LAW 321 Study Guide - Fall 2018, Comprehensive Midterm Notes - Common Law, Vicarious Liability, Trespass
LAW 321
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Lecture 1:
Solving a Legal Question
• What are the facts?
o Read carefully and understand the facts, as they determine the relevance of any
legal points you make later
• What are the relevant legal issues?
o What do we want to determine; e.g., is the contract enforceable? Has a tort
been committed?
• Discuss the law relevant to the issue
o Refer to the supporting legal authorities. Is there a legal test, rule or criteria that
applies to a statute or legal precedent?
• Apply the law to the facts
o Determine the likely decision
• Decisions are not simply the personal opinion of the judge
CANADIAN LEGAL FRAMEWORKS
Topics
• Maps of the Law
• Canadian Constitution
• Hospitality and Tourism
o Sources of Law
Maps of the Law
• Canadian law can be organized and categorized (mapped) in various ways
• Some categorizations reflect the substantive differences between certain types of law
(e.g., criminal law vs. civil law)
• Other categorizations reflect differing sources of the law (e.g., Constitution, legislation,
common law)
Maps of the Law
• The Canadian Constitution is the supreme law. All other laws must conform to the
requirements of the Constitution
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• Legislation is the law enacted by Parliament and the provincial and territorial
legislatures
• Common law is the body of legal rights and obligatios aisig out of judges’ uligs
• Public Law
o The rights and obligations of Canadians in regard to their governments (federal,
provincial, municipal)
• Private Law
o The rights and obligations of Canadians in dealing with each other
o Rules governing private dealings or matters
• Contract Law
o Creation and enforcement of contracts;
o The means for the purchase and sale of products, services, employment, etc.;
o Contracts lie at the heart of the business world;
o They are how business is conducted, including in the hospitality and tourism
sectors
• Property Law
o Rights associated with the acquisition, use and disposition of property, including:
▪ Real property (land and buildings);
▪ Personal property (moveable items);
▪ Intellectual property (inventions, creations, books, music, software, etc.)
Canadian Constitution
• The Canadian Constitution is founded on two discrete constitutional documents:
o The Constitution Act, 1867 (formerly the BNA Act)
o The Constitution Act, 1982
• The Constitution Act, 1867
o Estalishes Caada’s sste of government, including the division of powers
between the federal government and the provinces
• The Constitution Act, 1982 (specifically Part 1)
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Has a tort been committed: discuss the law relevant to the issue, refer to the supporting legal authorities. Is there a legal test, rule or criteria that applies to a statute or legal precedent: apply the law to the facts, determine the likely decision, decisions are not simply the personal opinion of the judge. Topics: maps of the law, canadian constitution, hospitality and tourism, sources of law. Maps of the law: the canadian constitution is the supreme law. Intellectual property (inventions, creations, books, music, software, etc. ) The constitution act, 1867: division of powers, sections 91-9(cid:1009): the (cid:862)(cid:272)lasses of su(cid:271)je(cid:272)t(cid:863) (cid:449)ithi(cid:374) the e(cid:454)(cid:272)lusi(cid:448)e autho(cid:396)it(cid:455) of the. Parliament of canada, and the (cid:862)(cid:272)lasses of su(cid:271)je(cid:272)t(cid:863) (cid:449)ithi(cid:374) the e(cid:454)(cid:272)lusi(cid:448)e autho(cid:396)it(cid:455) of the provincial legislatures. Some classes of subject are granted concurrent jurisdiction, e. g. , agriculture and immigration [s. 95]: the hospitality and tourism sector are governed by both federal and provincial laws, depending on the subject matter.
