The Need For Law

Divisions of LawO In Canada, there are two broad areas

of law: public and private lawO PUBLIC LAW: is an area which deals

with activities between the state and its citizens (e.g. criminal law)

O PRIVATE LAW: deals with disagreements that occur between individuals or groups. It is sometimes also called civil law.

Criminal LawO For something to be considered a crime,

there are three criteria which must be present:

1)The act must be prohibited by the Criminal Code of Canada

2)The accused must have intended to commit the act

3)The accused must have been able to understand that what they have done is wrong. (For example, anyone under the age of 12 is not considered old enough to understand that they have acted wrongly.)

Civil LawO Civil law deals with disagreements that occur

between two individuals or groups. Damages in the form of money may be given to the plaintiff (person making the complaint)

O There are many types of civil law. For example:O Family Law: which deals with issues such as

marriage, divorce, and child custody.O Contract Law: which looks at whether a contract

is legal and enforceable. A contract might involve the purchase of a car or the hiring of someone to fix your t.v.

O Tort Law: deals with wrongs caused by one person to another person. For example, if you slipped and fell on someone’s icy stairs, you may take this person to court to compensate you for the injuries you suffered as a result of their negligence.

Role of the JudgeO To resolve the legal disputes that

arise between citizens and governments.

Role of the JuryO As Canadians we have certain

responsibilities. One of these responsibilities is that you may be required to serve on a jury in a civil or criminal trial.

O To serve on a jury in Ontario you must be:

O 18 years oldO Canadian citizenO Be able to speak English or French

Jury DutyO Some professions are exempted from

jury duty (e.g. judges, lawyers, medical practitioners, firefighters, police officers, court officials, correctional officials)

O Once jury duty is filled, you don’t have to serve again for 3 years.

O The jury roll consists of a list of names of randomly selected individuals complied by geographical locations

O If your name is selected, you will receive a summons to appear at court. The crown attorney and the defense lawyer decide on the members of the jury.

Court RoomO Sketch a diagram of what you think

a court room looks like.