms to refer to.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 18/27
90
ill of -i.hts , )9cerpts
Eome of the rights in the Bill of Rights: 6 =reedom of religion, speech, assembly and
association, and the press.
6 he right not to be arbitrarily detained, imprisoned, or
e2iled.
6 he right not to receive cruel and unusual treatment orpunishment.
6 he right to be informed promptly of the reason for
arrest.
6 he right to be presumed innocent until proven guilty.
6 he right to a fair hearing.
6 he right to e!uality before the law and its protection.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 19/27
90
Constitutional Protection
•
Bill of Rights had two main limitations:1. (t only applied to federal matters.
. (t could be changed at any time by%arliament since it was a statute.
•
(n 19?, %rime inister %ierre rudeauintroduced the anadian harter ofRights and #reedo!s into the)onstitution.
•
5ecause the harter was a part of ourconstitution, it applied to every level ofgovernment and could only be changedif an a"endin. for"ula was followed.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 20/27
90
Canada;s Constitution , History
• )anada become an independent country from5ritain on <uly 1, 1?@4.
• 7ur first constitution was the British North $!erica (BN$) $ct , 1?@4.
• 5ritain still controlled our foreign affairs and we
needed their permission to change theconstitution.
• he Etatute of Aestminster, 1931, gave )anadacontrol of its own foreign affairs.
•
(n 19?, rudeau and the premiers e2cept forFuebec# patriated the constitution andintroduced the harter . his gave )anadacomplete control of our affairs as a nation.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 21/27
90
Division of Powers
•
he onstitution $ct% &'% e2plains thespecific powers that our levels of
government have as well as what they
are responsible for.
• 7ur levels of government are federal,provincial, and "unicipal which falls
under provincial in the constitution#.
•
ections 41 and 4# of the onstitution $ct provide each level of government with
<urisdiction D power and authority to
make laws and pass regulations.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 22/27
90
ection 41 = Federal Powers
•
%eace, order, and good government• )riminal law
• Bnemployment insurance
• 5anking, currency, and coinage
• =ederal penitentiaries
• arriage and divorce
• %ostal services
• boriginal peoples and lands
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 23/27
90
ection 4# = Provincial Powers
•
%roperty and civil rights• arriage ceremonies
• %olice forces and provincial courts
• ighways and roads
• %rovincial Cails
• ospitals
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 24/27
90
Federal Laws
•
=ederal bills, or laws, are passed by%arliament, which consists of 3 parts:1. ouse of )ommons
. Eenate
3. ;overnor ;eneral Fueen*s representative#
6 $ach ember of %arliament %# is
elected to represent 1 of 30? ridings or
electoral districts in )anada.
6 he political party that wins the mostseats forms the government and
passes laws.
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 25/27
90
Federal ranches
• here are 3 federal branches of government
that pass laws, interpret them, and ensure
they are carried out:
1. $2ecutive
G ;overnor ;eneral
G %rime inister
G )abinet
G )ivil Eervice
. Legislative
G ouse of )ommons
G Eenate
3. <udiciary
G <udges
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 26/27
90
How a ill eco"es Law
•
7verview of how a bill is passed into law: 6 =irst &eading
G 5ill is introduced
6 Eecond &eading
G 5ill is debated in ouse of )ommons 6 )ommittee Etage
G 5ill is studied, revised, or changed
6 hird &eading
G =urther debate on the amended billG Hote in the ouse of )ommons
6 Eenate similar process: 3 readings, vote#
6 &oyal ssent governor general signs bill into law#
7/25/2019 Chp 1 - Law - Its Purpose and History
http://slidepdf.com/reader/full/chp-1-law-its-purpose-and-history 27/27
90
Provincial / >unicipal Laws
Provincial• he process to pass provincial laws is similar to
federal laws.
6 'ifferences: no Eenate+ Fueen*s
representative at the provincial level is thelieutenantDgovernor who signs bills into law.
>unicipal
• unicipal laws are called bylaws.
• $lected councils mayor and city councillors#
debate and vote on bylaws. (f the vote passes,
the bylaw is enacted.