Which Area of Law Does My Problem Fall Under?

This section provides an overview of the different areas of law: civil, family, and criminal.

Generally, law is described as either criminal or civil. All civil matters fall into one of two categories: general civil law and family law.

General civil law

Civil law deals with disputes between people or organizations. This includes disputes about contracts, wills, property, and personal injury. An example of a civil dispute is when one person owes another person money. One good starting point is the section on Civil Law from the Justice Education Society of BC website Courts of BC.

General civil law also includes Administrative Law, which involves a legal action between a person or organization and a government agency such as the Residential Tenancy Branch, or the Labour Relations Board of BC. Some administrative law cases ask for a review of a decision at a hearing in front of a special board called a tribunal.

Good starting points to learn more about administrative law include:

• Administrative Law BC is a website that explains what administrative law is and provides a directory of over 100 tribunals and agencies, and further help.
• The common question I’m preparing for a tribunal. Where can I find out what to do?

Family law

Family law generally involves issues that have to be decided when an intimate relationship breaks down, and can also involve issues about the care of children. Examples of family law issues include how to divide property between separating spouses, where children will live, and how family members will be financially supported.

Good starting points to learn more about family law include:

• Introduction to Family Law from the Canadian Bar Association gives an overview of topics such as common problems, related laws, and words and phrases.
• Introduction to the Legal System for Family Matters in JP Boyd on Family Law provides information on the courts of British Columbia, including the types of claims heard in each court.
• Family Law in BC is a website from Legal Services Society that has a wide range of family law information from basic fact sheets to self-help kits to complete court forms.

Criminal law

Everyone in Canada must obey Canadian criminal laws, most of which are found in the Criminal Code of Canada. If someone breaks one of these laws, they can be charged with a criminal offence. The government, usually referred to as “the Crown”, takes them to court. An example of a criminal offence is shoplifting.

The criminal law process is very different from civil law. To learn more about the criminal law process, good starting points include:

• Criminal Law from the Justice Education Society, provides a brief overview of criminal law.
• Charging Someone with a Criminal Offence, from the Canadian Bar Association, and If You are Charged with a Crime from the Legal Services Society provide basic information on criminal law procedure.
• Representing Yourself in a Criminal Trial from Legal Services Society provides legal information for people who are defending themselves in criminal court.

Beginner's Guide to Finding Legal Information © Courthouse Libraries BC 2015 is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.

The testing of the claims in a court proceeding at a formal hearing before a judge with the jurisdiction to hear the proceeding. The parties present their evidence and arguments to the judge, who then makes a decision resolving the parties' claims against one another that is final and binding on the parties unless successfully appealed. See "action," "appeal," "argument," "claim," "evidence" and "jurisdiction."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

Something which can be owned. See "chattels" and "real property."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

In law, (1) a written argument, or (2) a memorandum of law. A brief is usually presented to a judge as a summary of an argument or the law on a particular issue. Curiously, briefs are rarely brief.