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Lecture

LS101 Lecture Notes - Garnishment


Department
Legal Studies
Course Code
LS101
Professor
Frances Chapman

Page:
of 2
20/10/2007 22:25:00
CONSENSUS (conservative)
BASIC PRINCIPLES
Unifying set of values
Satisfaction from conforming
Everyone agrees
Law serves all equally
Criminal is improperly socialized
CRITIQUE
Difficult to define values where all agree
Doesn’t fully explain social order
All do not agree on purpose of legal system (violent vs. non-violent)
PLURALISTIC (liberal)
BASIC PRINCIPLES
Diverse social groups
Don’t agree on right/wrong, will be conflict
Agreement on dispute resolution
Legal system is value-free
Best interest of society – peaceful resolution
CRITIQUE
Argues in best interest to conform
Interests are not freely chosen – society imposes goals and interests
Doesn’t fully explain social order
CONFLICT (radical)
BASIC PRINCIPLES
Diverse groups compete for scarce resources
No agreement on what is right/wrong
Conflict is over political power
Law is for those in power
Those in power try to keep power
CRITIQUE
Does not explain crimes like rape, robbery, murder
Does not consider free will
Coercion is not the only reason for social order
Unstable society over time
- In Ontario, ‘writs’ are not used – instead, a ‘notice of action’ is filed
- pleadings – all the documentation produced/created through a trial
- Statement of Claim is followed by a Statement of Defence
- followed by discovery where all information, documents and
evidence is uncovered
fewer rules here than in court e.g. more leading questions (much
more open)
ERROR IN TEXTBOOK – it is NOT true that juries are only used in
personal injury cases
- Specific damages have an actual dollar value, whereas general
damages compensate for losses that cannot be specifically accounted for
RECOVERY
- Garnishment – taking a percentage of debtor’s income
- certain items cannot be seized e.g. food, clothing/bedding, furniture,
tools required for trade
- filing for bankruptcy and hiding assets