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Final

Law 2101 Final: Complete and Comprehensive 64 Page Final Exam Study Guide - Fall 2015Premium


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

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Law 2101 – Introduction to Law
Final Exam Study Guide
University of Western Ontario – Fall 2015

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LAW 2101 – Lecture 2 – Introduction to the Legal System
What is Law?
oThe publicly prescribed rules that we must follow, failing which may suffer
some adverse consequence
oA reflection of common values of society
Not every law does this directly
oA process by which disputes are resolved*
Sources of Law
oStatutes
General and broadly applicable rules passed by legislature
Federal or provincial
E.g. “you must provide a safe workplace”
Highly diverse
Can be enacted in anticipation of future events
Historically, common law was primary
oRegulations (‘subordinate legislation’)
Detailed rules refining, applying or further describing broad
statutory statements
Passed by Governor-in-Council
Legislature authorizes Governor-in-Council, therefore not
necessarily passed by legislature
Flexible, easily hidden?
Easily changed
E.g. “you need to wear gloves when manufacturing x”
E.g. Employment Standards Act states you get overtime over x
hours, though the threshold itself says if another threshold is
prescribed, that prescribed threshold
Can also be interpreted as unless Cabinet says you don’t
oCommon law/case law
Arguably the most important
Historically, few statutes
‘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 other similar
matters
Based on principle of stare decisis, the idea that like cases
should be decided alike
Court decisions guide the determination of future similar
matters by court
oConstitution
Supreme law of the country, to which lal other laws must conform
Very broad statements of general principle that are given concrete
application by the courts
oOther
E.g. International Law
Relations between countries

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Law Makers
oFederal government
Can make laws that apply across the country
Authorized to make laws respecting matters assigned to it by the
Constitution Act, 1867
E.g. national defence
Also technically responsible for government of the territories
oProvincial governments
Laws only apply within the province
Authorized to make laws respecting matters assigned to it by the
Constitution Act, 1867
E.g. healthcare
oMunicipal governments
Laws only apply within the municipality
Authorized to make laws only respecting matters assigned to it by
provincial government
Must be delegated these responsibilities
Often for local matters
oAboriginal governments
Authority to make some rules that apply to some matters for
certain territories
oJudges
Not elected, appointed for life
Make law in the course of resolving specific disputes
Do not (usually) just make up law
Guided by precedent, principle, statute and constitution
Independent and as impartial as possible
Finding the Law
oStatutes and regulations
Published in hard copy and also available online
For federal see www.laws.justice.gc.ca/en
For Ontario see www.e-laws.gov.on.ca/index.html
For London bylaws see www.london.ca/d.aspx?s=/By-
laws/default.htm
oCase law
Sometimes published in hard copy and/or available online
For online see www.canlii.org
Divisions of Law
oPublic vs. private
Public: law relating to relationships between the individual and
society an the powers of various levels of government
E.g. constitutional law, criminal law
Private: law relating to relationship between private individuals,
corporations and other entities
E.g. torts, contracts, family law
oCivil vs. criminal
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