CANADIAN LAW 101 The basics to understanding Canadian Law. S 1. PERSPECTIVES There are two main perspectives of law: individual and collective. Within these categories are more categories of perspective, such as: * positivists - strictly adhere to written law, seen as "social contracts" * natural lawyers - the belief that we are given natural or God-given rights * legal realist * feminists * anarchists * libertarians And so on. Positivist have strict separation of law and morality. Naturalist say an unmoral law is not a law. Realist (or skeptics) believe in interpreting the law under a political, economic, and social context which laws arise, change and persist. S 2. ORIGIN Until 1764: Feudalism 1764 - 1867: Self governed 1867 - 1982: British North America Act 1960 - Present: Canadian Bill of Rights 1982 - Present: Constitution Act S 3. CONCEPTUAL DIVISIONS It's divided into two: public and private. These are in the context of where the law protects which interest. Public Law Private law ---------- ----------- Constitutional law Contracts Torts Criminal law Real estate Company law Administrative law Property The law of agency Taxation law Family law Patent law Wills and trusts Case Law Law established by decisions in specific court cases. Substantive Law Law established by general social norms. Procedural Law Law established by the courts, following rules to decide an outcome. S 4. JUDGEMENT AND INTERPRETATION Statutes can be interpreted in various ways. This can lead to many different outcomes despite the same laws being applies. So how is this overcome? We must: * Read the statute literally * Read it in context * Read it in accordance with its intentions Along with any other factor which has meaningful contribution to the law.