CC100 Lecture Notes - Lecture 3: Criminal Law, Summary Offence, Provincial Superior
Document Summary
Criminal law/ penal law: violation of public order, prosecuted by the state ; through legislation, finding of guilt or innocence, burden of proof: beyond a reasonable doubt, results in criminal penalties (imprisonment, fines, etc. Civil law: infringement of contract or rights of another citizen, party who feels wronged brings a civil suit, burden of proof: balance of probability, results in an award of damages (e. g. , monetary compensation). The origins of criminal law: most of the criminal laws in canada (murder, robbery, assault, etc. ) were inherited from the english common law, england does not have a criminal code per se. It operates more on common: canada adopted its own criminal code in 1982, although it retained the law. power to create common law until the 1950"s. Code was consolidated: some legal decisions can become binding on lower courts but canadian judges are contracted by legislation (e. g. , via criminal code)/
