Sources of law

-The constitution

-statues (fed and prov)

Fed or pro regulations

Decisions of judges

International law

1 The constitution

-Supreme law (all other laws must conform to it)

-prescribe power given to other states

-broad statements

-includes cons. Act of 1867

And Canada act of 1982- constitutional act of 1982, charter of rights and freedoms. aboriginal rights

2. fed or pro statues

-broad rules passed by elected bodies

-acted in advances of future events

-Canada is fed statue, thus power to make laws given to federal and provincial government

Fed- trade, national defense, criminal, post service, current

Provincial- education, property civil right, hospitals, municipalities

3. Federal and provincial regulations

-subordinate legislation

-rules thats describe statutory statements

Passed by governor in council

Flexible

4.decisions of judges

-aka common law or case law

Common law- law made by judges, not statutes

Case law- apply statues to resolves disputes

5. international law

-international law- regulates conduct between states

Domestic- regulates conduct between individuals within states

-types of international law

Treaties

Customary international law- unwritten, widespread, sense to follow (i.e. diplomat immunity)

Divisions of Law

-Procedural v substantive

Public v private

Civil vs criminal

Common vs civil

Procedural v substantive

-substantive- rights of individuals

-procedural how rights enforced

Public v private

-public- relationship between individual and society

Private- between individual corporations and entities

Types of public law

-criminal, constitutional, administrative, international law

Types of private law

-torts (wrongs of individual to another (civil wrongs) i.e injury, negligence)

-Contracts- expectations of agreements

-Property (real v personal property (i.e goods and interests patens copyrights)

Civil v Criminal

Civil- private individual/entity Vs private individual/entity (smith v Jones (Defendant))

Criminal- crown v private individual/entity (R v Jone (accused))

Common law v Civil Law

-common law- based on decisions of judges, based on system of rules based on precedents, system of
rules for similar cases, not found in code or legislation

-Civil- found in single book, civil code- Quebec uses civil law for private and common for public

Multiple meanings of civil and common law

-Civil law- refers to legal system based on civil code or another way to refer to private law between
citizens

-common law- system of law from England in contrast to civil law, or sources of law (rules created by
judges) or court of law (in contrast to court of equity)