ACTG 2P40 Lecture : Introduction - Chapters 1 & 2
Document Summary
What is law? y rule of law (all persons treated equally) y public law (government / private persons) vs. Philosophies of law: natural law (a) religious view (b) non-religious view, legal positivism (a) physical laws (e. g. laws of gravity) (b) normative laws (e. g. moral rules, enforceable rules) The role of law: governance of conduct, the authority of government to act, governance of relationships. Sources of law in canada: constitution (a) the constitution (b) the canadian charter of rights and freedoms, legislation (a) purpose (b) regulations (c) administrative tribunals (d) statutory interpretation, common law (a) development of common law, precedents (b) equity. Legal liability y responsibility for the consequences of breaking the law. 3 types y y y criminal liability regulatory/quasi-criminal liability civil liability. Criminal / civil liability y parties: civil: plaintiff and defendant, criminal: crown and defendant/accused. Litigation in the courts: steps in an action, pleadings, discovery, motions, pre-trial, trial, alternative dispute resolution, costs, contingency fees, legal aid.