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Study Guide

LAW 204- Final Exam Guide - Comprehensive Notes for the exam ( 32 pages long!)


Department
Law
Course Code
LAW 204
Professor
Christian Hurley
Study Guide
Final

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Queen's
LAW 204
FINAL EXAM
STUDY GUIDE

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LAW 204 F17 Week 1
Page 1 of 11
LAW 4 Week Trascript ad Notes
LAW 204 Corporate Law
The Context for Business Law
Learning Objectives
1. Define the legal framework for business, specifically in Canada
Philosophers who have come up with unique approaches to Law are John Locke and Karl Marx.
Joh Locke’s Theory: Natural Law Theory
o Laws are how rational men would order life
o The idea that e ae eated i the iage of God ad thus, the las e eate ust e i his
iage
o American Constitution & Declaration of Independence (their freedo flos fo God
Karl Marx: Law is a tool of the powerful to remain in power
What Does Law Do?
• Affet hua odut – what we should do, and should NOT do in a given society o juisditio
• Ase soial uestios – for e.g. whose property is that? Who has the right to exploit that idea?
Purposes for Laws More “pecific
• Las aiousl see to egulate, puish ad opesate ad stutue
o Punishment - Criminal Law punishment for violating societal mores to punish and deter
o Compensate - Civil Law the law between private actors aims to compensate
o Regulate - Regulatory Law part criminal, part civil though puishet iil sanction) - aims to
cause adherence to a governmental policy
o Structure - Constitutional Law sets up our government structures
Examples:
Criminal Law: Assault and Battery; I do’t like  eighou ut I’ ot goig to get ito a fist fight just so I a
get charged with assault and battery.
Civil Law: Regulates when people enter into a contract; e.g. when a worker gets injured on the job an needs
compensation
Regulatory Law: The Government will pass certain laws e.g. Liquor Licensing Board of Ontario to get a Liquor
License in order to sell alcohol; while adhering to certain rules. If those rules are broken, there are punishments
that are not as severe or as harsh e.g. losing the Liquor License.
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LAW 204 F17 Week 1
Page 2 of 11
Constitutional Law: The law that regulates our Government/government structure
Law’s Bad Rep:
• Las ae geeall thought of as eig estitie
o Do’t do this!
o Violate the law and suffer some bad consequence
• But ay laws are actually permissive!
o But for this law, this activity could not take place
o Eaples: opoatios’ statutes; itelletual popet (The Copyright Act that protects original work)
• A e oad aea of la, oeig:
o Contracting (Contact law)
o Business Structures (Joint business ventures)
o Finance Banking and Securities (investment)
o Taxation
o Administrative Law (Businesses are subject to Government regulation violations)
o Employment (Employment contracts, hiring and firing)
o Intellectual Property (gaining more prominence lately)
o Transactional Work (the purchase and sale of goods)
• Most of hih is ased o peissie las that are also based on government regulations.
Business Law
What does a Business Lawyer do?
• Ceate usiess stutues e.g. iopoatio
• Adise o opoate goeae issues
• Goeet filigs e.g. taatio, pospetuses
• Wite contracts employment, customer, supply, ownership agts, IP licensing, etc.
• Adise o ad do deals – like buying an asset or entire business
• Adise o usiess liailit issues – taxation and civil liability
• Assist litigatos
• Ad uh oe
Canadian Business Law Framework
• Piail ased i iil la ad egulato la (permissive and restrictive laws)
o Common Law of TORT and CONTRACT
o Statutory Law (Regulatory laws/Government Policies)
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