Textbook Notes (369,205)
Canada (162,462)
POLS 3130 (87)
Chapter 1

chapter 1 text summary

5 Pages
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Department
Political Science
Course Code
POLS 3130
Professor
Troy Riddell

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Description
Chapter 1 – Introduction to Politics, Law and Judicial Process Politics  Make decisions that distribute resources  Creating rules  How authoritative decisions are made  Focuses on 2 interrelated subjects 1. Process of making decision 2. Outcomes of decision making process  Public policy – „course of action or inaction chosen by public authorities to address a given problem/interrelated set of problems Law  Natural law – for law to be valid, has to be morally permissible, an unjust law ud no law at all - couldn‟t find agreement on what “moral” is  Positivists – what law is and what law ought to be, 4 characteristics 1. Law is body of rules 2. Enacted and applied by public officials 3. Enacted in legitimate manner 4. Backed by the force of the state Rule of law – case Roncarellui v. Duplessis page 6  Neo-classical natural law school – argues law should be evaluated as to whether or not it advances human good/prosperity Public and Private Law Public Law Private Law Constitutional law Rules that define the type Torts Rules that govern of government system “responsabilite under what (presidential/parliamentary) civile” circumstances a wrong and functioning of committed against the government, relationships person, property or between citizens or groups reputation of another and the state including either intentionally or rights and freedoms, in unintentionally, can federal systems define the result in injured party division of powers and obtaining remedy from jurisdiction between oaer at fault, specify national and regional what remedies are governments available Criminal law Rules that define what is Contract law Rules that define what criminal, what penalties us a legitimate binding are for violations of the agreement between criminal law and what two or more parties procedures are for and how such investigation crime and agreements can be conducting a trial enforced Administrative Provides legal standards Family law Rules that govern law ro govern the action of marriage abd divorce, governmental officials and rights and obligations remedies to those affected within a domestic by the failure of relationship, the rights government officials to and obligations upon follow legal standards the dissolution of a relationship Tax law Specialized subset of Property law Rules that are administrative law with concerned with rights rules governing the and obligations collection of revenue by attached to ownership the state from individuals and possession of real and business and personal property Systems of Law  Different legal systems in world characterized by difference in legal cultures and traditions  Common law – used in Great Britain, and many of its former colonies such as Canada, USA, Australia and India  In twelfth century England  Laws of England weren‟t contained in any one document but found mostly in decisions of judges of the Crown  Precedent  In common law countries much legislation has been passed that supplants common law made by judges ex. Criminal Code – contains substantive and procedural criminal laws  Civil law – most of Europe, Central and South America, many parts of Asia and Africa and areas of common law world (Quebec, Scotland, Louisiana)  Page 11  Built on premise that codes contain a concise, but comprehensive expression of rules governing relationships and disputes  Judges use deductive reasoning – resolve disputes but applying legal principles in codes to facts of the case before them  References are made to legal commentaries and treaties about codes but not how code was applied in past decisions  Religious law – middle east and some degree in south Asia  Important source of law for country/r
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