Type of Legal Defenses
Even in cases of intentional tort, the defendant may escape liability as a result of several defenses:
Contract Law: Process, Components, Methods
The Importance of Contracts Everyday, consciously or unconsciously, you enter into a number of contracts. In fact, without contracts our modern world would quickly grind to a halt. What is a contract? A contract is simply an agreement or promise between two or more parties (people, partnerships, companies or governments) that the law will enforce.…
Estate Law Summary: Inheritance
Death, of course, has major implications for families. When a person dies all their assets transfer to the heirs. Under our law there are two ways for this to happen: By a will – a written expression of the person’s intention for his/her property; or By operation of law where no will exists. Wills (provincial…
Purpose and Function of Laws
LAW is a set of rules of conduct, established by government, for all members of society to obey and follow. The Function of Law 1. Regulates conduct- acts as a deterrent i.e. if you do “x” you face punishment “y”. 2. Avoids or Settles disputes – Contract law sets out rules for making & enforcing…
The Matrix of Jurisprudence
Jurisprudence Juris- of law or of right Prudens/Prudentia-knowledge or skill of the law. Science or Philosophy of the Law Dealing with concepts, principles, notions of legal thought Look below surface of laws, court decisions and legal institutions Historical and Philosophic Roots Legal Matrix= Puzzle Interlocking Concepts, theories, principles and institutions. Law more than just rules…
Introduction to Law Terms
SUBSTANTIVE LAW: Consists of laws that list the rights and obligations of each person in society. PROCEDURAL LAW: Is the process of the law; outlines the steps in involved in protecting the rights given under substantive law. PUBLIC LAW: Controls the relationship between the governments and the people who live in society. Main types: criminal,…
Philosophers of Law
If good is to be rewarded and evil is to be punished, how do we define good and evil? Should we be obeying the law no matter what the content? What if the law itself is evil? The philosophers we will be looking at are a few of the influential thinkers of their day. Ancient,…
Positive Law: Thomas Hobbes, Jeremy Bentham, John Austin
During the 16th and 17th centuries, England was consumed by religious, political, and social upheaval that included a civil war and the beheading of a king. It was a period of extreme violence, fear, and lawlessness. The theory of natural law – that law is based on divine revelation and that it was put in…
Legal Formalism & Conservatism
In the eighteenth century, the famous British jurist, Sir William Blackstone (1723-1780) pronounced that judges do not make the law, they merely “find” it. This comment represents an attitude toward the law that grew in strength in Britain and the United States in the nineteenth century and persists today, especially in Britain and, to some…
FREEDOM: THE STRUGGLE FOR CIVIL LIBERTIES
Civil Liberties in the Constitution Civil liberties are constitutional provisions, laws, and practices that protect individuals from governmental interference. Found primarily in the Bill of Rights. They protect us from the government. Civil rights are guarantees by government of equal treatment to all citizens. (The word equality does not appear in the Constitution.) Constitutional liberties…
Different Conceptions of Justice
Justice as Retribution Retributive justice is based on belief those who break the law should be punished severely Many who believe in this also believe that the punishment should fit the crime- long standing biblical principle: And he that killeth any man shall surely be put to death… And if a man cause a blemish…
Ontario Human Rights Code
Overrules all other Ontario legislation unless that legislation states that the Human Rights Code does not apply Provides civil remedies, not criminal penalties People found to have engaged in discrimination can be ordered to compensate an individual or make changes to the way they conduct their affairs. Scope of the Code – What does the…
Eldridge v. British Columbia (Attorney General) (SCC, 1987)
Summary of Facts: Hospital Insurance Act and the Medical and Health Care Services Act. Neither program provides funding for sign language interpretation for the deaf. All of the appellants were born deaf and use sign language as their preferred means of communication. The appellants claim that without the use of an interpreter, they are unable…
Reaching a Verdict, Sentencing and Releasing
Reaching a verdict After the Crown and defence make their cases, it is time for the judge and/or jury to reach a decision about the guilt of the accused Charge to the jury: judge reviews the law applying to the case, how certain evidence should be weighed, there needs to be intent etc. Deliberation Jury…
Arrest: Types of Arrest, Being Arrested
The purpose of Canadian law: to protect Canadian society by trying to balance investigative/arrest rights of the police with the individual rights and freedoms of society. To arrest someone, the police must: Determine that an offense has been committed Have reasonable grounds to believe that the suspect committed the offense 3 ways to apprehend: An…
What is a drug? Drug offences, possession, crimes
What is a drug? Any substance that by its chemical nature alters structure or function in a living organism Legal – tea, coffee, coca cola, aspirin, Illegal – cocaine, LSD, heroin Controlled Drugs and Substances Act Enacted in 1997 Criminalizes possession of, and trafficking in, of a variety if illegal and controlled drugs Schedule I:…
Tort and Negligence
Negligence: Act is unintentional Act is unplanned Act results in an injury Intentional tort: a person deliberately causes harm/loss to another person (trespassing, causing a nuisance, defaming property). It must include – Intent Foreseeability (realization that an accident could occur) Elements of Negligence Duty of care: a legal obligation to not harm other people or…
What is the Electoral College?
Summary: Americans elect the President and Vice-president through a method of indirect popular election. On November 2, 2004, voters cast their ballots for a presidential candidate. However, votes actually count towards a group of electors who pledge to vote for a specific candidate when the Electoral College meets in December. The “Electoral College” is the…
Sentencing, Appeals, and Prison
– Imposing a sentence is a difficult thing to do as there must be a balance between what is best for society and for the guilty party – After sentencing the party can appeal in a higher court – There are two ends to the pendulum . . . punish them … and treat them…
Democracy vs. Autocracy
Beliefs Central to Democracy: Decisions should reflect the will of the majority Government is limited in its power and must respect people’s rights Citizens should have a voice in decision-making All citizens should have a sense of responsibility to other people and the community Citizens should have a sense of what is socially just (good/fair…