LAW 122 Lecture Notes - Lecture 1: Supreme Court Act, R V Oakes, Constitution Act, 1982
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Has a tort been committed: discuss the law relevant to the issue. Refer to supporting legal authorities, is there a legal test, rule or criteria that applies to a statute or legal precedent: apply the law to the facts. Determine the likely decision: decisions are not simply the personal opinion of the judge. Why study law: the law describes, defines, and intrudes on every aspect of life and business is no exception, business decisions have legal consequences, negative: dumping pollutants into the water, positive: facilitating enforceable agreements. Nature of law: rules and laws, all laws are rules but not all rules are laws, morality and law, moral wrongs are informally punished, damaged friendships, legal wrongs are formally punished, fines or imprisonment. Law reflects a unique way of reasoning: it is not si(cid:373)pl(cid:455) (cid:449)hat the judge de(cid:272)ided (cid:449)as (cid:862)(cid:396)ight (cid:862) o(cid:396) (cid:862)(cid:449)(cid:396)o(cid:374)g(cid:863: the decision must be based on statute and/or binding legal precedent, ethical perspective 1. 1 p. 6.