lawyer

SUBSTANTIVE  LAW:

Consists of laws that list the rights and obligations of each person in society.

PROCEDURAL LAW:

Is the process of the law; outlines the steps in involved in protecting the rights given under substantive law.

Controls the relationship between the governments and the people who live in society.  Main types:  criminal, constitutional, and administrative law.

CRIMINAL LAW:

• Set of rules passed by Parliament
• Rules define acts called “crimes” that are offences against society
• Penalties are set for committing crimes
• Most criminal laws are in the Criminal Code
• Examples of criminal laws: The Youth Criminal Justice Act, The Controlled Drugs and Substances Act
• Purpose: to punish offenders and protect citizens

CONSTITUTIONAL LAW:

• Laws divided amongst the three levels of government: municipal, provincial, and federal

• The laws that controls the relationship between citizens and government agencies: LCBO, CRTC.

PRIVATE LAW (Civil Law):

• Outlines the legal relationships between private citizens and citizens and companies.
• Purpose: to manage disputes with citizens and organazations and to award damages to those who have been wronged

• Deals with relationships between individuals living together (spouses or partners) and between parents and children.

EX:  same-sex couples, common-law, child support, divorce or separation, custody, separation of assets.

CONTRACT LAW:

• Outlines requirements for legally binding agreements.  There are responsibilities that both parties must adhere to.

• Deals with wrongs, other than a breach of contract, that one person commits against another person. EX: malpractice suits

• Set of legal rules that controls the use, enjoyment, and rental of property.

• Governs the relationships between employers and employees.
• EX: minimum wage, proper dismissal, working conditions

Some Useful Terms

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CROWN ATTORNEY:

• Society is represented by the Crown in criminal cases
• Tries to prove charges against the accused person beyond a reasonable doubt

• Person(s) that are accused of committing or participating in a crime
• Is called the “Defendant” in criminal court

• Civil law proceeding.
• Person(s) who start the action or the lawsuit.  The Defendant(s) are those being sued.

• A legal decision that serves as an example for future similar cases
• The ideas is that similar facts result in similar decisions

EX:  Mark Hall case

• The act of “making good.”  EX: returning a stolen item or compensating in another way-$