Study Guides (238,353)
Canada (115,095)
Commerce  (94)
COMM 231 (35)

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

18 Pages
Unlock Document

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 BusinessLawyersClients 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 Constitution reflects who we are as a peoplevalueprotects usgives us rights sovereignty Charter of Rights and FreedomsCant be taken awayAny change in the Charter must obtain the consent of the Parliament of Canada and the legislatures of at least twothirds of the provinces containing at least 50 percent of the population of all the provincesBurdenThe requirement that unless a party can establish facts and law to prove its case it will loseThe charter is only in affect between government and the publicdoes not apply to corporations or places such as publically funded universitiesS52Supreme LawAll other laws can not violate thesupreme law the constitutionS1Government can pass laws restriction rightsfreedoms as long as the law is for the greater goodS2Fundamental FreedomsFreedom of expressionspeechfundamental rightsreligion association expression speech protestS3Democratic RightsvotingS6Mobility RightsLive work wherever in Canadahave the right to enter remain in and leave CanadaLegal Rights S710 S7LifeLibertySecurityRight to silencedo not have to testify in courtanswer police questionsNot to be detained without lawful reasonhabeus corpusInnocent until proven guiltybeyond a reasonable doubt greater than 90 less than 100Right to full disclosure
More Less

Related notes for COMM 231

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.