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Study Guide

[LAW 534] - Final Exam Guide - Ultimate 161 pages long Study Guide!


Department
Law and Business
Course Code
LAW 534
Professor
Andre Serero
Study Guide
Final

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Ryerson
LAW 534
FINAL EXAM
STUDY GUIDE

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Chapter 1 : Regulating and Deregulating Risk
Terms:
Litigationa process of taking legal action
Informationlaying a charge
“uos suboea…—an order to appear before a judge or an order to give information
Jurisprudencetheory or philosophy of law
Civil action or civil triallaw concerned with private action
Burden of proof—oligatio o poe oes assetio
Standard of prooflevel of certainty and degree of evidence necessary to establish proof in a
legal proceeding
Reverse onusclause that shifts the burden of proof onto the individual specified to disprove
an element of the information
Trial courta court of law where cases are tried in the first place, as opposed to an appeals
court.
Appeal court (or appellate court)
Prima facie—ased o the fist ipessio, aepted util poe guilt
Presumptiona legal inference that must be made in light of certain facts. Most presumptions
are rebuttable, meaning that they are rejected if proven to be false or at least thrown into
sufficient doubt by the evidence
Res judicataa matter that has adjudicated by a competent court and may not be pursued
further by the same parties
Res ipsa loquitor (note the status of this doctrine in Canada more discussion in chapter 4)
occurrence of an accident implies negligence
Indictable offenceserious offence
summary offenceless serious offence
A word about Regulatio
When e sa ‘egulatio of usiess, hat do e ea?
- the act of regulating or the state of being regulated
- A principle, rule, or law designed to control or govern conduct
- A governmental order having the force of law
Fee aket s ‘egulatio
- a system in which the prices for goods and services are determined by the open market
and consumers
- the laws and forces of supply and demand are free from any intervention by a
government, price-setting monopoly, or other authority
Historical Overview
Reference to Walkerton tragedyresult of privatization
- Contaminated water
Conclusion = people die when government regulation fails
Historical and philosophical journey
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Hoes Thoas Hoes otat theo
Cotataia odel
- Described life in the state of atue as ast, utish ad shot
- Rational, self-iteested idiiduals oseted to gie up the poe to doiate
othes i ode to eefit fo the potetio poided  oo ealth
- Envisioned sovereign power as deriving from the consent of the governed rather than
by the grace of God
Notewritten during the final year of a decade-long English Civil war
- More accurately be described as a blueprint for achieving peace, rather than a
justification of the sort of interference in commercial and social affairs
- Characterized the liberty of the subject to buy, sell and contract as subject to sovereign
power
Industrial Revolution (regulation came to protect the vulnerable)
- Enacted to protect the vulnerable
- Particularly the children, men and women who labored long hours in dangerous and
unhealthy surrounding
- Without these regulations many would have died
- It later became necessary to regulate the manufactured products themselves
- Originally and still are designed to protect those who are unable to protect themselves
Adam Smith & laissez-faire theory (unregulated capitalism)
- Advocated for a limited government role in the economy
- Iisile had etapho
- B pusig his o iteest he frequently promotes that of the society, more
effectually than when he tends to promote it
- Stock market crash of 1929 and onwards regulation (securities, environment, health &
safety, etc.)
- By 1980, 20,00 regulatory offences per average province and 97,000 federal regulatory
offences
Deregulating Risk
- Trend towards deregulation and privatization in the Regan/ Thatcher era. Why this
shift?
- Fee Maket idea
- More jobs, economy thrives
- Piatizatio eae the sloga of the Thathe goeet
- By 1992 almost 2/3 of the State-owned industries in Britain moved into the private
sector
- Thatcher preferred governance by the market
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