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[MCS 3040] - Final Exam Guide - Everything you need to know! (116 pages long)


Department
Marketing and Consumer Studies
Course Code
MCS 3040
Professor
Joseph Radocchia
Study Guide
Final

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UofG
MCS 3040
FINAL EXAM
STUDY GUIDE

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Monday, September 12, 2016
Introductions to the Law
MCS 3040
Chapters 1,2
Intro & Terminology:
What is Law?
set of rules we have to follow
established by government
to protect, discipline, organize or control a group of people
framework of how to conduct ourselves and others in a civilized society
mechanism to provide a solution
Rule of Law: no-one is above the law, everyone is equal before the law
provides you with freedoms (solutions to conflict, disputes, rights)
“In theory”
Exceptions - diplomates (subject to their own laws), thoughts unless acted upon
ex. Removing a judge as a judge
made very horrible comments during a course of a trial
But he is still subject to the law, he may be removed from his position
Substantive Law: What is at the heart of the issues
public law - our relationship with the state/government
ex. tax law, criminal law, immigration law
private law - our relationship with each other (individuals & corporations)
ex. family law, contract law, tort law (unintentional cause of harm), business law
some laws can have aspects of both private and public law
ex. I punch you in the nose (criminal law & tort law)
Procedural Law: The mechanism or process to deal with the situation. Gives the steps to bring
your case forward in a proper legal manner.
Liability: Who is responsible, who is at fault when something goes wrong
Criminal Liability - responsible for your criminal actions, determined by the crown (state),
criminally responsible beyond reasonable doubt (approaching absolute certainty)
less than 5-10% of people charged go to trial
Civil Liability** - anything not criminal in nature (contract law, tort law, family law),
determined by you. You are responsible to show that there was a wrong doing. Balance of
probabilities.
ex. contract violation - you must show Joe owes you money
Regulatory Liability - imposed by crown, but not criminal in nature.
!1
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Monday, September 12, 2016
ex. speeding (private traffic act), polluting (environmental protection act)
Origins of Canadian Law:
1. English Common Law
Courts of Common Law and Courts of Equity merged in 1865
People found that courts of common law were too rigid, you couldn’t get the remedy that
you were seeking. When we sue, we sue for money (damages). So when the remedy
didn’t fit the damages… we had a problem! So they created courts of equity, with a remedy
of specific performance (eg. do your end of the bargain).
Now we have one court, called the Ontario Superior Court of Justice, which is a court of
common law and equity.
2. French Civil Law/Code
Quebec Civil Code - non-criminal law is unique in Quebec, like a master-plan. It has
disadvantages (might not answer everything) and advantages (precedent)
3. Aboriginal Law
Common Law: A combination of all judges ruling over time. A collection of all decisions over-
time since 1200 AD. Every new decision becomes part of this, we rely on it.
Magna Carta - Rule of Law originated from this document
Precedent - Past court decisions that become referral for future courts. Following
precedent is called “Stare Decisis" in latin. There is some flexibility though, if they can
distinguish their case they can not follow precedent.
You must follow precedents that are from courts above yours, but if it is from a court at
your level, you don’t have to follow it.
Advantage - provides uniform procedures, you know what you can rely on.
Who Makes Law?:
1. Government
2. Courts
3. Administrative Tribunals/Boards/Bodies
like courts, but are created by gov’t and usually only have one purpose
ex. immigration board
Government: Legislation, act, code, bill, statute, can all be used as terms for gov’t laws
Acts create the framework of law, but how it actually works on the law is elsewhere
Regulations relate to the acts, that flush out how the laws will work.
By-law
The Constitution Act of 1867 — document that created Canada’s Nation. Constitution
reflects the morals and values that we wish to have to govern ourselves. Reflects the
values of the society through the document. Constitution is entrenched, meaning it is
rooted and can’t be easily changed. Municipal Government and territorial governments did
not exist when this was created, so provincial governments create them.
There is a division of powers, federally and provincially
Provincial - property, civil rights, health care etc. (section 92 & 93)
Federal - criminal, military, immigration etc. (section 91)
!2
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