Study Guides (248,069)
Canada (121,279)
Commerce (716)


51 Pages
Unlock Document

Paul Stillman

thLaw Prof StillmanJanuary 7 2009In Hamilton there is a law library we qualify as law students downthe courthouse You have to do it by an appointment and the appointment has to be confirmed through him email 4 Days notice 3 might work What is the purpose of it thoSee course website get the courseware edition 11Evaluation Both Midterms will have 3 parts 1 Case Analysis fictional casediscuss the legal issues that could arise strategy might be to list everything that you can think aboutthere will be inclass practice examples 2 Memory Dump state a principle term 3 TFMCFor the Final Exam its only TFMCThere is a reading list online print this and follow it along and read in advance We are responsible for entire reading list the courseware and all class material Do readings in advance he has 3 rules cell phones off dont switch sectionssomething else Possible guest speakerThe Midterm will not be on Feb 11 so it will be changed on the Friday nightSaturday boooo but it will ththndthbe the weekend prior to this probably the 6 or 7 The 2 midterm is probably not going to be on the 18 thththpossibly the 20 a FridayMidterm 1 Feb 7 13pmMidterm 2 March 20 79pmLesson learned from Porcupine everyone sees stuff from different points of viewIntroduction 3 components 1 it regulates conduct 2uses rules to do that 3 these rules are enforceable by a court These rules come from statutes and from precedents Law evolveschanges when he started to get a divorce you needed to go to court etc family law has changed dramaticallyOur legal system assumes that EVERYBODY is assumed to KNOW EVERY LAW which is a false assumption But we cant have it the opposite way because then ppl would always get away with everythingSo how do you go find out what the answer to a law problem is you have to go find out You can get help finding these answers You have to recognize the legal problems that could come up you have to think from a legal perspective so you can go find out the answerLawyer referral service everyone in ON has the right to 30 mins free w a lawyer there is a 1800 There are preventative measures like medicine analogy problem arises because symptoms exist when sick vs in law that you can take ex have all contracts in writingLaw can we put into to categories Substantive Vs ProceduralSubstantivePublic law the govt participates in this 1the highest is criminal law2Constitutional law it separates what the prov marriage not divorce etcfeds can do It contains the Charter of RightsFreedoms all the personal freedoms that we have So if any govt violates this the courts can strike these laws down3Administrative Law the law surrounding boards labour board liquor etc and commissions these are not proceeded over by judgescourts just civil servants can be fired because they are hired vs Judges that are appointed and cant be removed from conduct like stuff they do sadly not their decisionsPrivate Law 90 of our time person sues another personStatus corp law being a corporation a singular individualfamily lawImmigration law1Procedural Common Law 1 a legal system of precedentsall provinces in Can except Quebec use common law Quebec uses Civil LawCode its all in a book in practice the 2 codes arent that diff because to interpret the book you have to lookcourt cases 2 The KingQueen in England was in charge of the common court rdvs the Equity court the religious one 3 3 meaning is the combination of the Equity and Monarch courtsCivil meanings 1 the court like in Quebec 2 Dispute between individualsCrown like the DA in the USAccusedperson being accusedPlaintiff doing the suingDefendant being suedYou can appeal almost all the time so the person defending against this is the Appellant and the person who has to respond is the respondent Almost always the Plaintiffs name is first when its Smith vs James et al means and others WE dont have to know any cases but we have to KNOW statutes nameswe will have to know the facts of some cases but not the titlesYou need to be answer 5 questions for each case they are1Who is suing who like what kind of person is suing another a customer vs store etc2What is the CAUSE of action what category of law does it fall under negligenceWhats being claimed whats the plaintiff after money etc34Who won5Why 2 part answers a what were the key facts in this case 2 sentences max b what is the precedent value of this case 3 sentence max mostlyStatues must be followed the Judge cant just say no unless it violates some freedoms of ours The court before it can follow it needs to interpret it Statutes are passed for 2 reasons 1 to assemble it all in one place 2 to change the law possibly new needs for lawsWhy they need to interpret it they will be ambiguous 1 the person who wrote them did a bad job 2 or the govt did it on purpose Hockey reference the ref has to blow his whistle when he loses sight of the puck this rarely ever happens So you cant make a perfect rule its just how you interpret it It leaves it more of to the discretion that the judge has more flexibilityThe Machinery of Justice the mechanics of judicial decision makingCar crashing example a couple Stillmans clients were driving down a 2way road that is intersected by a one way road going right to left in this case East to West and as he since the husband was driving gets to the crossroads he checks to his right since it is a oneway street which is intersecting the road he is on The oneway has a stop sign however they are blindsided from the left a person was driving down the oneway going the wrong direction and the husband gets Tboned and suffers head injuries where he no longer has any memory of the event The person who was driving up the oneway say Mr A claims that he was instead on the 2way road but traveling in the opposite direction that the husband and wife were Mr A claims that they were driving in the middle of the road and he for some unknown reason decided to turn to his left and as a result hit their car The end result is that the car started to spin and did many circles etc leaving many skid marks and both ended up against the stop sign in front ofbeside the oneway street So in court the result is there are 2 stories each with only one witness to that specific story no eyewitnesses and no way of telling based on the skid marks where the 2 parties were driving before the accident So its one the wife against another MrA So what does the court do hell tell us the verdict next weekThe court uses BurdenOnus of Proof raises 2 Qs 1 who has the burden 2 how big is the burden in a civil case its slightly diff then compared to normal courts we are used to its not beyond a reasonable doubt its a balance of probabilities is it more likely that that was the case2Adverse system once against another criticisms cost higher paid lawyers you might get a better result finding a lawyer isnt hard you could hire a lawyer on a contingency basis they get a cut only if you winProblems exist like you could hire an expert like in the car example you could hire someone to reconstruct the accident area etc Witnesses make the differencenot the lawyers so muchThe court has to decide 2 things more than which accident happened Liability and how much Remedy Once again the plaintiff has the burden of proof The court has to decide both issues regardless of the decision on the other so even if the plaintiff loses the liability part they still have to decide what the remedy wouldve been had they wonEx Widow was suing a defendant who killed her husband not murder so it was in a civil court and she was suing about her economic situation Future earnings of the husband based on health etc but he also took into account if she would remarry and he thought it was true that she would There are 2 or 3 issues 1 do you take it into account YN 2 if kind of evidence do you take into account what else do you take it into account like statistics life expectancy etc what if she is engaged 3 do you take into account if she is engaged do you take account what the new husband is making now comparing the 2 incomesA commission thought it a good idea to give them money for a few years and then going back and looking at it again a periodic systemHe thinks we have the best system in the world 2 problems 1 sometimes it makes wrong decisions 2 its costlyRules of Evidence what they can consider and what they cantWhat you tell your lawyer they cant tell anyone else this is good because then they can gain legal advice wo ramifications Ex a wife was breaking up w her husband but had a problem that she and he killed a man what does the lawyer do sadly nothing But this lawyer came to get advice from a law firm and that law firm asked Stillmans firm for advice etc about whether the lawyer has a duty to her to try to get her to confess etcIf physical evidence had been given to that lawyer then that lawyer wouldve had to give it to the courtExpert EvidenceEvidence of opinion is not cared for it doesnt matter to the court 1 BIG exception to that is that of a qualified expert Hearsay Evidence you cant use this and you have to bring the person who saw it 1 Because of innocent distortion ex about 500 to fix a bumper vs it will cost 500 2 Someone may be lying they can be crossexamined 3 Youre are under oath Ex small claims court farmer was suing a businessman lawyer represented else for apples ex he relied that his truck driver had delivered the apples but you needed to bring the truck driver or couldve asked the businessmanEx Vital statutethe crown doesnt have to bring a birth certificate otherwise its hearsay evidence that he was under age because the student wont remember being born needed this to prove he was too youngAnother exception to hearsay evidence The Evidence Act know it you dont need to call store clerks to court if you bring the records that they have kept of sales they are admissible and are assumed to be correct unless there is an error and you have to testify that you keep these records in the ordinary course of businessFor next week please have the courseware and the text for next week and please read to the law of torts3
More Less

Related notes for COMMERCE 4SD3

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.