lecture 1 - OneNote Online Introduc䛋퀀on Wednesday...

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Unformatted text preview: 4/15/2016 OneNote Online Introduc䛋퀀on Wednesday, January 6, 2016 4:59 PM [email protected] Retribu‰‰on‐ Punishment for a crime. Payment is one punishment for one's crimes or even solitary confinement Distribu‰‰ve‐ Reflects our social values such as equality and fairness. Equality is when all members of society are allowed to par‰‰cipate in acquiring goods if they put the equal amount of work for it. Efficiency‐ A lot of laws makes sure that commerce can run smoothly and then it benefits for society Reasonable‐ MOST IMPORTANT WORD IN LAW Many laws are geared towards being reasonable towards all par‰‰es affected Sources or Origins of Law Law as a code. E.g 10 Commandments, Code of Hammara‰‰ Civil Code or Civil Law Legal System: Set of rules that are in a book. Most of Europe operates within the Civil Code. The dis‰‰nc‰‰on is England Important note: Civil law has TWO DISTINCT MEANINGS. The first defini‰‰on is another system of doing law. Quebec and many many parts of Europe runs under the Civil Law(Code) system. The second defini‰‰on of civil law is used with conjunc‰‰on with terms like civil court, civil ac‰‰on in the common law system The most important feature of French civil law is its Central Code‐ a list of rules stated as broad principles of law that judges apply to the cases before them. People who want to know the laws will refer to this book. England, U.S and Canada with dis‰‰nc‰‰on of the province Quebec uses the Common Law Feudalism‐ A hierarchy based system. E.g From the Kings to the Lords to the Earls to the Sheriffs to the Serfs. The King is at the top while the Serfs are at the bo㔠ㄭom Common Law Legal System‐ Some‰‰mes called "judgement made law". Based of millions of books based of the best cases Supreme Court of Canada> Provincial Courts of Appeal > Superior Courts of Jus‰‰ce Stare decisis‐ Cases decided on previously decided cases A no‰‰ceable disadvantage of stare decisis would be that a judge would have to follow the decision of the pervious judge's case even if the social aUtudes have changed. Thus, this results in an inflexible system. The system is anchored to past decisions with very limited capacity to make correc‰‰ons or make adapta‰‰ons to meet modern needs. Chance of cases going to trial!! Chances of a case Being se㔠ㄭled https://brocku­my.sharepoint.com/personal/jb14go_brocku_ca/_layouts/15/WopiFrame.aspx?sourcedoc={14FED323­8280­4DC8­BA05­ED120414BDAE}&file=… 1/5 4/15/2016 OneNote Online Courts of Equity Statutory Law‐ Imposed by Governments not by Judges. Municipal, Provincial and Federal and make their laws in their respec‰‰ve areas. However, Provincial laws can override Municipality Laws and so can Federal Laws Cons‰‰tu‰‰on‐ Bri‰‰sh North America Act( 1867) ‐5.91 > areas of federal jurisdic‰‰on ‐5.92> areas of provincial Prime Minister Trudeau( The First One)‐ Created the Cons‰‰tu‰‰on Act(1982) which includes: BNA Act> Amending formula Canadian Charter of Rights and Freedoms Conven‰‰ons, which are unwri㔠ㄭen rules dicta‰‰ng how the government is to operate https://brocku­my.sharepoint.com/personal/jb14go_brocku_ca/_layouts/15/WopiFrame.aspx?sourcedoc={14FED323­8280­4DC8­BA05­ED120414BDAE}&file=… 2/5 4/15/2016 OneNote Online Case Law on Cons‰‰tu‰‰on issues, e.g Whether the federal or provincial government has jurisdic‰‰on to create certain statutes The client would get their full funding a㤷㔠er these Two measures of damage "not withstanding clause"‐ A method to pass laws. Take more notes about this Quebec implements the "not withstanding clause" allows Parliament or provincial legislatures to override certain por‰‰ons of the Charter. It was, and con‰‰nues to be, perhaps the most controversial provision of the Charter. Bases of Liability ‐You are liable because: 1. Fault 2. Vicarious Liability: if you are an employer, you are responsible for the ac‰‰ons of your employees Reasons: We want to create an incen‰‰ve for employers to ensure they properly train the employees 3. Strict Liability: Depends on the business you are in. E.g Working with explosives. They make a mistake, no explana‰‰on, you are at fault regardless of how unavoidable or unforeseeable the accident was 4. No fault: The person who is at fault's insurance would tradi‰‰onally pay for the person who is at fault. However, the insurance companies realized that it's be㔠ㄭer to pay for their respec‰‰ve clients fault regardless of who is at fault. Measures of Damages 1. Special Damages‐ Easy to quan‰‰fy in monetary terms. These are used to cover specific costs and expenses that have been incurred to a vic‰‰m of a breach in contract by an opposite party. Ex. Loss in wage, repairment costs etc. etc. 2. General Damages‐ Hard to quan‰‰fy. Non‐monetary es‰‰mates 3. Puni‰‰ve Damages‐ Damages designed to punish. They tend to be very minor and associated with discrimina‰‰on cases. You cannot be rich of this funding in Canada. For example, jail ‰‰me or community service Torts A tort is when one person causes an injury to another, harming his or her person, property or reputa‰‰on. Tort law compensates vic‰‰ms while deterring wrongful conduct by making the defendant pay for damages. Tort is a civil or social wrong Tort law is Also a common law subject But Torts differ from crimes. Harmful conduct that is so serious that it poses a threat to society generally is said to be a criminal act and are dealt in criminal courts. A tort is a more priva‰‰zed misconduct problem and the vic‰‰m is compensated and are dealt in civil courts. However, a person can be sued for tort and crime. The vic‰‰m suffered from a crime is NOT COMPENSATED THE VICTIM MUST PROVE THAT THE DEFENDANT INTENTIONALLY WANTED TO HARM HIM/HER IN ORDER TO WIN A https://brocku­my.sharepoint.com/personal/jb14go_brocku_ca/_layouts/15/WopiFrame.aspx?sourcedoc={14FED323­8280­4DC8­BA05­ED120414BDAE}&file=… 3/5 4/15/2016 OneNote Online TORT CASE OR BREACHED HIS DUTY OF CARE A Tort is also different from a breach of contract. An act that breaches a contract may not be inherently wrong. However, the contractual rela‰‰onship makes the viola‰‰on of its terms unacceptable. In other words, a contract is when two par‰‰es promise to do something for the other party. A breach of contract is when one party breaks the contract Inten‰‰onal Torts There are many types of inten‰‰onal torts: 1. Assault 3) Trespassing 2. Ba㔠ㄭery 4) False Imprisonment 5. Inten‰‰onal emo‰onal distress What all these torts have in common is that the person who did this torts had an inten‰‰on of causing harm to the vic‰‰m Torts is a la‰‰n word meaning knots 1. Assault‐ An assault can be an a㔠ㄭempted ba㔠ㄭery that's incomplete. For example, where I pull a gun that is not loaded on someone(The person doesn't know whether the gun is loaded or not) and pull the trigger. 2. Ba㔠ㄭery‐ The inten‰‰onal ac‰‰on to make unwanted physical contact to a vic‰‰m. Pa‰‰ents can sue the doctor for ba㔠ㄭery if they make a mistake on the opera‰‰on or give them the wrong type of medicine. However, the Doctor avoids this by making the pa‰‰ent sign an informed consent An unwanted kiss is an example of Ba㔠ㄭery The defense to Ba㔠ㄭery is Consent. For instance, doctors make their clients sign a consent form so they cannot sue them for Ba㔠ㄭery if they make a mistake by accidently harming the individual. 3. Trespass‐ An invasion of someone else's property without the owner's consent or permission. 4. False Imprisonment‐ A person removing the rights of an individual to move against his/her will. So the person is restrained against her will without a lawful excuse Another defense to inten‰‰onal torts is Self‐Defense Lastly we have Defama‰‰on as an example of Inten‰‰onal Torts It is a published false statement that hurts another person's reputa‰‰on. For a statement to be sued for Defama‰‰on it must be derogatory, false, published and intended to the plain‰‰ff. Note that a complimentary statement is not defama‰‰on even if it is false. https://brocku­my.sharepoint.com/personal/jb14go_brocku_ca/_layouts/15/WopiFrame.aspx?sourcedoc={14FED323­8280­4DC8­BA05­ED120414BDAE}&file=… 4/5 4/15/2016 OneNote Online Defama‰‰on can either be libel or slander Slander is spoken defama‰‰on Libel is wri㔠ㄭen defama‰‰on The apology of the publisher of doing Defama‰‰on will reduce damage costs Statute is just another name for law The Charter is part of the Cons‰‰tu‰‰on. All statute law has to comply. The law has to comply with the charter. Examples of democra‰‰c laws: ‐Right to vote ‐ Mobility rights: ‐Right o work in any province in Canada Legal rights: ‐Right for a fair trial inequality rights: ‐ Give examples of three other types of rights protected under the Charter. Freedom of expression Freedom of religion Freedom of associa‰‰on How does the Charter relate to the cons‰‰tu‰‰on law Example of how the charter trumps statue law E.g Basically, the government cannot pass laws if it cannot abide the cons‰‰tu‰‰on What limita‰‰ons are there on the right of self‐defense when people are defending themselves against an assault? You cannot just kill the person What are the necessary elements that must be present for a person to be classified as a trespasser? Being on someone else's property without their consent. Various forms of imprisonment Confinement Arrest: You are pulled over for speeding. You cannot just randomly speed away. Submission to authority https://brocku­my.sharepoint.com/personal/jb14go_brocku_ca/_layouts/15/WopiFrame.aspx?sourcedoc={14FED323­8280­4DC8­BA05­ED120414BDAE}&file=… 5/5 ...
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