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Lecture 1

POLS 3130 Lecture 1: Pols3130-sept14

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Department
Political Science
Course
POLS 3130
Professor
Kate Puddister
Semester
Fall

Description
Pols 3130: Wednesday, September 14, 2016 Types of Law: Private Law Torts- rules that govern when a wrong is committed and the remedy available (personal injury lawyers) Contract- defines legitimate and binding agreements Family- rules that govern marriage, divorce and related obligations Property- rights and obligations attached to ownership of property (residential, real estate) Types of Law: Public Law Criminal- defines crimes, penalties if law is broken and the procedures of investigation and trials (how we introduce evidence, what type of evidence can we introduce). Also defines sentencing Administrative- rules that govern actions of government officials, includes sanctions if violated. Also includes organizations such as boards, tribunals commissions, (immigration boards,). Public Administration of government Tax- governs the collection of revenue by the state, also includes taxes that businesses pay Constitutional- defines the type and functions of government (what the gov is allowed to do and what its supposed to do). -includes the relationships between us and the state -division of powers and jurisdictions of governments (division of powers) -constitution supremacy- highest form of law, can’t violate the constitution Supreme law- constitutional law, division of powers, charter Public law- common law, legislation and/or judicial decisions Private law-common law, legislation and/or judicial decisions; civil Law-Quebec civil code Principles of the Canadian Constitution (Succession Reference 1998) (Case Brief) First principle of the constitution is federalism. Federalism is two orders of government, each with defined constitional powers (jurisdiction) Democracy: supremacy of the sovereign will of the people Constitionalism and the Rule of Law: rule of law=law is supreme over acts of government and private citizens, requires the creation and maintenance of order, relationship between individual and must
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