Introductionto the Study of Law
Professors Lisa Dufraimont and Erik Knutsen(2012)
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
· property, torts, contracts
· criminal law
· family law
· corporate law
Procedural Law
· governs legal processes
· how a case moves through the courts
· civil procedure
· criminal procedure
· evidence
Public vs. Private (Civil) Law
Public Law Private (Civil) Law
· individual’s 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 doubt
· 6 jurors · 12 jurors
· plaintiff vs. defendant · prosecutor vs. accused
Example: BP Oil Spill
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 Case1. 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 court7. Holding (what did the court decide? Who
won? Any dissent?)8. Reasoning (why did the court reach its
decision?)
The Canadian Legal System
(a quick trip)
Courtroom CharactersCivil Action
Plaintiff Defendant Lawyers:
advocate for one party
inform Court about facts AND law
Judge Jury (sometimes) Witnesses
speak to what happened
Criminal Case
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
Ontario Superior Court of Justice
Ontario Court of Justice
Federal Court of Appeal
Federal Court (Trial Division)
Ontario Divisional Court
Government Agency Decision
Weight of Law
1. Legislation2. Supreme Court of Canada3. Ontario Court of Appeal4. Ontario Divisional Court5. Ontario Superior Court6. Decisions from other
Canadian provinces7. Foreign decisions
Binding
Binding or Degree of Persuasiveness
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 Don’ts of Succeeding in Law
School Don’t 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
Don’t become superstitious Be skeptical of law school lore about
what professors want, what employers are looking for…
Dos and Don’ts 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 andLegal 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 counsel’s 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!