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Introduction

to the Study of Law


Professors Lisa Dufraimont and Erik Knutsen
(2014)

What is Law?
A body of rules and principles
Laws governs conduct and can be enforced
Laws bind individuals

e.g., an offender can be punished through criminal law, or a


tradesperson may owe damages for breaching a contract

Laws also bind institutions

e.g., a government may be required to act (or refrain from


acting)

Substance vs. Procedure


Substantive Law
governs rights and
obligations in the world

Procedural Law
governs legal processes

property, torts, contracts

how a case moves through


the courts

criminal law

civil procedure

family law

criminal procedure

corporate law

evidence

Public vs. Private (Civil) Law


Public Law

Private (Civil) Law

individuals rights with the state

rights between individuals

criminal law

tort law

constitutional law

contract law

administrative law

property law

Private and Public Wrongs


Civil Wrongs Torts

Criminal Offences

private (2 individuals)

public (state vs. individual)

goal is to compensate

goal is to punish and deter

proof: balance of

proof: beyond a reasonable

probabilities
6 jurors

doubt
12 jurors

plaintiff vs. defendant prosecutor vs. accused

Example: Lac Mgantic

Learning the Law


case method:

stare decisis (like cases decided alike)

precedent

participation
skills
the point methodology

process, not rules


note taking and active listening

Learning the Law in Class


come prepared (read, digested, ready to participate)
cases will be discussed in your classes

the material in the cases are the means through which

the lawyers thinking process evolves


often not just about getting the rule
about how do I use these materials as a lawyer?

(analysis and analogic reasoning)

How to Read A Case


1. Who are the parties?
2. Court, Jurisdiction and Date of Decision

When and where was it heard? Trial or appeal court?

3. Procedural History

What happened before? Trial or appeal?

4. Material facts (what happened?)

The facts that are necessary to apply to the legal rule

5. Issues (what is the dispute about?)


6. Legal rule applied or created by the court
7. Holding (what did the court decide? Who won? Any
8.

dissent?)
Reasoning (why did the court reach its decision?)

The Canadian Legal System


(a quick trip)

Courtroom Characters
Criminal Case

Civil Action
Plaintiff
Defendant
Lawyers:
advocate for one party
inform Court about facts
AND law

Judge
Jury (sometimes)
Witnesses

speak to what happened

The Queen
Accused person
Crown prosecutor:

represents public

Defence lawyer:

advocates for accused

Judge
Jury (sometimes)
Witnesses

victim may be one

Sources of Law
1. Constitution (and Charter)
2. Legislation
federal
provincial

3. Case law
interpreting the Constitution
interpreting legislation
common law

Supreme Court of
Canada

Court of Appeal for


Ontario

Federal
Court of Appeal

Ontario Divisional
Court

Ontario Superior
Court of Justice

Government Agency
Decision

Ontario Court of
Justice

Federal Court
(Trial Division)

Weight of Law
1. Legislation
2. Supreme Court of Canada

Binding

3. Ontario Court of Appeal


4. Ontario Divisional Court

Binding or Degree
of Persuasiveness

5. Ontario Superior Court


6. Decisions from other Canadian

provinces
7. Foreign decisions

Persuasive Only

Civility, Collegiality, and


Respect

important values of litigators

my Friend, gowns

sense of decorum in court

duty to inform the Court of the law (even that law


not helpful to your case)

no duty to inform the Court of unfavourable facts

guided by Rules of Professional Conduct

Law Society of Upper Canada

Dos and Donts of


Succeeding in Law School
Dont be distracted by competition
work with others you will all benefit
there is room for everyone to succeed
the grade curve will take care of itself

Do think for yourself


be skeptical of law school rumours about

what professors or employers want


learn to exercise your own judgment

Dos and Donts of


Succeeding in Law School
Do work hard, and consistently
Do try to be engaged, interested,

curious, even excited about law


Do become actively involved in the

life of the school


Do know the law and have an

opinion and know the difference

Legal Analysis and


Legal Reasoning
the fundamental law school skill;
case analogy :
compare and contrast facts and law
how will a principle derived from a case (or set of cases)

prompt a future court to react?


how is your case distinguishable from opposing

counsels use of the same case? (remember: opposing


parties will be trying to rely on the same case but to get
opposite results!)
make your reasoning/thinking crystal clear.
most important to explain why a case is applicable.

Who Are Your Professors?


legal academics;
teaching (40%), research (40%), service

(20%);
explore the boundaries of law through:
academic research (publications),
presentations;
lawyer, judicial, and community education;
pro bono work.

Enjoy Law School!

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