LS101 Lecture Notes - Lecture 5: Natural Justice, Contributory Negligence, Mens Rea
30 Jan 2015
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Document Summary
Tort law (civil proceedings: private, threshold of probable guilt act); beyond a reasonable doubt, develop according to social needs, compensation. Possible defences: consent, self defence, defence of property, necessity, legal authority. Negligence in tort law: breach of responsibility, unintentional harm. 5 features that must be proven: negligent act, reasonable person standard common law principle standard of adjudication foreseeable harm, causation, damage, duty of care, remoteness of damage. Possible defences: accident, voluntary assumption of risk, illegality, contributory negligence. Functions: lawmaking, conflict management, deliberation; decisional; adjudicative, integrative, support executive and judiciary, balance powers (fed s. 91 & prov s. 92, representative. Functions: administer legislation, quasi-judicial (supervised by courts, investigators, rules of natural justice (fair outcome, fair procedure, rulemaking, procedural; interpretive; legislative. Enforcement: organization, federal, provincial, municipal, danger, 3 styles of police work, watchman maintaining public order, peace watcher, higher rates of corruption, legalistic takes law extremely seriously, high number of arrests, perception (race, demographics, etc.
