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Study Guide

[Law 2101] - Final Exam Guide - Comprehensive Notes for the exam (272 pages long!)


Department
Law
Course Code
Law 2101
Professor
Mysty Sybil Clapton
Study Guide
Final

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Western
Law 2101
FINAL EXAM
STUDY GUIDE

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Tuesday, September 15, 2015
Law Legal system module
September 15
Introduction to the legal system
-What is law?
The publicly prescribed rules that we must follow, failing which we may suffer some
adverse consequence
a reflection of common values of society
labour laws to reflect our values
property law to reflect common value
The process by which disputes are resolved
“what is the rule that is going to affect the outcome of this dispute”
law that speaks to when you can sue someone, what information do you have
to give, what court do you have to go to, how do you serve them
-Sources of law
Statues
broad and broadly applicable rules passed by legislatures
highly diverse
can be enacted in anticipation of future events
Regulations(“subordinate legislation”)
detailed rules refining, applying or further describing broad statutory
statements
passed by governor in council (cabinet)
flexible, easily hidden?
because they aren't discussed in public legislature
Regulation example
!1
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Tuesday, September 15, 2015
-Ontario Employment Standards Act
-Part VIII, s.22. (1) An employer shall pay an employee overtime pay of at
least one and one-half times his or her regular rate for each hour of work in
excess of 44 hours in each work week or, if another threshold is prescribed,
that prescribed threshold.
141. (1) The Lieutenant Governor in Council may make regulations for
carrying out the purposes of this Act and ... may make the following
regulations:
1.Prescribing anything for the purposes of any provision of this Act that
makes reference to a thing that is prescribed…
3. Exempting any class of employees or employers from the application of
this Act or any Part, section or other provision of it.
-basically says you get overtime after 44 hours unless cabinet says you
don't
if its packing processing or canning seasonal employee, you get overtime after
50 hours
doesn't apply at all to firefighters, fishing or hunting guide, installing/
maintaining swimming pools,
Common law/case law
-rules laid down by the courts
-based on decisions resolving particular disputes
-each decision determines the law as it applies to that dispute and (in theory)
helps determine the law applicable to similar matters
based on stare decisis the idea that like cases should be decided alike
court decisions guide the determination of future similar matters by courts
Constitution
-supreme law of the country to which all other laws must conform
-very broad statements of general principle that are given concrete by the courts
etc.
!2
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