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Canadian Law Mind Map Conclusion Terri-Ann Evans - Coggle Diagram
Canadian Law
Mind Map Conclusion
Terri-Ann Evans
Legal Rules and Laws
Hobbesian View
-Rules would improve life, and those not obeying would be punished.
Lockean View
Rules preserve and enhance the property and individual rights.
Natural Law
Rooted in moral values and religious beliefs, Judeo- Christian values. /Canada's Charter of Rights and Freedoms is an example.
Legal Realism
Judicial decisions are based on personality, reputation, and politics of judges.
Legal Positivism
Parliament makes the laws, they have the authority and therefore those laws are valid.
Divisions
Common law system
Decisions in previously decided cases provide the basis for legal rules.
Civil law system (Quebec)
A coherent, theoretically interrelated system of law.
Used in Quebec for private law.
Public Law
Deals with disputes between individuals and the 'state'.
Taxation law
Constitutional law
Criminal law
Administrative law
Private Law
Disputes between individuals.
Tort law
Property law
Corporate and commercial law
Family law
Estates, wills, and trusts
Procedural law
Process of the law - obligations and rules of conduct that regulate activity.
Substantive law
Concerned with legal rights.
Federal Government
(criminal courts)
Section 91 of the Constitution Act (1982)
banking, postal services, criminal law
Provincial Government
(civil courts)
Section 92 of the Constitution Act (1982)
hospitals, education, administration of justice, enforcement of criminal law
Ontario Court of Justice
Criminal
Most indictable offences
Family
Custody, support
Provincial Offences
Offences under Highway Traffic Act and other provincial statutes
Legal Rights
Section 8
- right to be secure against unreasonable search and seizure.
Section 9
- right to not be arbitrarily detained or imprisoned.
Section 10
- rights upon arrest or detention.
Section 11
- rights upon being charged with an offence.
Legal Profession in Ontario
Discipline lawyers and paralegals undergo to show understanding of the law and ethical codes.
Employment Law
Understanding one's rights as an employee and governing the relationship between employers and employees, to ensure that a significant advantage is not taken of either side.
Residential Landlord and Tenant Law
Defines the rights and responsibilities f both landlords and tenants.
Sets out the procedures when enforcing the rights and responsibilities.
Alternative Dispute Resolution
Private disputes without formal litigation.
Negotiation
-Less formal
Mediation
Parties with the help of a third party.
Arbitration
Third-party makes binding decisions.
Litigation
(Court)
Court decides.
Mandatory Arbitration
A process by which parties agree to have a third-party arbitration, instead of a jury or judge, resolve a dispute.