Class Notes (1,100,000)
CA (630,000)
Ryerson (30,000)
LAW (1,000)
LAW 122 (900)
Lecture 1

LAW 122 Lecture Notes - Lecture 1: Supreme Court Act, R V Oakes, Constitution Act, 1982


Department
Law and Business
Course Code
LAW 122
Professor
Peter Wilson
Lecture
1

This preview shows pages 1-2. to view the full 8 pages of the document.
LAW 122- LECTURE 1: INTRO TO LAW
EXTRA MATERIAL:
A crime in anything outlined in the criminal code; things that are ethically wrong maybe not be lawfully wrong
Criminal code was established by the statute
Torts (civil/ tort law) are established by the courts
You are able to be prosecuted in both the criminal and tort law (double punishment)
o OJ was able to get all the criminal charges dropped against him however he lost the civil suit that the
family of the victim brought upon him
There are three elements that are needed to successfully prove negligence
***More memorization and being able to identify what the appropriate tests are and what they mean.
SOLVING A LEGAL QUESTION
What are the facts? - Read carefully and understand the facts, as they determine the relevance of any legal
points you make later
What are the relevant legal issues? - What do we want to determine e.g. is the contract enforceable? 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
NATURE AND SOURCES OF LAW
Why Study Law?
The law describes, defines, and intrudes on every aspect of life and business is no exception
o Business decisions have legal consequences
Negative: dumping pollutants into the water
Positive: facilitating enforceable agreements
Nature of Law
Rules and Laws
o All laws are rules but not all rules are
laws
Morality and Law
o Moral wrongs are informally punished
Damaged friendships
o Legal wrongs are formally punished
Fines or imprisonment
Laws are rules enforced by courts
Law reflects a unique way of reasoning: it is not
sipl hat the judge deided as ight  o
og
o The decision must be based on statute
and/or binding legal precedent
Ethical Perspective 1.1 p.6
ETHICAL PRESCPECTIVE 1.1 PG6
While fishing from a lakeshore, I saw a canoeist tip his boat and fall into the water. Although he screamed for
help for more than 20 minutes, I did nothing at all. My motorboat was nearby, and I could have easily rescued him, but I
preferred to continue fishing. Was there any rule that required me to get involved? Assuming that the canoeist
drowned, can I be held legally responsible?
Most people would agree that I had an obligation to rescue the canoeist, especially since I could have done so
safely and easily. However, that rule may exist only in morally, and not in law. According to an old American case, I could
find more resources at oneclass.com
find more resources at oneclass.com

Only pages 1-2 are available for preview. Some parts have been intentionally blurred.

not be held legally responsible even if I had rented the boat to the deceased when I knew that he was drunk. Jn the
same situation today, a Canadian court would undoubtedly impose liability. But if I did not have a business relationship
with the canoeist, the answer would be Jess clear. The courts traditionally drew a distinction between moral obligations
and legal obligations, and generally said that there was no duty to rescue in law. Recently, however, Canadian judges
have begun to adopt a different attitude. Consequently, while we now know that there is sometimes both a moral duty
and a legal duty Td rescue, we do not know exactly when that is true.
ETHICAL REASONING
Consequences: promote good consequences and avoid bad ones, for all concerned, in the long run
Justice and Fairness: make sure that good and bad consequences are distributed fairly
Rights and Duties: protect rights and perform duties
Characteristics/ Virtue: consider what kind of people we want to be and what example we want to set
MAPS OF THE LAW
Canadian law can be organized and categorized in various ways:
o Substantive differences between certain types of laws (e.g.
criminal law VS. Civil law)
o Different sources of the law (e.g. statute law VS Common
law, federal law VS Provincial law)
Legislation is the law enacted by Parliament and the provincial and
territorial legislations
Common law is the body of legal rights and obligations arising out of
judges’ ulig
Canada has 2 distinct legal tradition s
o The iil la taditio i Quee is fouded o the poie’s histoial oetio to Fae
The common law tradition in the rest of Canada is derived from its historical connection to England
o It is concerned with judge-made legal precedent
This ouse ill fous o Caada’s oo la taditio
Constitutions
The Canadian Constitution is the supreme law. Al other laws must conform to
the requirements of the Constitution
o The Constitution Act, 1867
Desies Caada’s goeet faeok
Describes the distribution of powers among federal
government, provinces and territories
Describes how laws are enacted
o The Constitution Act, 1982
Confirms and enshrines basic rights and freedoms of Canadian in the Charter of Rights and
Freedoms
Public Law
The rights and obligations of Canadians to their government (federal,
provincial, municipal)
Private Law
The rights and obligations of Canadians in dealing with each other
Rules governing private dealings or matters
find more resources at oneclass.com
find more resources at oneclass.com
You're Reading a Preview

Unlock to view full version

Only pages 1-2 are available for preview. Some parts have been intentionally blurred.

Contract Law
The creation and enforcement of contracts
The means for the purchase and sale of products,
services, employment
Contracts lie at the heart of the business world
They are the way business is conducted
Property Law
The auisitio, use ad disposal of popet. This iludes…
Real property (land and buildings)
Personal property (moveable items)
Intellectual property (invention, creations, books, music and software)
Tort Law
A tort is a private wrong (in contrast to criminal law, which is a wrong against the state)
It may be deliberate (intentional tort) or a consequence of carelessness (negligence)
It includes business torts (e.g. conspiracy, deceit)
TORT LAW V CRIMINAL LAW
Type of Law
Private or Public
Law?
Concerned Parties
Concerned Parties if
Obligation Breached
Usual Remedy
TORT LAW
Private Law
- Identified persons
(including
corporations as
persons)
- Aggrieved person
takes private legal
action against the
other
- Damages for
determined loss
CRIMINAL LAW
Public Law
- The person
iludig peso’s
and the state
- Prosecution of the
person by the state
- Punishment (fine or
prison)
* these categories are not mutually exclusive
** An event or fact situation can give rise to both tort and criminal liability
CANADIAN CONSITUTIONS
The Constitution is the dominant source of Canadian law.
It estalishes Caada’s sste of goeet, iludig the diisio of powers between the federal government
and the provinces and territories.
It establishes and confirms the essential right and freedoms of all Canadians through the Charter of Rights and
Freedoms.
The Constitution Act, 1867
Historical Development
o Caada’s oigial Costitutio as the Bitish Noth Aeia At, , U.K. BNA At;
o The BNA At gated Caada’s idepedee;
o It created Canada, as it then existed, out of Ontario, Quebec, New Brunswick and Nova Scotia;
o It provided for the future admission of Pie Edad Islad, Nefoudlad, Bitish Coluia, Rupet’s
Land and the North-Western Territory;
o The BNA Act determined Canada to be a federal state and established the division of powers between
the federal and provincial governments. [ss. 91 and 92]
find more resources at oneclass.com
find more resources at oneclass.com
You're Reading a Preview

Unlock to view full version