Law in general terms can be described as the expressed will of a society governing relationships among members of that society.
The two most basic categories of law are: substantive and procedural.
Substantive law: consists of the rights and duties of individuals e.g. to vote and obey laws.
Procedural law deals with the methods used to protect and enforce these rights and duties.
Substantive rules are divided into public and private law.
- Public law is concerned with the conduct of the government with private individuals and corporations.
Sub-categories of this field would be: constitutional, criminal and administrative.
- Private law is concerned with the relations between private persons and/or legal entities.
Systems of Law
Common law is found in all provinces or territories except Quebec. It is unwritten law based on the rule of precedent. Precedent requires that all decisions be reached based on previous similar court cases (case law). Judge made law is when a judge must make a decision for which there is no precedent.
The Civil Code of Quebec is codified law. The code was enacted by the Quebec legislature. Cases are decided based upon the interpretation of the appropriate article in the Civil Code. Courts will consider how the article has been interpreted in the past. But are not bound by it.
The difference between the two systems is how the law is applied but the end results will usually be the same or very similar.
