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Lecture Notes Oct 3

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Carleton University
LAWS 1000
Phillip Steiner

Lecture Notes – Reading Reflection 1 due October 10 (next week, in seminar) Legislature Democratic supremacy – laws are democratically enacted Law making power of the legislature  Lawyers often write out the laws (working for the politicians enabling the law) o Wouldn’t want just anyone writing the law o Legal experts need to draft the law properly  Brings more power to technical experts that isn’t necessarily seen in the over outlook  Law can be parogued – all bills and laws in the making become “dead” and are unlikely to be restarted o Acts as a ‘reset’ button o Can be used usefully – allow for government to collect bearings and have a clean slate to start anew o Can be abused – used to purposely stop a bill and law that is in progress \  The transgender bill (made it numerous times to be written, but government then parogued) Judiciary  When courts interpret laws over periods of time – politicians watch – Parliament uses the effectiveness/ineffectiveness of the laws and uses them for their own law making o Morgentaler – broke laws, but was acquitted, juror in a sense said that culturally people thought this crime was becoming outdated and unnecessary to uphold (will of the people)  Parliament saw this and in turn changed abortion laws to better reflect societies new cultural values and used the legal system to see this Division of Powers  Federal government passes criminal laws/code o The running of criminal code is a provincial matter (administration – apply the law to cases)  Majority of cases in criminal law are in provincial courts – if they are appealed to the Supreme Court it is then federal jurisdiction Public and Private Public Law – governs the relationship between individuals the state  The state and the people  Criminal Law – the states represents the victim o Tradition of breaching the King’s law (state) Private Law – governs relationships between individuals  Torts Torts as Opposed to Crimes Criminal Law:  Private – part of the state, brought forth regardless  Hold accountability, restitution, etc.  Burden of Proof – beyond a reasonable doubt o Must be as sure as possible that the person accused is guilty o Higher stakes – has stricter burden of proof, must have a stronger belief in quilt  Mens Rea – guilty mind o The knowledge of breaking the crime, as well as intent o Issue – transferability (doesn’t have to be fully linked to the act itself, just has to be a guilty mind of some sort)  Angry note to boss by breaking in car to leave it, accidentally shift gears and hit someone. Didn’t mean to hurt or injure anyone, however, you were aware of the law being broken)  Actus Reus – guilty act o Breaking the law, committing a crime  Functions (of Punishment) o Denunciation – message to society to that the act is unacceptable o Deterance (general/specific) – Prevent a crime from being committed again  General – aimed to prevent society at large (people consistently obtaining penalties for a specific action)  Specific – aimed to prevent an individual from committing a crime again (ie. Speeding ticket) o Incapacitation – Stop the individual from doing anything bad again (ie. Person in jail cannot commit crimes)  Temporary – but can be changed time to time for extreme cases (dangerous offender label) incapacitate the offender from ever committing a crime again  Death penalty  Can be costly  Contradicts Rehabilitation o Rehabilitation – trying to alter a personal behaviour in order to prevent them from recommitting crime  Corrections Canada  Psychological help, education, but limited o Reparation – repair broken relationships, fulfil the need for revenge  Direct financial – not often, but people get money for their loses (normally done through private law afterwards)  Justice done – people get closure o Responsibility – idealistic principle, tries to make people account for their actions Tort Law:  Public – doesn’t always require state interference  Sue for damages  Burden of Proof - balance of probability o All things equal, this person seems to be responsible o Easier to meet  Reasonable Person Test – what would a reasonable person do under these circumstances? o Continuously used principle by judges  Did they take precautions?  Would people in society act the same way? (if yes, then they are not at fault)  Intentional to
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