Law 2101 Study Guide - Fall 2018, Comprehensive Midterm Notes - Common Law, Canada, Ontario
Law 2101
MIDTERM EXAM
STUDY GUIDE
Fall 2018
Intro to the Legal System
Readings: LS-2 to LS-17 and online module for how to read and brief a case
Extra Stuff to Clear Things Up
-Parliament (n): the federal institution with the power to make laws, raise taxes, and authorize gov
spending
-Parliament consists of:
1. The Crown
2. The Senate (ppl are appointed by the Governor General) (upper chamber)
3. The House of Commons (ppl are elected bc they received the highest # of votes in their
representative districts) (lower chamber)
-Parliament is Canada's legislature (n): the body of a country/state that has power to make laws
-to become law, a proposed government legislation (aka a bill) is brought to the chambers--usually
House of Commons. The bill is reviewed, debated, examined, amended, and agreed to by both
chambers before it is ready to receive final approval from the Crown
-Canada's Constitution is not found in one single document
-constitution: fundamental laws and principles that outline the nature, functions, and limits of
Canada's system of government, both federal and provincial
-1867 British North America Act brought Canada in being, but didn't incl. all of our constitutional
rules
-Constitution Act 1982 contains the Canadian Chart of Rights and Freedoms and the procedure for
amending the Constitution
-Governor General: acts on the advice of the Prime Minister and the Cabinet & represents the
Crown in Canada & exercises the powers of government that are reserved for the Crown
-Governor-in-Council: consists of the Prime Minister and the Cabinet
-Cabinet: the Prime Minister selects confidential advisors (usually from members of the governing
party) that become the Privy Council aka the Ministry aka the Cabinet
-all governments must be supported by the majority of Members in the House of Commons in
order to make laws
-majority government: supported by the party holding majority of seats in House of Commons -
can make laws without cooperation or consent from opposition parties
-minority government: can make laws only with the assistance of opposition
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 (different laws reflect different standards)
• The process by which disputes are resolved (having a standard procedure creates a fair
system)
find more resources at oneclass.com
find more resources at oneclass.com
• Finding the law:
o Statutes and regulations - published in hard copy or available online
o Case law - sometimes published in hard copy or available online
Sources of Law
• Two major sources are: Common/Case Law (court made) and Statute Law (legislatures)
• Common sources of law
o Statutes by federal parliament or prov legislature:
• Broad and broadly applicable rules passed by legislatures as bills (general rules to
govern an activity)
• Highly diverse (tax laws, criminal laws, liability laws…)
• Good for social change, doesn't rely on past decisions for legitimacy
• Can be enacted in anticipation of future events (ex. Global warming)
• Not a primary source of law, but turning to be a really important one
• Ex: Criminal Code
o Constitution
• Supreme law of the country, to which all other laws must conform
• States only federal and provincial legislative bodies can legislate, but details of
laws are filled in by the cabinet (delegated legislation - see regulations)
• Very broad statements of general principle that are given concrete application by
the courts (freedom of expression don't mean you can vocally abuse others)
o Common law/Case law
• 'Rules' and decisions laid down by the courts
• Slow with confronting rapid social change
• Initially this was the only source of law which builds up over the course of history
• Based on decisions resolving particular disputes
• Each decision determines the law as it applies to that dispute & (in theory) helps
determine the law applicable to other similar matters as precedent
o Based on principle of stare decisis, the idea that like cases should be
decided alike
o Court decisions guide the determination of future similar matters by courts
o Fed/prov regulations (subordinate legislation)
• Detailed rules refining, applying or further describing broad statutory statements
o Ex. "Must have a safe workplace" - regulations define what a safe
workplace is
• Passed by governor-in-council, enacted by cabinet (with no public debate)
• Flexible, easily changed, easily hidden because they are not discussed in public
legislature
o Exceptions to rules are commonly hidden within regulations; statute may
say (a) but regulation may say (b) and give loopholes
o Ex: Overtime pay example, based on occupation - 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.
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Readings: ls-2 to ls-17 and online module for how to read and brief a case. Parliament (n): the federal institution with the power to make laws, raise taxes, and authorize gov spending. Parliament consists of: the crown, the senate (ppl are appointed by the governor general) (upper chamber, the house of commons (ppl are elected bc they received the highest # of votes in their representative districts) (lower chamber) Parliament is canada"s legislature (n): the body of a country/state that has power to make laws. To become law, a proposed government legislation (aka a bill) is brought to the chambers--usually. The bill is reviewed, debated, examined, amended, and agreed to by both chambers before it is ready to receive final approval from the crown. Canada"s constitution is not found in one single document. Constitution: fundamental laws and principles that outline the nature, functions, and limits of. Canada"s system of government, both federal and provincial.
