Canadian Law
Mind Map Conclusion
Terri-Ann Evans

Legal Rules and Laws

Hobbesian View

Lockean View

-Rules would improve life, and those not obeying would be punished.

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

Ontario Court of Justice
Criminal

  • Most indictable offences
    Family
  • Custody, support
    Provincial Offences
  • Offences under Highway Traffic Act and other provincial statutes

Provincial Government
(civil courts)

  • Section 92 of the Constitution Act (1982)
  • hospitals, education, administration of justice, enforcement of criminal law

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.

Mandatory Arbitration

  • A process by which parties agree to have a third-party arbitration, instead of a jury or judge, resolve a dispute.

Negotiation
-Less formal


Mediation

  • Parties with the help of a third party.

Arbitration

  • Third-party makes binding decisions.

Litigation (Court)

  • Court decides.