But it might not e. g Crime of necessity The judge might feel bad for her but she broke the law , which was wrong. Moral Ambiguities and the Law Is there always one just answer in a legal dispute? Dobson vs. Dobson Sue Rodriguez If a child has not taken their first breathe, the fetus is not considered a person. This is due to the abortion law. You cannot change one law because if you do, you will have to change all the laws because, it is a chain reaction. Dubson’s son came out broken. Sue Rodriquez wanted to commit suicide. Outline of Canada’s Court System Needs to be memorized for exam * Find the definitons for each in school work
Canadian Law : Substantive Law and Procedural Law Need to memorize for exam CANADIAN LAW Substantive Law (Statute Law and Case Law) Public Law Procedural Law (Rules) Private or Civil Law Criminal Constitutional Administrative Law Family Contract Tort Property Labour Law Law Law Law Law Definitions: Substantive Law – consists of all laws that set out the rights and obligations of persons. Procedural Law – outlines the steps and procedures involved in protecting and enforcing the rights given under Substantive Law, i. e. the rules of court, etc. Public Law – regulates the relationships between the state and ndividuals, or between states.
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Civil Law – regulates the personal relationships between two private parties. Criminal Law – state defined prohibitions with penalties Constitutional Law – Laws establishing the make-up of government and the division of powers between federal and provincial governments. Administrative Law – governs the activities of administrative agencies of government. Family Law – deals with the relationships between individuals living together. Contract Law – covers disputes over legally binding agreements. Tort Law – deals with private wrongs committed against one another, e. g. njury caused by negligence.
Property Law – deals with issues between individuals over land/renting Labour Law – deals with all relationships between employers and employees. Law as a Technical Game: Complex rules : players, function, procedure, questions and outcomes Lawyers : specialists trained in identifying and applying rules Lanyers : transform litigants’ complaints into legal dispute Judge Canadian Judicial Council (CJC) Sentencing: Consistency : Parliament passes Bill C – 41 to codify sentencing principles Proportionality : gravity of offence and degree of responsibility Trials as story * Judges do not make laws
The Law of Everyday Life: So far we have been looking at formal legal structures. But how is law experienced in day to day life? Legal consciousness: Understanding and meaning of law in the society. It refers to what people do as well as say about the law. It is the sum ofviews and ideas expressing the attitude of people towards the law, legality, and justice and their concept of what is lawful and unlawful. How do people know what’s legal and illegal, not having studied the law? Doxa Set Of unexamined beliefs that Structure our understanding Of everyday happening How are things supposed to happen? What/who is reasonable ?
Stories are told in anticipation of the end. For example, if you beat your wife last week. A week after she dies, the police will assume you did it and come to you first. Practice of Law – Law as Naratology: Just as everyday experience of law is different from formal textbook law, so too is the practice of law more than textbook law. In the practice of law what goes on in the courtroom is the telling of stories and it matters what kind of stories you tell. Different narratives can evoke different prejudices, Eg, Oj Simpson. * Why do we staple our assignments ? So that the teacher knows you are organized.