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Understanding the Categories of Law

Explore the comprehensive divisions of International Law and Domestic Law, covering substantive and procedural aspects, public and private law distinctions, and prominent legal categories like Tort, Contract, and Criminal Law.

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Understanding the Categories of Law

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  1. Categories of Law

  2. Categories of Law The broadest categories of law are International Law and Domestic Law

  3. International Law • Laws that govern the conduct of independent nations in their relationship with one another • There isn’t one global, law-making authority however there are international organization that can help settle international disputes. For instance, the UN set up the International Court of Justice

  4. Domestic Law • Law made and enforced within a nations borders

  5. Divisions of Domestic Law Domestic Law is divided into substantive and procedural law

  6. Substantive law • Law that defines the rights, duties, and obligations of citizens and government. • Your conduct is governed by substantive law • Is the content of the law • Examples include right to own and protect property, entering into contracts, and the rules of the road

  7. Procedural Law • Law that prescribes the methods of enforcing the rights and obligations of substantive law • Ensures that all citizens are treated fairly • Ensures that neither the police or courts act arbitrarily • Examples include proper procedures to gather evidence, requirements for lawful arrest, and trial procedures

  8. Divisions of Substantive Law Substantive Law is divided into Public and Private law

  9. Substantive Law Divisions • Regulates the relationship between government and its citizens • Subject to the Canadian Charter of Rights and Freedoms • More commonly known as Civil Law • Deals with legal relationships between individuals and organizations • Regulate conduct and compensate individuals who have been harmed by wrongful actions PUBLIC PRIVATE

  10. Public law: Three Types: ADMINISTRATIVE • Administrative Law – Law related to the relationship between people and government departments, boards, and agencies • Examples:  Liquor Control, Worker’s Compensation, Social Assistance, and Health and Safety CRIMINAL •Most exciting! •Prohibits and punishes behaviour that causes harm to others such as murder, robbery or assault •All crimes are described in the Criminal Code of Canada and related to federal statutes CONSTITUTIONAL • Body of law dealing with the distribution and exercise of government powers • Overrides all other laws • Limits the powers of government • Divides power between the federal government and the provinces • Courts interpret these laws to ensure all others are ‘constitutional’

  11. PRIVATE LAW: 6 Types • TORT LAW • CONTRACT LAW • FAMILY LAW • WILLS AND ESTATES • PROPERTY LAW • EMPLOYMENT LAW

  12. Tort Law • Branch of civil law that holds persons or private organizations responsible for damage they cause another person as a result of an accident or deliberate action • Onus is on the plaintiff to prove that the defendants actions caused the damage

  13. Contract & Family Law • Contract Law – Branch of civil law that provides rules regarding agreements between people and businesses • Family Law – Deals with various aspects of family life including marriage, property division upon separation, and child custody

  14. Estate & Property Law • Wills and Estates (Estate Law) – Deals with the division of property after death including if a person dies without having a will • Property Law – Governs ownership rights in property including the buying and selling of real estate

  15. Employment Law Employment Law – Governs employer / employee relations including minimum age a person can work, restrict the number of hour required to work, and specify minimum wages

  16. The Big Picture Categories of Law

  17. Scenario 1 A skier steals your snowboard (criminal law)

  18. Scenario 2 A parent pays you less for babysitting than the agreed-upon hourly rate (employment law)

  19. Scenario 3 Your parents buy a cottage and register a deed (Contract Law)

  20. Scenario 4 Your wages are below minimum specified by the provincial law (Employment Law)

  21. Scenario 5 You are arrested for drinking under age (Criminal Law)

  22. Scenario 6 Although you are underage, you want to get married (family law)

  23. Scenario 7 Your grandmother had promised you her engagement ring, but she failed to prepare a will before she died (estate law)

  24. Scenario 8 You purchased a DVD player that stopped working after one month (Contract law)

  25. Scenario 9 As a student, you feel you should not have to pay income tax (administrative law and constitutional Law)

  26. Scenario 10 At a noisy party, the police arrest you and refuse to tell you why (criminal law & constitutional law)

  27. Scenario 11 Even though you see the “No Trespassing” sign, you hop the fence for a swim in a privately owned pool (property law and criminal law)

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