Law

• Law


  Series of rules created by the government that apply to all people at all times
• Laws


  • Govern the relationship between individuals
  • Govern state and state interactions
  • Govern relationships between businesses and other associations in society
• Purpose of law


  To keep social order and further the collective good (greatest happiness of the greatest number with codified protection of individual and minority rights)
• Differences between laws and rules

  • Laws are enforceable in court, cannot opt out of, only governments create
  • Rules are not enforceable in court, can opt out of, can be created by everyone
• Common law/case law


  • During the Roman empire, a series of laws were put into place to decide how contracts should be determined and regulate it
  • The Justinian code was found to settle disputes between private business and citizens, drawing inspiration from Roman laws
  • The Napoleonic code deals with property, wills, contracts and many family laws that are held today
  • Henry II created circuit judges and assizes, applying existing laws in oral form, with new decisions creating precedent
• Precedent


  Applying a previous decision to a case that has similar circumstances, based on the principle of "stare decisis" (to stand by the decision)
• Mental capacity to marry

  • Ability to understand the nature of the marriage contract and marriage
  • Not mentally capable due to illness, alcohol, or drugs = cannot marry
• Valid consent to marry

  • When the partners say "I do," they consent to be lawfully married
  • Consent cannot be given under duress
  • There must be no mistake about the identity of the person being married
• Minimum age for marriage

  • 16 with parental consent, 18 without parental consent in most provinces
• Prohibited relationships for marriage


  • Marriage between people too closely related by consanguinity (blood) is not valid
• Termination of prior marriages

  • Legally married to only one spouse at a time
  • Previous marriage(s) must be ended by annulment, divorce, or death
  • Polygamy is a criminal offence punishable by up to 5 years in prison
• Sexual capacity for marriage

  • Consummation of the marriage = the couple has sexual intercourse after the ceremony
  • If either spouse is unable to consummate the marriage, it may be annulled
• Cohabitation


  • Any partners who live together in an intimate relationship, whether they are married or not (common law relationship)
  • In Ontario, couples who have lived together for at least 3 years are regarded as "spouses" for purposes of support obligations
• Divorced wife was granted no beneficial interest and was ordered to pay husband's bills
• Inherent rights


  Rights that are involved in the essential character of something; belonging by nature or habit
• Inalienable rights


  Rights that cannot be removed, cannot be taken away or transferred
• Coercion


  The practice of persuading someone to do something by using force, threats, or other pressure
• At Confederation, there was no Bill of Rights and no Charter of Rights and Freedoms in Canada
• The main protection of human rights in Canada came from the division of powers between the federal and provincial governments
• The courts opted to use the division of powers to stop laws that violated human rights, instead of intentionally protecting human rights
• The World Wars, particularly WWII, were a major force in advancing the shift from "civil liberties" to the concept of "human rights"
• The UN Universal Declaration of Human Rights


  Marked a significant international recognition of inalienable human rights, though it is not legally binding
• The Canadian Bill of Rights


  Was the first human rights statute in Canada at the federal level, but was merely a statute that could be changed by Parliament and only applied at the federal level