Categories of Law (Unit 1 Set 4)
Published on Oct 04, 2016
Making sense of where various aspects of law fit in.
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PRESENTATION OUTLINE
Categories of Law
David Dickinson
Different categories help to organize and clarify the broad complex bodies of law
Photo by Kasaa
International law
- Laws that deal with how nations interact.
- Laws created through custom.
- Use of treaties and conventions codifies these customs.
International Law:
Created through custom, treaties and conventions since there is no global law-making authority.
Custom: consistent practices that are accepted as law by the international community.
Treaty: A formally concluded and endorsed contract between countries.
Convention: A type of treaty between many countries. A global issue is discussed between many countries and a decision is reached regarding procedures and actions all members agree to follow to address the issue.
Nations that sign those treaties and conventions consider these as binding law.
Created through custom, treaties and conventions since there is no global law-making authority.
Custom: consistent practices that are accepted as law by the international community.
Treaty: A formally concluded and endorsed contract between countries.
Convention: A type of treaty between many countries. A global issue is discussed between many countries and a decision is reached regarding procedures and actions all members agree to follow to address the issue.
Nations that sign those treaties and conventions consider these as binding law.
Photo by hhesterr
Examples of Treaties
- Extradition
- Free-Trade
- Defense & Disarmament
- Human Rights
- Environment
Examples of Treaties:
Extradition Treaties:
Agreements to send people to other countries to be tried for crimes committed there.
Free-Trade Treaties:
Reduce or remove trade barriers
Defence & Disarmament Treaties:
Provide protection and military aid for member states. Disarmament treaties remove weapons from use that are considered particularly devastating. (Biological weapons)
Human Rights:
Treaties that protect the rights of individuals against the control or abuse by another party (Convention on The Rights of the child)
Environment:
Agreements made to primarily protect the environment from climate change.
Other treaties exist that govern ownership of the moon, space debris etc. The practicality of these treaties really does depend on enforcement.
Extradition Treaties:
Agreements to send people to other countries to be tried for crimes committed there.
Free-Trade Treaties:
Reduce or remove trade barriers
Defence & Disarmament Treaties:
Provide protection and military aid for member states. Disarmament treaties remove weapons from use that are considered particularly devastating. (Biological weapons)
Human Rights:
Treaties that protect the rights of individuals against the control or abuse by another party (Convention on The Rights of the child)
Environment:
Agreements made to primarily protect the environment from climate change.
Other treaties exist that govern ownership of the moon, space debris etc. The practicality of these treaties really does depend on enforcement.
Photo by Leo Reynolds
International Organizations
- The United Nations (UN)
- The International Court of Justice (ICJ)
- The International Criminal Court (ICC)
A number of organisations have international legal status.
International organisations can assist in law creation and help to settle disputes.
UN
An international organisation that aims at facilitating cooperation in international law, security, economic development, and social equity. There are 193 members of the UN General Assembly.
ICJ
Settles legal disputes submitted to it by member states and between individuals and their government. It also provides advisory opinions on legal questions referred to it by agencies of the UN.
ICC
Setup to try persons of serious crimes of international concern such as genocide, crimes against humanity, and war crimes. It is located in the Hague but it is not part of the UN. It is an independent court with 124 member states including Canada. The US, and other nations such as Iran, and Saudi Arabia, have not become members.
International organisations can assist in law creation and help to settle disputes.
UN
An international organisation that aims at facilitating cooperation in international law, security, economic development, and social equity. There are 193 members of the UN General Assembly.
ICJ
Settles legal disputes submitted to it by member states and between individuals and their government. It also provides advisory opinions on legal questions referred to it by agencies of the UN.
ICC
Setup to try persons of serious crimes of international concern such as genocide, crimes against humanity, and war crimes. It is located in the Hague but it is not part of the UN. It is an independent court with 124 member states including Canada. The US, and other nations such as Iran, and Saudi Arabia, have not become members.
Photo by assortedstuff
The Peace Palace
The Peace Palace is a building in the Hague (Netherlands)
it is often called the seat of international law because it houses the international court of justice which is the principal judicial body of the United Nations.
The Hague is the capital city of the province of South Holland (It is a province of the country called the Netherlands...Holland is not a country). The Hague is also where the government of the Netherlands exercises its authority from.
The ICC also operates out of Hague. In fact they are 11 minutes away from each other by car.
it is often called the seat of international law because it houses the international court of justice which is the principal judicial body of the United Nations.
The Hague is the capital city of the province of South Holland (It is a province of the country called the Netherlands...Holland is not a country). The Hague is also where the government of the Netherlands exercises its authority from.
The ICC also operates out of Hague. In fact they are 11 minutes away from each other by car.
Photo by aldeka_
The Problems with International Organizations
- Their power is limited.
- There is no international police force with the authority to enforce international law.
- How would it be granted its mandate if one did exist?
Individual countries have to agree to be bound by the terms of international law. If they don't agree they simply don't ratify the treaty.
By signing a treaty a country endorses its principles; ratification means committing to being legally bound by it.
By signing a treaty a country endorses its principles; ratification means committing to being legally bound by it.
Photo by Karen Roe
Untitled Slide
A nation’s lawmaking authority comes from the power to govern. Either from a monarchy or a constitution.
When you cross the border into another country you enter an independent nation with its own laws and legal processes.
It is quite possible for you to break a law in another country unintentionally because some nations laws are quite different.
Canadian law does not protect you when you travel outside of the country. There is not much Canada can do to help you.
Always check travel advisories before leaving the country:
https://travel.gc.ca/travelling/advisories
When you cross the border into another country you enter an independent nation with its own laws and legal processes.
It is quite possible for you to break a law in another country unintentionally because some nations laws are quite different.
Canadian law does not protect you when you travel outside of the country. There is not much Canada can do to help you.
Always check travel advisories before leaving the country:
https://travel.gc.ca/travelling/advisories
Domestic Law types
- Substantive Law:
- Defines the legal rights/duties of citizens and government. It is the content of the law.
- Procedural Law:
- Explains how substantive law will be enforced and ensures that people are treated fairly.
Examples of Substantive Law:
The right to own and protect property
The right to enter into a contract and seek remedies if it is broken.
When you are looking at the definition for “careless driving” in the highway act you are looking at substantive law
If you are accused of an offence, your lawyer will determine if your actions fell within the definition (meaning) of substantive law.
Examples of Procedural law:
evidence of a crime being collected correctly.
An arrest being completed lawfully.
Correct trial procedures being followed.
Procedural law prevents those with lawful authority acting arbitrarily.
The right to own and protect property
The right to enter into a contract and seek remedies if it is broken.
When you are looking at the definition for “careless driving” in the highway act you are looking at substantive law
If you are accused of an offence, your lawyer will determine if your actions fell within the definition (meaning) of substantive law.
Examples of Procedural law:
evidence of a crime being collected correctly.
An arrest being completed lawfully.
Correct trial procedures being followed.
Procedural law prevents those with lawful authority acting arbitrarily.
Photo by Malinkrop
Untitled Slide
Public law Includes constitutional law.
~How government power is distributed and exercised.
All public laws are subject to the Canadian Charter of rights and freedoms, a part of the Canadian Constitution.
~How government power is distributed and exercised.
All public laws are subject to the Canadian Charter of rights and freedoms, a part of the Canadian Constitution.
Public Law
- Administrative Law:
- Law related to the relationship carried out between people and the various government departments, boards and agencies.
- Criminal Law:
- Law intended to prohibit and punish behavior that harms others.
Administrative Law
The everyday lives of Canadians are most affected by this branch of law.
Victims of violent crimes seeking reparation for injuries or expenses.
Injured workers trying to get compensation.
Administrative law impacts upon those who get welfare or have access to medical services.
The Liquor control board, The labour board, WCB, Victim’s Compensation Board are all examples of administrative law.
Criminal Law
All crimes are in the Criminal Code of Canada and related statutes. It must be listed as a crime for it to be illegal.
Example:
Before 1993 a person could be stalked and the police could not do anything about it because it was not in the Criminal code.
Only the Crown Attorney can lay a criminal charge.
Crimes are considered not just against a specific citizen but society as a whole (hence the citation R v. accused.)
Although the provinces administer the criminal code, they cannon amend or make their own criminal code. Only the Federal Government can make these changes.
The everyday lives of Canadians are most affected by this branch of law.
Victims of violent crimes seeking reparation for injuries or expenses.
Injured workers trying to get compensation.
Administrative law impacts upon those who get welfare or have access to medical services.
The Liquor control board, The labour board, WCB, Victim’s Compensation Board are all examples of administrative law.
Criminal Law
All crimes are in the Criminal Code of Canada and related statutes. It must be listed as a crime for it to be illegal.
Example:
Before 1993 a person could be stalked and the police could not do anything about it because it was not in the Criminal code.
Only the Crown Attorney can lay a criminal charge.
Crimes are considered not just against a specific citizen but society as a whole (hence the citation R v. accused.)
Although the provinces administer the criminal code, they cannon amend or make their own criminal code. Only the Federal Government can make these changes.
Photo by rodmaia
Untitled Slide
Private law does not deal with relationships between individuals and the government but rather the relationship that exists between two or more parties.
The purpose of private law is to guide the conduct of individuals and to compensate those who have been harmed by the wrongful acts of others.
The purpose of private law is to guide the conduct of individuals and to compensate those who have been harmed by the wrongful acts of others.
Civil Law
- Tort Law
- Holds persons/organizations responsible for damage they cause to another person/party.
- Contract Law
- Law that governs arrangements/agreements between parties.
Tort law
The damage can be deliberate or accidental.
Examples of scenarios involving torts:
Someone gets food poisoning at a restaurant because it does not meet sanitary standards.
Someone slips on a wet floor in a store and breaks her hip and is now suing the store under tort law.
Contract law
You make a contract every time you purchase something (You agree to pay an amount to get something in return)
If one party fails to uphold their side of the bargain the other side may seek legal action.
The damage can be deliberate or accidental.
Examples of scenarios involving torts:
Someone gets food poisoning at a restaurant because it does not meet sanitary standards.
Someone slips on a wet floor in a store and breaks her hip and is now suing the store under tort law.
Contract law
You make a contract every time you purchase something (You agree to pay an amount to get something in return)
If one party fails to uphold their side of the bargain the other side may seek legal action.
Photo by fensterbme
Civil Law
- Family Law
- Deals with various aspects of family life such as marriage, Property division, divorce, and custody of children.
- Wills and Estates
- Estate laws deal with property distribution after death.
Family Law
The law recognises that parents are responsible for providing the necessities of life for their children and also those children have an obligation to their parents.
Estate Law
Estate lawyers make sure that their clients have legally binding wills that reflect how they want their property divided when they die.
Estate law resolves disputes if someone challenges the will.
Estate law also deals with situations when there is no will.
The law recognises that parents are responsible for providing the necessities of life for their children and also those children have an obligation to their parents.
Estate Law
Estate lawyers make sure that their clients have legally binding wills that reflect how they want their property divided when they die.
Estate law resolves disputes if someone challenges the will.
Estate law also deals with situations when there is no will.
Photo by blentley
Civil Law
- Property Law
- Regulates ownership rights in all property. This includes laws governing the transfer of property.
- Employment law
- This type of law governs the relations between employers and employees.
Property law
Most Canadian Laws dealing with property come from British case law.
Remember this is because of the travelling courts and judges in Britain. The main cases they originally heard were land right issues.
Most property laws are now statutes.
Employment Law
These laws balance the rights of the employee and the employer.
Both levels of government have laws that balance this.
Examples: Age you can start work, The hours that an employee works, the wage they receive, hiring and firing practices, protection from harassment and discrimination, safety rules in the workplace and how unions operate.
Most Canadian Laws dealing with property come from British case law.
Remember this is because of the travelling courts and judges in Britain. The main cases they originally heard were land right issues.
Most property laws are now statutes.
Employment Law
These laws balance the rights of the employee and the employer.
Both levels of government have laws that balance this.
Examples: Age you can start work, The hours that an employee works, the wage they receive, hiring and firing practices, protection from harassment and discrimination, safety rules in the workplace and how unions operate.
Photo by neetalparekh
