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MTHEL 100 Pre-midterm Notes Includes lecture and textbook notes covering everything up until the midterm of Fall 2010 (Chapters 1-6).

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University of Waterloo
COMM 231
Joseph Radocchia

MTHEL 100 Fall 2010 PreMidterm Notes Combined lecturetextbook notesstthIncludes everything before the 1 midterm using the 12 edition of the textbookChapter 1 exceptPage 3 How is Law Linked to Morals and Ethics to the end of Page 9 Chapter 2 exceptPages 2829 The System of Courts in EnglandPages 3233 The System of Courts in the United StatesPages 4041 Legal Aid Chapter 3 exceptPages 6162 The Relevance of InsurancePage 72 Managing Legal Risk Chapter 4 exceptPage 89 The Role of Professional Organizations to Page 94 the end of Chapter 4 Pages 101103 Chapter 5 up until Standard Form Contracts Pages 105107 Chapter 5 The Lapse and Revocation of an Offer Page 115 Chapter 5 the definition of promisor and promisee Pages 123128 Chapter 6 up until Gratuitous Reduction of a Debt Chapter 1Law Society and Business LawyersClients information is privilegedconfidential Rule of LawNobody is above the lawestablished legal principles that treat all persons equally and that government itself obeysLawSet of rules governing the behaviour of society Law is needed to protect persons property and society as a whole it prohibits conduct that society believes to be harmful to othersIt prescribes simple but vital rules that allow us to get on with our everyday lives Human RightsRecognized entitlements encompassing traditional freedoms associated with civil liberty and basic human necessities Public LawRelationship between society and governmentcriminal tax immigration law Private LawRelationship between individuals how they interact with each othercivil family tort business contract law Private RightsIndividual rights arising from private law Civil LiabilityNo risk of jail monetary gain Criminal LiabilityDo something with intent can go to jail Constitution Act of 1867 formerly BNAthe basic law from which all other laws draw their powerS91FederalForeign affairs national defence currency immigrationS92ProvincialEducation HealthFederal has residual power paramountcyFedProvincial Ultra ViresStepped outside jurisdictionif an act is found to be ultra vires the act is void Intra ViresWithin jurisdiction Concurrent PowersBoth governments can pass laws LegislationActStatueSynonymsLaw passed by government Subordinate LegislationRules passed under authorization of a statue by a body designated in the statue such as the federal or provincial cabinet or by an administrative bodyrules referred to as regulations Administrative RulingsRulings made by administrative tribunalsboards RegulationsRules pertaining to a legislationeg Demerit points fine amounts
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