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CRIM 135 (159)

Topic #2 - The Division and Sources of Law

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Simon Fraser University
CRIM 135
Graeme Bowbrick

TOPIC #2- THE DIVISIONS AND SOURCES OF LAW Topic #2a – The Divisions of Law I. The Divisions of Law Introduction How we can categorize law 1. Positive Law  laws made through valid legal process (A) International Law Positive law that does 2 basic things  Governs relations between countries o ie. treaties  Sets standards of conduct which both countries and individuals are expected to meet at the international level (B) Domestic Law  Positive law governing matters within a country  Domestic Law of Canada: (a) Procedural Law  Law which governs legal procedures we follow  2 basic types 1. Criminal procedures: sets out criminal procedure process (from trial to sentencing etc.) 2. Civil procedures: every other legal matter (suing, legal disputes) (b) Substantive Law  that sets out our rights and responsibilities  i.e., if divorcing, how much of the house am I going to get? (substantive law). How do I go about to getting that (procedural law)  i.e., is smoking weed illegal? (substantive law) what happens if I get caught (procedural)  Substantive Law (a) Public Law : public interest; issues that concern society at large (i) Constitutional Law  sets up frame work for political (democracy) and legal system  promote and protect certain core values (rights) (ii) Criminal Law  Prohibits serious and damaging behavior towards people and property  Physical security,, security of property (don’t get killed or assaulted; things don’t get stolen) (iii) Administrative Law  Regulates behavior of government and its agency  Requires government to behave fairly towards citizen, to act within the law  Government’s actions must be authorized (iv) Taxation Law  Authorizes taxing  Government can’t arbitrary tax people (b) Private Law : private interest ; Confined to the interest to the individuals directly involved (i) Contract Law  Contract: when agreement is legally binded involving an exchange of value 1. There must be an exchange of values 2. Contract can only be entered into by people with legal capacity to enter a contract (age, mental ability) (ii) Tort Law  Private wrong doings (negligence, ie: not paying attention while driving)  Criminal law focuses on more serious wrong doings, focuses on punishment  Focuses on compensation- compensate the person you wronged for anything you’ve done to them  Can have overlap with criminal law o Eg drunk driving – crash into another vehicle and other driver – be charged with bodily harm (criminally) – also sue by tort of negligence (tort), need to compensate person and vehicle (iii) Property Law  Gives legal cognition to our right of property - if u own it, the law recognizes your ownership o Real property: land and building upon land o Personal property: everything else you own  Formal structured approach - eg Land Title Registry System – keep track of title to land, and registr
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