law that is common to all people in the country

based on past judges rulings 

the theory of law that human laws are drived from a universal order 

what is law

• truth, justice, morality, equalility, rightness 
• preception or understanding of these concepts that alter our opinon of the law whether we regard it positivly or negalivly
• we want a law that protects children from sexual abuse but a law that allows police unlimited access to our homes is not right 

• the network institution and process that are disgnined that are made to preform a specific function of law 
• allow the legel system to opperate 
• 
  the police inforce the law 

law sets out rights and obligationd for governments and citizens each law has specific function, each law should reflect values and ideals of citizens, conflict emerges when  there is conflict

freedom of speech vs slander and treason  

• demographic 
• values and belifs 
• technological 
• national emergencies 
• media 

• provides order 
• rule of law is supreme 
• no one is above the law 
• incorrperates a way of resolvinf disputes 
• a role to defend people and property 

• provides fairness and equality
• allows for civil disobence
• a judge can set precendent
• to be just it must aline with moral law

• creates, defines, and regulates obligations of citizens

• process by which law is enforced

nation states are allowed to impose laws within their own territories, but is limited by international law if part of the UN

refers to parameters of power or authority

lawful right to inhert property or title, that which is lawful and reconginzed by law

one who has the legal title to property or possecission 

refer to that which is correct or just

nessarcery obligations for a right to have validity in law

ex,right to a jury by your peers=state has duty to get jury

everyone is treated same

treating people based on treating like cases same and different cases diferent

that which renders an action right or wrong

refers to kindness human kind

no flexablitiy in the law, always applies no matter the situation.

ex. judge wont bend the law, law is like a rock (picture in your mind a rock wearing a very very very formal top hat and a monocle)

when a judge makes a judgement it will reflect on the moral standard of the time period

(??????? dont no for sure, hard to find?????????)

Rape of Nanking

happened in China and many war crimes and crimes against humanity.

wrote a book on the human right violations and expand on that.

• frist person to be brought in front of the internatrional court of justice.
• charged with war crimes and crimes against humanity in connection with the wars in Bosnia, Croatia
• Charges of violating the laws or customs of war, grave breaches of the Geneva Conventions in Croatia and Bosnia and genocide in Bosnia

Sustanstive (all rights and responsibilites) > public (relationship between govn't and people) and private law (civil law) relationship between citivians and between citizens and organisations)family, contract, tort, prperty) > criminal (offensivs aganist society, sets penalties) and constitutional (sets out the limits to the power of the levels  govn't)

Procedural (process of law steps to take to ensure substantive law is upheld)   

• no work or shopping on Sunday
• big m drug mart complained and said went against freedom of religion and freedom of expression

• bought property
• in the agreement could not sell to jews and he said it violeted the freedom of not promoting hatred and one fundumental freedom

• one guy driving drunk and the other did not wear seatbelt
• split unevenly and one got more damges ( Chea who forgot to wear seatbelt got 75% damages ) nad the other ( The driver Min got 25% )

Life, liberty and security of person

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

Search or seizure

8. Everyone has the right to be secure against unreasonable search or seizure.

Detention or imprisonment

9. Everyone has the right not to be arbitrarily detained or imprisoned.

Arrest or detention

10. Everyone has the right on arrest or detention

(a) to be informed promptly of the reasons therefor;

(b) to retain and instruct counsel without delay and to be informed of that right; and

(c) to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful.

Proceedings in criminal and penal matters

11. Any person charged with an offence has the right

(a) to be informed without unreasonable delay of the specific offence;

(b) to be tried within a reasonable time;

(c) not to be compelled to be a witness in proceedings against that person in respect of the offence;

(d) to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;

(e) not to be denied reasonable bail without just cause;

(f) except in the case of an offence under military law tried before a military tribunal, to the benefit of trial by jury where the maximum punishment for the offence is imprisonment for five years or a more severe punishment;

(g) not to be found guilty on account of any act or omission unless, at the time of the act or omission, it constituted an offence under Canadian or international law or was criminal according to the general principles of law recognized by the community of nations;

(h) if finally acquitted of the offence, not to be tried for it again and, if finally found guilty and punished for the offence, not to be tried or punished for it again; and

(i) if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.

Treatment or punishment

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

Self-crimination

13. A witness who testifies in any proceedings has the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence.

Interpreter

14. A party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter.

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

Rights to move and gain livelihood

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(a) to move to and take up residence in any province; and

(b) to pursue the gaining of a livelihood in any province.

Limitation

(3) The rights specified in subsection (2) are subject to

(a) any laws or practices of general application in force in a province other than those that discriminate among persons primarily on the basis of province of present or previous residence; and

(b) any laws providing for reasonable residency requirements as a qualification for the receipt of publicly provided social services.

Affirmative action programs

(4) Subsections (2) and (3) do not preclude any law, program or activity that has as its object the amelioration in a province of conditions of individuals in that province who are socially or economically disadvantaged if the rate of employment in that province is below the rate of employment in Canada.

Rights and freedoms in Canada

1. The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society

Fundamental freedoms

2. Everyone has the following fundamental freedoms:

(a) freedom of conscience and religion;

(b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;

(c) freedom of peaceful assembly; and

(d) freedom of association.

establishment of the red Cross

laid down the rules for how wounded are treated in war