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3A - Organization of Law in Other Areas.docx

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University of Waterloo
Legal Studies
LS 101
Susan Brophy

Unit 1: Basics of Law Week 3A September 24, 2013 Session 4: Civil Proceedings Background Questions we will explore:  What is the principle of the “reasonable person” in common law?  What are some key features of the Indian Act, and what makes it so contentious? (define contentious – debatable)  How do we distinguish administrative agencies from courts? Tort Law (Civil Proceedings)  Private – primarily settles problems of individuals  Threshold of probable guilt o There is a lower threshold, you can only be found guilty in a ‘probable’ sense o In criminal law must be prove both mens rea (evil intent) and actus rea (evil act); beyond a reasonable doubt  Develop according to social needs o i.e. case against McDonald’s and the hot coffee  Compensation Intentional Torts  Deliberate acts  Intent to commit harm: o Physical or mental injury o Financial loss o Damage (to property or reputation) o Assault and battery Negligence  Breach of responsibility  Unintentional harm  5 features that must be proven: o Negligent act  “Reasonable person” – normative response  Common law principle  Standard of adjudication  Foreseeable harm o Causation o Damage o Duty of care – threshold is spread really thin o Remoteness of damage Unit 1: Basics of Law Week 3A September 24, 2013 Legislatures Functions  Lawmaking  Conflict management - Responds to grievances o Deliberation o Decisional, responsible for prioritizing o Adjudicative  Integrative o Support executive and judiciary o Balance powers (federal powers s.91 & provincial powers s.92 of the Canadian Constitution) o Representative  Questions for your consideration: o What factors restrict the ability of legislators to be good representatives?  You can’t represent the interests of everyone – only the majority and you’re ignoring the minority  Lobby groups influence Example statute: Indian Act  S.91: power over Aboriginal people and land  Terminology o Aboriginal – fairly new political term as an umbrella for these groups  Indians  Indi
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