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Study Guide

[Law 2101] - Final Exam Guide - Everything you need to know! (97 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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Law 2101 – Intro to Law – What is Law?
The publicly prescribed rules that we must follow, failing which we may suffer some adverse
consequence
A reflection of common values society
The process by which disputes are resolved
Sources of Law
Statues – broad and broadly applicable rules passed by legislatures
oHighly diverse
oCan be enacted in anticipation of future events – parliament can proactively create
statutes
oPassed by governments
Regulations (subordinate legislation) – detailed rules refining, applying, or further describing
broad statutory statements
oPassed by governor-in-council (Cabinet)
oFlexible, easily hidden – regulatory power given to cabinet to change rules, i.e. despite
overtime pay being regulated by Ontario Employment standards stating overtime is in
excess of 40 hours, certain seasonal employees must work over 50, does not apply to a
firefighter, fishing/hunting guides, etc.
Common law / case law – court rules, based on decisions resolving particular disputes
oEach decision determines the law as it applies to that dispute and in theory helps
determine the law applicable to other similar matters
Based on stare decisis – idea that like cases should be decided alike
Court decisions guide the determination of future similar matters by court
Constitution – supreme law of the country, to which all other laws must conform
oVery broad statements of general principle that are given concrete applications by the
courts
Other – i.e. international law
Law Makers
Federal governments - can make laws that apply across the country
oAuthorized to make laws respecting matters assigned to it by Constitution Act 1867
oAlso technically responsible for government of the territories
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i.e. national defence, postal services, criminal law
Provincial governments - laws apply only within provinces
oAuthorized to make laws, respecting matters assigned to it by the constitution act, 1867
Municipal government – laws only apply within municipality
oAuthorized to make laws only respecting matters assigned to it by provincial
government
Judges – appointed, make law in course of resolving specific disputes
oDo not usually just make up law, guided by precedent, statute, constitution
oIndependent and impartial as possible
Divisions of Law
Public vs Private
oPublic – law relating to relationship between individual and society and the powers of
various levels of government (i.e. constitutional law, criminal law)
oPrivate – law relating to relationship between private individuals, corporations, other
entities (i.e. torts, contracts, family law)
Civil vs criminal
oCivil – private lawsuit between individuals etc.
oCriminal – prosecution by government to enforce a public law
Civil law vs common law
oCivil law can also refer to private law system in Quebec based on civil code
oCommon law = whole body of decisions rendered by courts in particular matters (private
and public)
Applies to private law matters outside of Quebec
Applies to public law matters everywhere across the country
Substantive vs Procedural – generally, laws dictating how rights can be enforced vs laws
dictating how rights can be enforced
Common law vs equity – no longer any official division, but equitable doctrines continue to have
importance
oi.e. trusts
ocommon law courts started developing rigid, technical rules; many people lost because
they did not comply with obscure technicalities
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