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Study Guide

Law 2101- Final Exam Guide - Comprehensive Notes for the exam ( 157 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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September 12, 2017
Introduction to the Legal System
Law: publicly prescribed rules that we must follow, failing which we may suffer some
adverse consequences
o Reflects common values of society
o Process by which disputes are resolved
Sources of Law
o Statues:
Broad and broadly applicable rules passed by legislatures
Highly diverse
Can be enacted in anticipation of future events
o Regulations: (subordinate legislation)
Detailed rules refining, applying or further describing broad statutory
statements
Parliament delegation Passed by Governor-in-Council
Flexible, easily hidden? Easily changed
Ex) Regulation Example Ontario Employment Standards Act
these regulations do not apply to: person employed to install and
maintain swimming pools?!
o Common Law/Case Law
Rules laid out by courts
Based on decisions resolving prior disputes
Each decision determines the law as it applies to that dispute and (in
theory) helps determine the law applicable to other similar matters
Base on principle of stare decisis, the idea that like cases should
be decided alike
Court decisions guide the determination of future similar matters
by courts
Persuasive but not binding unless it comes from a higher court
o Constitution
Supreme law of the country, to which all other laws must conform
Very broad statements of general principle that are given concrete
application by the courts.
Charter of Rights and Freedoms
Canadian Constitution Act 1867 (British North America Act)
o Others: ex. International Law (peripheral)
Law Makers
o Federal Governments
Make laws that apply across the country
Authorized to make laws respecting matters assigned to it by the
Constitution Act, 1867
Also technically responsible for government of the territories
o Provincial Governments
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September 12, 2017
Laws only apply within the province
Authorized to make laws respecting matters assigned to it by the
Constitution Act, 1867
o Municipal Governments
Only apply within the municipality
Authorized to make laws only respecting matters assigned to it by
provincial governments
o Aboriginal Governments
To some extent, self-governed
o Judges
Not elected, appointed
Make law in the course of resolving disputes
Do not (usually) just make up law
Guided by precedent, principle, statue, constitution
Independent and as impartial as possible
Finding the Law
o Statues and regulations
Published in hard copy and available online
For federal go online
o Case law
Sometimes hard copy or online
Divisions of Law
o Public vs. private
Public: law relating to relationships between the individual and society
and the powers of various levels of government
Ex) constitutional, criminal law
Private: relating to relationships between private individuals,
corporations and other entities
Ex) torts, contracts, family law
o Civil vs. Criminal
Private lawsuit between individuals vs. prosecution by the government to
enforce a public law (perpensatory)
Prosecution by the government to enforce a criminal law (punitive)
o Civil law vs. Common Law
Civil law can also refer to private law system operating in Quebec based
on the Civil Code
Common 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
o Substantive vs. procedural
Generally, laws indicating what rights people have vs. laws dictating how
laws can be enforced
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find more resources at oneclass.com
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