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CRIM 135 (165)

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CRIM 135
Graeme Bowbrick

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  Possession = ownership unless someone can show greater proof of ownership Tort law: law of private wrongdoing (in contrast to public wrongs- more serious) - Most significant tort: negligence (car accidents) - Criminal laws focus on punishment, tort law focuses on compensation - Ex: If you take a gun and decide to show it off but accidentally hit someone  criminal negligence (really bad negligence) Public and private laws can overlap - OJ Simpson put on trial for murder, wife’s family put him on trial for wrongful death and won. (charged criminally and civilly, only won civil) - Drunk driving: serious vehicle damage and to driver (impaired driving and possibly impaired driving causing bodily harm, sued by other driver for tort of negligence, pay for repair for car and other person) o Criminal and tort law consequence Legislation Law made by elected representatives > laws made by judges Primary legislation: comes in form of statute - Power to make legislation comes from the constitution (starting point), most basic/fundamental law there is, where all legal power resides, flows from there o Allocates legislative power to legislatures (11 in Canada- 10 provincial legislatures and the federal legislature (parliament in Ottawa))  Can delegate powers to others o Divides according to jurisdiction o Provincial and federal o All 10 have the same power, exercised within their provinces o Federal: for the whole country - Criminal law, foreign affairs: federal legislative authority - Health care, education: provincial - Legislatures can make any law they want as long as it conforms to the constitution (only limit to their power) The political process: The Political and Legislative Process: A Brief Overview 1. The Political Process (a) Elections  Every 5 years max. (now 4 years in BC by law)  Candidates seek election to one of 87 seats in the Legislative Assembly (legislature)  There is one seat in the legislature for each of 87 electoral districts around the province  Almost all candidates run for office as part of a political party  To win, a candidate needs only to get more votes than any of the other candidates -- “first past the post” (not a majority of votes) (b) After the Election – Forming a Government  The 87 winning candidates are sworn into office as Members of t
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