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Introduction To Canadian Law - 1
Introduction To Canadian Law - 1
Introduction To Canadian Law - 1
Canadian Law
Peter Bowal
Barrister and Solicitor
Professor of Law
Haskayne School of Business
University of Calgary
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About the Instructor
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This Course
Significant prescribed reading
text and judicial decisions
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HOW TO SUCCEED in this course:
Read all the course material
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In this Part . . .
Introduction to our legal system:
what is law and our legal system
purpose of law/legal system
sources and categories of law
judges and courts
common law system and how it works
the civil litigation process and other methods
of resolving disputes
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Learning Objectives
Appreciation of the role of law in business
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DEFINING LAW:
Five elements:
Set of rules / prescriptions for human conduct
Made by a public law-making authority
General application
Enforcement by the state
Sanctions
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LIMITS OF THE LAW:
Unintended consequences: Askov
Law cannot fix all our social problems
Limitations of the written word
what does it mean in a specific situation?
Enforcement limitations
Case Study:
Becker v. Pettkus
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THE LEGAL SYSTEM
Law plus:
Institutions/facilities
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CORE PRINCIPLES OF THE
CANADIAN LEGAL SYSTEM
Startingpoint of the Constitution
Rule of Law
Personal autonomy
Transparency
Controls on state (governmental) power
Non-retroactivity
Content and process of law = moral
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CORE PRINCIPLES OF THE
CANADIAN LEGAL SYSTEM
Certaintyand predictability
Independence from government
of judges
of lawyers
No contradictions
Formality and decorum
Justice: means are as important as the ends
Compliance must be possible
Appeals
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CATEGORIES OF LAW
Substantive vs. procedural
what the law is vs. how to use the law
Public law
government always a
party in the public interest
Private law
most business law is private law
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Categories of Law
World Legal Systems
[see University of Ottawa website]
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Meanings of Common Law
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Legislation
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Legal Jurisdiction
Delineates power of legal authorities
(eg. police, courts, legislatures have power defined by
jurisdiction)
Acting outside jurisdiction = error of law
Courts:
standing (locus standi)
geographical/territorial (judicial districts)
time (limitations periods)
original vs. appellate
monetary vs. substantive
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Hierarchy of Courts with Jurisdiction in each Province
Court of Appeal
- does not hear facts again (ie. legal issues only)
- normally sits in "panels" of judges
Provincial Court
Traffic Family/Youth Criminal Civil
monetary limit
varies
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Courts in Calgary
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Reporting of Judicial Decisions
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Finding Law
Law libraries accessible to the public in Calgary
(all offer reference services during business hours):
Faculty of Law, University of Calgary
Law Society Library, 5th floor, Calgary Courts Centre
Calgary Public Library (basic collection)
Good free online sources: www.canlii.org
City of Calgary webpage (Bylaws)
Alberta courts: http://www.albertacourts.ab.ca/
Supreme Court of Canada:
http://scc.lexum.umontreal.ca/en/index.html 29
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Briefing a Case
FILAC:
Facts
Issues
Law
Analysis
Conclusion
[any other comments/observations?]