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Canadian Law - Coggle Diagram
Canadian Law
Employment Law
Why Have statues
Reasons for Statutes is that Statutes allow power imbalance between employer and employees, establish minimum acceptable terms of employment, and establish health and safety related rules
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Criminal Law
Actus Rea
Actus reus means evil act, Determining if the element of actus reus is present is usually straightforward, you either did the act or you didn’t
Manslaughter
Manslaughter is Involuntary, lacks mental intent (negligence/run red light). as for Voluntary, intent exists after adequate provocation (emotionally overcome – no cooling off period/heat of the moment/crime of passion). Sentence is liable to life in prison with no minimum or maximum time of ineligibility for parole
Mens Rea
Mens rea means an Evil Mind, proving mens rea, the intent, can be more challenging. There are different degrees of intent or knowledge, it must mean/intend to do the wrong and the wrongful results must be foreseeable. Knowing better, closing one’s mind to the consequences
Systems of Law in Canada
Common Law
Common law has general principles that are developed from problem solving specific cases, the general principle is applied to particular facts. Particular to general which is inductively
Procedural Law
Procedural Law is the process of the law, Process of the law is when the obligations and the rules of conduct that regulate activity on a daily basis
Civil Law
Civil law is more general in nature, its not developed as a narrow answer to a specific case, has general abstract statements, is general to particular which is deductively