Card Set Information
What is law?
a body of rules that regulates the conducts of members of society & is recognized & enforced by the gov't
Explain why rules of private club & moral values not part of law.
-not officially recognized by the gov't as laws applying to all members of society
-violation does not involve a penalty or other legal consequence imposed by the gov't
What is the functions of law?
tells us what our rights, privileges, obligations, determeins structure of gov't, assigns duties & powers to various brances, tells us how & by whom the laws are made
Provide how a statute creates federal gov't
a law making law is the Constitution Act 1867 Formerly known as B.N.A. Act 1867
What authority does Constitution give?
make law on various subjects between the federal parliament and provincial legistlatures
Provide and explain 2 classes of law
public-constitutional law, criminal law, and administrative law
private-contract law, property law and tort law
What is substantive and procedural law?
substantive law-describes our right and duties
procedural law-how substantive law is enforced
Examples of substantive law
criminal law-prohibits certain forms of conduct from which society has a right to be protected
Examples of procedural law
-whether the accused has a jury trial or not
-rules must be followed when an arrest is made
Statute law is also...
legistlative law, between federal parliament and provincial legislatures.
What is Supremacy of Parliament Rule?
statute law always (with 1 exception) has priority over case law= conflict between a court decidsion and statue, statute will over rule court decisions.
The 1 exception?
relates to cases where the Charter of Rights and Freedoms applies
Pupose of statute law?
codify the case law=principles of law that are contained in a number of of cases are put into one statute
clarify an area that is left unclear by case law
modern topics that have never been dealt with in case law
Who interprets law?
judges-law making function
Why statutes need interpreting?
contain general rules, ?'s on how general rules apply to specific situations
statute seems straight forward but may interpret another meaning