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Lecture 3

LAWS 1000 Lecture Notes - Lecture 3: Unemployment Benefits, Equal Protection Clause, Socialist Law


Department
Law
Course Code
LAWS 1000
Professor
Ozsu Faik
Lecture
3

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Law 1000 – Lecture – Sept 23rd
Basic distinctions in law: (pg. 10 & 11 in Vago and Nelson)
1. The distinction between substantive and procedural law:
- Substantive =
-the official law, what’s written down, etc.
-Rights and duties, entitlements and obligations
-The rights you have
-The rules
-this sustains the procedural law
- Procedural =
-the process of the legal system
-The way law actually gets administered on the ground
-the procedures taken etc.
-How they go about trying, prosecuting, etc. in a court of law
-The mechanics of the administration of justice
- “the basic rules of the game”
-The proper procedures to take
2. The distinction between private and public law:
- Private law =
-has to do with the relations that are governed by law between private people/parties
-The legal rules and standard that structure these relations
-the law of contracts, property and torts (torts = instances of nuisance and negligence)
- Public law =
-has to do with the relations that are governed by law between the state/authority and
somebody
-The legal rules and standard that structure these relations
-Contracts, property, and torts (not the only things, but the roots)
-tax laws, criminal laws, constitutional law, tax law, family law, etc.
- Hard to distinguish, they bleed into each other in some cases
3. The distinctions between case law, statutory law, constitutional law, administrative
law and royal prerogative:
1. Case law
- Accumulation of cases and judgements (especially by higher law)
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2. Statutory law
- (statute = a piece of legislation like an act or code)
- Various pieces of legislations that compromise a distinct source of law
3. Constitutional law:
- 2 basic/foundational Canadian documents
- constitution act 1867
- constitution act 1982 (charter of rights and freedoms in here)
- Charter of rights and freedoms = our contemporary bill of rights
- A branch of public law
- These cannot be violated (some cases are exceptions but it’s rare)
- Canadian constitution = not one document, it is comprised of many documents
(because Canada was a British colony)
Statute = any act or law that’s adopted by any legislation
4. Administrative law:
- Human rights commissions
- Immigration and refugee board of Canada
- Ex: a refugee wants to be recognized – doesn’t go to court (their documents, story,
credibility etc. are investigated by a board, not a court of law)
- Many different administrated tribunes (ex: human rights commissions)
- Royal prerogative = about how Canada was a British colony for a long time
(The discretionary authority that the governor general has as a representative of the
crown (crown = the state “in all its majesty”))
ex: formal declarations of war (but generally in practice, the effective power is
wielded by the federal and provincial authorities)
4. The distinction between the civil law tradition and the common law tradition:
(in reality, these all overlap and can’t really be mapped out this simply, none are pure)
1. Indigenous law
- The law that comprises the traditions of metis, Inuit and aboriginal people
- Often rooted in oral and written traditions
- Oral traditions = things handed down from generation to generation
- These document the entire history of the time and claim to land, etc.
- Constitutionally recognized aboriginal rights and freedoms (sec. 35 of Canadian
charter)
- The duty that the crown/state has to negotiate with these groups if/when their rights
are infracted upon
- Treaties
- Some treaties are widely regarded by authorities to be of dubious character (not right,
these need to be taken seriously)
- Treaties and traditions compromise aboriginal law
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