Chapter 2: Introduction to the Legal System
What is law?
Only good rules (natural law theorists)
Rules created by authority is law (legal positivists)
Only rules enforced by courts is law (legal realists)
Law is a body of rules made by government that can be enforced by COURTS
or OTHER GOVERNMENT AGENCIES
Labour relations boards count as government/regulatory agencies
Acting legally DOES NOT mean acting morally
Categories of Law
Primary types of law are substantive and procedural law.
1. Substantive Law
Establishes an individual’s societal rights and LIMITS their conduct
Right to travel, vote, own property, or harm others
What they can and cannot do
2. Procedural Law
Determines HOW substantive law will be enforced
Such as rules for arrest, investigation, pre-trial and court procedures
Two types of law function are public law and private law
1. Public Law
Includes Constitutional Law that determines how country is governed
and the laws affecting an individual’s relationship with government so
criminal law and regulations by government agencies.
2. Private Law