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!