COMM231 Lecture Notes - Lecture 1: Public Law, Procedural Law, Absolute Liability
Document Summary
Law provides many basic freedoms: does limit you to a certain extent. Lawless is unstructured for business, people not necessarily going to respect contracts. Substantive law: the part of law that creates, defines, and regulates rights, including for example the law of contracts, torts, wills, and real property; the essential substance of rights under law. Procedural law: the legal mechanics/ the steps to be taken in enforcing legal rights. Public law vs private law: public law is relationship with government. Ex criminal law, tax law, immigration: private between each other and corporations. Civil vs criminal law: civil law: can have different meaning indifferent context. Regulator offense: when you break legislation/regulation, burden on crown to prove, absolute liability: there are no defences (very rare, with regulatory offences the burden can shift, some offences can. Origins of canadian law: english common law: all the case law, judge made law, form the common law as well as govt legislation.