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Our Legal Heritage

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by

Luisa Juarez

on 2 March 2015

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Transcript of Our Legal Heritage

Why do we need law?
The purpose of law is to regulate our society in equal and reasonable limits. Our society is governed by law and we see laws everywhere we go.

Canada relies on the Rule of Law to help everyone. The Rule of Law is a principle of justice that states that law is essential in our society, that laws apply to everyone and treat everyone equally and that no one has the authority to take away our rights, which is a great system to help our society.

Laws help protect ourselves and society from crime, disputes and disagreements that can be solved in court, as well as many other issues.
The Various Categories of Law
The Law is divided into two categories. International Law and Domestic Law. International Law helps us govern law outside of our country and between other countries and Domestic Law governs the law within our country.
The Influences of Historical Legal System
The Constitution
Division of Powers in Government
There are three levels of government in Canada; Federal, Provincial and Municipal. Each level of government takes care of many different things.

Decisions made by the federal government affect the whole country. They deal with laws within the
Constitution Act, 1867
.

Provincial government varies from province to province, meaning their might be some alternations to federal laws to suit a certain provinces requirements and needs. The 3 Territories have their own government that is still under the power of the Federal government.

The municipal government is fixated on specific cities and counties. They are in charge of public places such as schools, libraries and many other municipally run establishments. They also follow under the power of the Provincial government.
Contributions of English Common Law
English Common Law derives from England but it is still used in Canada. English Common Law means that law is common and universal everywhere you go.

Common Law is referred to it as that name because it takes decisions made by previous judges on similar cases to have some consistency in consequences and with that it becomes precedent.

A judge may chose to not agree on cases even if it is the common law, with the judge's new choice, a new precedent is created. Sometimes precedents don't apply to cases involving technology or precedents can be outdated and not applicable to our present time.
Our Legal Heritage
The Roles of the Branches of Government
How Bills Become Laws in Canada
By Luisa Juarez
A bill must go through various stages until it can be passed. A new bill must be introduced in either the House of Commons or to the Senator.
Once the bill is introduced in either side, there must be three stages of reading. The first reading is the bill being introduced, the second reading is the bill being discussed on principles and the third reading is when they vote.
When it is passed on one side, it must be sent to the other, in this case, if the bill was introduced in the House of Commons and it was passed, they would send it to the Senator to repeat the same process.
Once the process of the three readings is done, the bill is finally sent to the Governor General who then either withholds consent or gives it Royal Assent and signs the bill.
The Senate Chamber
Domestic Law is divided into more categories, Substantive and Procedural. Procedural law is related to how we enforce the law. Substantive law defines our rights, duties and obligations, which is then divided into two more categories; Public Law and Private Law.

Public is divided into Constitutional, Administrative and Criminal law which are all related to relationships between people and the state. Private/Civil law is divided into Tort, Contract, Family, Wills and Estates, Property and Employment law which governs private relationships and issues with individuals and organizations.
Canada has three branches of Government. Each branch has a certain role to help the country function.

The executive branch (Prime minister and members of his cabinet) deals with creating policies and laws that have been passed by the legislature.

The legislative branch (MPs and Senators) are the ones who make laws and have been reviewed and passed by the executive branch.

The judiciary branch are composed of judges and they deal with offenders in the court and interpret the law.
There have been many different historic legal systems that have adapted into many to create a some what perfected legal system.

Many different legal systems throughout the years have involved various consequences such as death which appeared in times such as the Babylonian, Greek, Hebrew, Roman etc. Many of those legal systems did not include such great ethics.

Acts such as murder, stealing and other bad acts were never taken lightly but the consequences to many of those acts have changed due to ethics in modern day society. The legal system back then was to really show people not to break laws or else their only punishment was death. Now due to our times and the morals and ethics we are informed about, jail is an option.

The Greeks introduced the democratic means to punish someone. Although times are different the democratic element was taken and it is what Canada is using today.

Canada does not have a constitution but it has a constitution like act called the
Constitution Act, 1982
. That act contains the
Charter of Rights and Freedoms.
We use the Constitution Act, 1982 to create laws and now break any.

If a law breaks the rights and freedoms in the Act, it is deemed unconstitutional. Going against the Act results in laws being rewritten. Everything done in the legal system must meet what is written in the Act, if not it cannot be passed.

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