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CRIM 135 Lecture Notes - Criminal Negligence, O. J. Simpson, Beck

Course Code
CRIM 135
Graeme Bowbrick

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Positive law international law and domestic law
Domestic law substantive and procedural
Substantive public and private
Public constitutional criminal administrative taxation
Procedural laws: law that governs legal processes
- 2 types
o Criminal procedure: sets out criminal justice process (when they’re arrested/detained, into trial,
sentencing, appeal)
o Civil procedure: everything else (suing someone etc)
Substantive laws: Rights and responsibilities under the law
Public law: involves a public interest (issues that broadly speaking, concerns society at large)
Private law: involves a predominately private interest
Public Law
Constitutional law: constitution sets up framework for political/legal system (how democracy operates)
- It also promotes/protects core values (freedom of expression, equality, right to free trial)
- Public because we want a clearly defined system for our legal processes etc
Criminal law: law which prohibits the most serious/damaging behaviour towards people and property
- Give us a sense of physical security, and sense of security for our property (will be protected against
others coming and taking/damaging it)
- Fundamentally how does it work? Call the police, which is paid for by everyone through taxes (pay for
crown prosecutors etc too)
- With crime, everyone backs up the victim
Administrative law: going to be the most relevant area of law to you (usually)
- Regulates behaviour of government and its agencies (requires government to behave fairly towards
citizens when it does anything in relation to them (citizens)), requires them to act within the law
o Ex: pass all requirements for your N, go to ICBC and they say “no, I’m not giving it to you because
I don’t like you” – can’t do that because of administrative law
Taxation law: has to be a law authorizing each tax (income tax act, some sort of sales tax act)
- Public interest is in all the things we get for our taxes
Private Law
Contract law: about agreements that are legally binding
- Exchange of value makes it legally binding (and a contract)
o Ex: job: labor for money
- Can only be entered into by people with legal capacity to enter the contract (19+, mental capacity)
- Phones: have a contract with Rogers, give them money and loyalty for 3 years in return for a certain level
of service and a discount on the phone. If you stop paying your bills, the rest of us don’t really care about
your dispute with Rogers (private interest)
Property law: gives legal recognition to our right to property (if you own it, the law recognizes your ownership of
the property- if the law doesn’t do that, someone could claim your house as theirs)
- 2 types of property
o Real property: land and the buildings upon land
Land title registry system keeps track of title to land all over the province and ownership
(formal regulation system)
o Personal property: everything else (pen, laptop, clothes, car etc)
Present proof of ownership to judge- not as formal regulation
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