EDRD 2650 Lecture Notes - Lecture 8: Actus Reus, Regulatory Offence, Social Control
Document Summary
Unit 5: tort law and criminal law in an environmental context. In contrast, statutory offences are deemed to be offences against the state, who then initiates judicial proceedings against the defendant (the criminal code of canada. [ccc] contains crimes that are all treated as offences against the state). Common law and statutory law are not mutually exclusive. They can occur at the same time if an action results in harm to both the state and an individual. In this case, the state will advance a state action suit to prosecute for the breach of statute, and an individual could advance a civil action suit for damages to his/her property. Section 2: common law offenses and the law of torts: In tort law, the outcome is determined by what is considered to be the common decency of society according to the judiciary.