Introduction to Law

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Introduction to Law
RULES & LAWS
What are rules?
 Rules apply to the participants in the game or
members of the organization that people are
participating in

Example: a rule of hockey is no icing. This rule applies only to
those playing the game of hockey.
 Rules are needed because situations involving more
than one person usually require rules to regulate and
control them.

Think of this school, if there were no rules how would this area
of your life change?
What are laws?
A law is a rule needed to govern
an action; a rule that is
established by government for
the members of its society to
follow and obey.
How are Rules and Laws different?
 A law is not just an ordinary rule. Ordinary rules are part
of our everyday lives in Canada, whether they are made
by institutions, organizations, or schools. We must obey
and follow these rules or face the consequences. Laws are
mandatory, rules may be optional.
 A law, however, is a special kind of rule; it is a legal rule.
Laws apply to all members of society and are usually
made and enforced by the government and supporting
agencies. There is a formal system of procedures for the
enforcement of laws. They are generally enforceable in a
court, whereas rules are usually not. If a citizen breaks or
violates a law, a system of remedies and punishments is
in place to deal with the offender.
* Laws are essentially a set of rules, but there are 3
main characteristics that make laws different
from simple rules:
Laws are a set of rules established and enforced
by government.
2. Laws are mandatory.
3. Laws involve consequences
1.
Rules vs. Laws Quiz
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5.
You don't go to school on Labour Day.
When driving your car, you STOP at a red light.
You and your friends always sit at the same table in
the cafeteria.
Every child in Ontario must go to school until they
are 18. If they have obtained a secondary school
diploma they can leave school at an earlier age.
In elementary school students walk down the
hallways in a single file line.
 We look to the law for justice and fairness. If a person
steals from us, we look for justice. If we have been
discriminated against at our jobs or fired without just
cause, we look for fairness from the legal system in terms
of remedies.

Laws reflect the values, beliefs, or morals of society
 The overall purpose of the law is to keep social order and
further the collective good (collective good commonly
defined as the greatest happiness of the greatest number
with codified protection of individual and minority
rights). However, there are other purposes of law that
help accomplish the overall goal of social order.
Purposes of Law
 Laws Promote the Goals of Society
 Laws Provide a Method to Settle Disputes
Peacefully
 Law Protect Persons and Possessions
(punishment and deterrence)
 Law Provides Order in Society
Ever Changing Laws
 Laws are not static
 In our society, laws are dynamic and are constantly
subject to societal, cultural, economic, religious, and
political changes
 Laws need to keep pace with the times

The need for new laws often coincides with the need for reform

Example: internet crime, gambling, same-sex benefits
The Rule of Law & Due Process
 Canadians are governed by the British tradition of Rule
of Law and every dispute is settled by Due Process in
the courts

The Rule of Law is founded on the belief that no one person or body
is above the law
No one, from politicians to police, have power over the law
 There must be an orderly way to change laws
 All legal problems should be settled in a court of law without the
intervention of a third party


Due Process is an orderly process where once a person is served with
a notice of arrest, he/she has the right to:
be heard in a court of law,
 a prompt and fair trial,
 and appropriate sentencing

Divisions of Law
 In Canada, the law is divided into two basic types:
substantive and procedural.

Substantive Law: laws that outline a person's rights and
responsibilities; further divided into
Public Law
 Private Law


Procedural Law: legal processes that protect and enforce our
rights
There are 3 types of public law:
 Criminal Law: outlines offences against society and
their punishments.
 Constitutional Law: outlines the structure and
powers of governments.
 Administrative Law: outlines the relationship
between citizens and government agencies.
There are 5 types of private/civil law:
 Tort Law: a person is held responsible for damage

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
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caused to another; "tort" is Latin for "a wrong".
Family Law: deals with the various relationships of
family life (e.g. marriage)
Contract Law: outlines requirements for legally
binding agreements.
Property Law: outlines relationship between
individuals and property.
Labour Law: outlines relationship between
employers and employees.
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