LAW 122 Study Guide - Spring 2018, Comprehensive Midterm Notes - Tort, Test Act, Vicarious Liability
12 Oct 2018
School
Department
Course
Professor
LAW 122
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Lecture 1 – LAW122
Overview
• Why study law?
• In introduction to the legal system
o The nature of law
o A map of the law
o Sources of law
• The court system
Why Study Law?
• Various factors affect success and failure in business
o Decision-making: location choice, product, marketing
• Business decisions have legal consequences
o Dumping pollutants into environment
o Binding contractual party to promise
• Legal factors affect profits and losses
o Liabilities/opportunities
The Nature of Law
• A set of principles and rules that courts will enforce
• A way of thinking (or reasoning) about these principles and rules
o It is not just the result of a case that matters. Law is bound up in the
reasoning
▪ Ask why and how
Law v Morality
• Law
o Formally sanctioned
• Morality
o Informally sanctioned
Ethical Perspective 1.1
• Can I watch someone drown without incurring legal liability? If I legally can
do it, should I?
4 Types of Ethical Reasoning
• When values collide, we can use different modes of analysis to make good
judgments in hard cases
• Consequences: the greatest good for the greatest number
• Justice and Fairness: Give people their just desserts, pay your debts
• Rights and Duties: Respect rights and perform your duties
• Character and Virtue: What kind of people do we want to be?
find more resources at oneclass.com
find more resources at oneclass.com
Civil Law and Common Law
• Civil law jurisdictions
o Originated in ancient Rome
• Common law jurisdictions
o Originated in England
o Judge-made laws (dispute based)
• Some laws are the same across Canada
o Criminal laws and constitutional laws
Public and Private Law
• Public Law
o Governs our relationship with the government and with society as a
whole
▪ ie Constitutional law, tax, criminal law
• Private Law
o Governs matters of private concern and the relationships we have
with other individuals
▪ ie Tort, contract law, property law
Hierarchy of Sources of Law
• The Constitution
o Laws created by parliament or legislature
▪ Courts:
• Interpret and apply constitution
• Interpret and apply legislation
• Create and apply common law
The Constitution
• Provides basic rules for society, including our legal and political systems
• Highest source of law
o Any law inconsistent with Constitution: no force or effect
• Difficult to amend
o Requires consent of both Parliament and Legislatures of 2/3s of all
provinces with at least 50% of the population
Federalism and Division of Powers
• Two levels of government: federal and provincial
• Constitution divides legislative authority
o Federal govt: crime, bankruptcy, copyright
o Provincial govt: property, civil rights
• When a government legislates outside its authority, the law is ultra vires
(beyond the power of) and the law has no force or effect
Charter of Rights and Freedoms
• Part of the constitution since 1982
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
In introduction to the legal system: the nature of law, a map of the law, sources of law, the court system. Why study law: various factors affect success and failure in business, decision-making: location choice, product, marketing, business decisions have legal consequences, dumping pollutants into environment, binding contractual party to promise, legal factors affect profits and losses, liabilities/opportunities. The nature of law: a set of principles and rules that courts will enforce, a way of thinking (or reasoning) about these principles and rules, it is not just the result of a case that matters. Law is bound up in the reasoning: ask (cid:498)why(cid:499) and (cid:498)how(cid:499) Law v morality: law, formally sanctioned, morality, informally sanctioned. 4 types of ethical reasoning: when values collide, we can use different modes of analysis to make good judgments in hard cases. Civil law and common law: civil law jurisdictions, originated in ancient rome, common law jurisdictions, originated in england.
