Study sets matching "law 201"

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Study sets matching "law 201"

LAW 201
Actus Reus
Adversarial System
Appellant
Arraignment
The objective part of a criminal offence, the actual criminal…
System, used in common law courts, whereby the primary respon…
Individual, corporation or other entity who lost at trial and…
Procedure by which the charge is read to the accused in open…
Actus Reus
The objective part of a criminal offence, the actual criminal…
Adversarial System
System, used in common law courts, whereby the primary respon…
Law 201
Constitutional Law
Statutes
Case Law
Private Law
Supreme law of Canada.
Legislation passed by government.
Decisions that judges make.
Individual vs. Individual
Constitutional Law
Supreme law of Canada.
Statutes
Legislation passed by government.
61 terms
Law 201
Constitutional Law
Statute
Common Law
Courts of Equity
Law based on the US constitution and constitutions of various…
Written law
Body of law developed from custom or judicial decisions in En…
Decides controversies and administers justice according to ru…
Constitutional Law
Law based on the US constitution and constitutions of various…
Statute
Written law
121 terms
LAW 201
Canadas charter of rights and freedoms…
What is the role of criminal law?
To obtain a conviction, the Crown must…
the three historical approaches to sta…
fundamental freedoms, such as freedom of expression
1) To prohibit certain acts... 2) to punish those who commit pro…
beyond a reasonable doubt
1) The literal rule... 2) the mischief rule... 3) golden rule
Canadas charter of rights and freedoms…
fundamental freedoms, such as freedom of expression
What is the role of criminal law?
1) To prohibit certain acts... 2) to punish those who commit pro…
217 terms
LAW 201
Corrective Justice
Responsibility
Aristotle
Deliberately Caused Harm
Theory of justice according to which a person has a moral res…
The relationship between the causer and the injured, and ther…
• His model of distributive justice is concerned with the dis…
Premeditated harm is worse than harmful action hat arises fro…
Corrective Justice
Theory of justice according to which a person has a moral res…
Responsibility
The relationship between the causer and the injured, and ther…
law 201
Background on Constitution
Ultimate objective for those crafting…
Strategies:
Marbury v. Madison (1803) overview
• Colonies declare independence: led to declaration (drafted…
- Survive real world challenges... - Empower without threatening…
- Identification of rights and liberties. Legalistic rights (…
First decision by the Supreme court to declare a law unconsti…
Background on Constitution
• Colonies declare independence: led to declaration (drafted…
Ultimate objective for those crafting…
- Survive real world challenges... - Empower without threatening…
Law 201
Assault and Battery
False imprisonment
intentional infliction of emotional di…
defamation
any unexcused and intentional act that causes another person…
an intentional confinement or restraint of another person's m…
an intentional act that amounts to extreme and outrageous con…
a false statement of fact, not made under privelege, that is…
Assault and Battery
any unexcused and intentional act that causes another person…
False imprisonment
an intentional confinement or restraint of another person's m…
134 terms
LAW201
in addition to its names heads of powe…
cause of action (FEQ)
"Persons case" the Canadian constituti…
ratio decidendi (FEQ)
the peace, order, and good government of Canada
legal argument or law that would entitle a plaintiff to a rem…
a living tree
principle/point in the case that determines the judgment
in addition to its names heads of powe…
the peace, order, and good government of Canada
cause of action (FEQ)
legal argument or law that would entitle a plaintiff to a rem…
Law 201
lawyer's duty to client
small claims court
pleadings
components of a case brief
loyalty (no conflict of interest), confidentiality, competence
deals with issue of $25, 000 or less
short summary of the party's view on the case, evidence is no…
facts, issues, ratio/rule, analysis, conclusions
lawyer's duty to client
loyalty (no conflict of interest), confidentiality, competence
small claims court
deals with issue of $25, 000 or less
291 terms
Law 201
Specific bill for terrorism that the g…
States competent lawyer means a lawyer…
- If the information was passed betwee…
4 years of school, but some allow afte…
Bill C-51
Ontario Rules for Professional Conduct Rule 3.1-1
Lawyer- Client Confidentiality
How to Become a Lawyer
Specific bill for terrorism that the g…
Bill C-51
States competent lawyer means a lawyer…
Ontario Rules for Professional Conduct Rule 3.1-1
LAW 201
What is Canada founded upon?
How is law often defined?
Types of rules:
Rule structures:
Principles that recognize the supremacy of God and the rule o…
• System of enforceable rules that governs the relationship b…
General norms or standards of behaviour... • Prohibit certain ac…
• Conjunctive: A, B, and C need to be met... • Disjunctive: A, B…
What is Canada founded upon?
Principles that recognize the supremacy of God and the rule o…
How is law often defined?
• System of enforceable rules that governs the relationship b…
255 terms
LAW 201
Where does law come from?
What is the hierarchy of law?
What is legal reasoning?
What are the five steps to a case brief?
- Constitution *supreme law of Canada. Any law inconsistent w…
Constitution > Statutes > Case Law -- in case law Superior Co…
- Understanding the application of the law.... - Take all sourc…
Facts... Issues... Ratio... Analysis... Conclusion
Where does law come from?
- Constitution *supreme law of Canada. Any law inconsistent w…
What is the hierarchy of law?
Constitution > Statutes > Case Law -- in case law Superior Co…
149 terms
LAW 201
The automatic judgement if a defendant…
order issues by supreme court to revie…
what type of law is laws and decisions…
relevant previous case
default judgement
writ of certiorari
administrative law
case on point
The automatic judgement if a defendant…
default judgement
order issues by supreme court to revie…
writ of certiorari
29 terms
Law 201
Court of Law remedy
Injunction
Recission
Laches
Money
Order to stop doing something/ Undo a wrong
Order to cancel a contract
Statute of Limitation in Court of Equity
Court of Law remedy
Money
Injunction
Order to stop doing something/ Undo a wrong
122 terms
LAW 201
What is the Role of Lawyers?
What are the aspects of the Rule of Law?
Lawyers must balance obligation to the…
What obligations does a lawyer have to…
To protect the Rule of Law.
1. Must be created fairly.... 2. Must be applied equally.
1. Clients... 2. Public
1. Competence... 2. Confidentiality... 3. Loyalty
What is the Role of Lawyers?
To protect the Rule of Law.
What are the aspects of the Rule of Law?
1. Must be created fairly.... 2. Must be applied equally.
Law 201 Chapter 11
Contract
Objective Theory of Contracts
Objective Facts About a contract
Agreement, Consideration, Capacity, Le…
A promise or a set of promise for the breach of which the law…
An agreement between two parties exists if a reasonable perso…
1. What the party said when entering into the contract... 2. How…
Four requirements for a contract
Contract
A promise or a set of promise for the breach of which the law…
Objective Theory of Contracts
An agreement between two parties exists if a reasonable perso…
6 terms
Law 201 - Module 6
Essential Validity
Formal Validity
Matrimonial Property
Grounds for Divorce
- Part of federal jurisdiction... - Concerns a person's capacity…
Provincial and territorial marriage acts set the following re…
Historically, marraige was a unity of person (wife and all pr…
Federally regulated through Divorce Act.... Have to establish ma…
Essential Validity
- Part of federal jurisdiction... - Concerns a person's capacity…
Formal Validity
Provincial and territorial marriage acts set the following re…
138 terms
LAW201 - Midterm
What is wrong with the following citat…
The "Style of Cause" in a citation ref…
What is not required to become a lawye…
What area does the provincial legislat…
The year of the decision is missing
False
The sponsorship of a practicing lawyer with at least 5 years…
Education
What is wrong with the following citat…
The year of the decision is missing
The "Style of Cause" in a citation ref…
False
Law 201 Chapter 5
Ethics
Triple Bottom Line
Moral Minimum
Ethical Reasoning
Study of what constitutes right and wrong behavior
A corporation's profits, its impact on people and its impact…
Morals extend only to compliance with the law
Application of morals and ethics to a situation
Ethics
Study of what constitutes right and wrong behavior
Triple Bottom Line
A corporation's profits, its impact on people and its impact…
Law 201 Chapter 11
promisor
promisee
contract
Objective theory of contracts
the person making the promise
the person to whom the promise is made
"a promise or set of promises for the breach of which the law…
intent is determined by this, not by the personal or subjecti…
promisor
the person making the promise
promisee
the person to whom the promise is made
15 terms
Law 201 - Module 5
Property Rights
Interests in Land
Subordinate Interests
Foreclosure Proceedings
Property a right, not a thing. Owners decide what happens on…
Any right, claim, or privilege that an individual has with re…
Fee simple ownership: closest thing to absolute ownership in…
Proceedings that the mortgagee (the lender) brings against th…
Property Rights
Property a right, not a thing. Owners decide what happens on…
Interests in Land
Any right, claim, or privilege that an individual has with re…
Law 201 Chapter 12
Agreement
Offer
revocation
option contract
the parties must agree on terms of the contract and manifest…
a promise or commitment to do or refrain from doing specified…
the offeror's act of withdrawing (revoking) an offer
created when an offeror promises to hold an offer open for a…
Agreement
the parties must agree on terms of the contract and manifest…
Offer
a promise or commitment to do or refrain from doing specified…
Law 201 Chapter 5
Ethics
Business Ethics
Triple bottom line
Moral Minimum
The study of what constitutes right or wrong behavior
looks at decisions businesses make or have to make and whethe…
a corporation's profits, its impact on people, and its impact…
compliance with the law; if people and entities merely comply…
Ethics
The study of what constitutes right or wrong behavior
Business Ethics
looks at decisions businesses make or have to make and whethe…
Law 201 Chapter 9
Spam
Internet Service Providers (ISPs)
domain name
goodwill
unsolicited "junk e-mail" that floods virtual mailboxes with…
Organizations that provide access to the internet.
part of an internet address - "cengage.com"
non tangible value of a business
Spam
unsolicited "junk e-mail" that floods virtual mailboxes with…
Internet Service Providers (ISPs)
Organizations that provide access to the internet.
12 terms
Law 201 - Module 4
Criminal vs. Civil
Why Punish People for Crimes?
Three types of criminal offences
Elements of Criminal Offences
Criminal law considered wrong against society, whereas civil…
1. Deterrence - prevention through fear... 2. Specific deterrenc…
1. Summary conviction: least serious, tried by a provincial c…
- Proven beyond a reasonable doubt... - Mens Rea (what was going…
Criminal vs. Civil
Criminal law considered wrong against society, whereas civil…
Why Punish People for Crimes?
1. Deterrence - prevention through fear... 2. Specific deterrenc…
Law 201 Chapter 13
Consideration
forbearance
executory
rescission
1. something of legally sufficient value must be given in exc…
the refraining from an action that one has a legal right to u…
still to be carried out
the unmaking of a contract so as to return the parties to the…
Consideration
1. something of legally sufficient value must be given in exc…
forbearance
the refraining from an action that one has a legal right to u…
6 terms
Insurance Law L201
Insurable interest
Insurance laws
AGENCY LAWS
occurence
you have to have some stake in the property like... -if you hav…
STATE REGULATES INSURANCE
STATE REGULATES INSURANCE
...
Insurable interest
you have to have some stake in the property like... -if you hav…
Insurance laws
STATE REGULATES INSURANCE
36 terms
Business Law 201 Final
Statute of Frauds
Testate
Intestate
Suretyship Provision
=1677, certain kinds of contracts, to be enforceable must be…
Died leaving a will. Appoint executor/executrix who gather as…
Died without a will. Appoint administrator/administrix.
If mad ancillary promise debt to another, it must be in writi…
Statute of Frauds
=1677, certain kinds of contracts, to be enforceable must be…
Testate
Died leaving a will. Appoint executor/executrix who gather as…
L201 Business Law
constitutions
statutes
common law
stare decisis
establish governmental structure, specific rights and duties
enacted by legislative body to regulate conduct
made and applied by judges at the state level as judges decid…
let the decision stand
constitutions
establish governmental structure, specific rights and duties
statutes
enacted by legislative body to regulate conduct
57 terms
Business Law 201 Mid-Term
Statutory Law
Common Law
Administrative Law
Independent Regulatory Agencies
- written laws... - usually enacted by legislative
-based on past cases ... - law developed by judges, courts, etc…
- Body of law that regulates the operation and procedures of…
- Deal with area of Administrative law: regulations or rulema…
Statutory Law
- written laws... - usually enacted by legislative
Common Law
-based on past cases ... - law developed by judges, courts, etc…
Business Law 201 Midterm
Statutory Law
Common Law
Administrative Law
Independent Regulatory Agencies
The body of law enacted by legislative bodies (as opposed to…
the part of English law that is derived from custom and judic…
The body of law created by administrative agencies (in the fo…
Federal regulatory agencies that are independent, thus not fu…
Statutory Law
The body of law enacted by legislative bodies (as opposed to…
Common Law
the part of English law that is derived from custom and judic…
18 terms
Law 201 - Module 8
Agreement
Contract Law
Unilateral Contract
Criterion for Enforceability
Formed by an offer (the communication of an intention to be b…
Allow strangers the ability to make non-simultaneous exchange…
Only one party makes a promise and acceptance is signified by…
1. Intention to be bound in law... 2. Give and take (considerati…
Agreement
Formed by an offer (the communication of an intention to be b…
Contract Law
Allow strangers the ability to make non-simultaneous exchange…
Law 201: Ch. 2
judiciary
judicial review
jurisdiction
in personam jurisdiction
entrusted with interpreting laws
decide whether laws or actions of other 2 branches are consti…
before court can hear a case, it must have authority over the…
personal jurisdiction... any person residing in a certain geogra…
judiciary
entrusted with interpreting laws
judicial review
decide whether laws or actions of other 2 branches are consti…
167 terms
Business Law 201
Law
Right
Duty
Right of Privacy
The order or pattern of rules that society establishes to gov…
Legal capacity to require another person to perform or refrai…
An obligation of law imposed on a person to perform or refrai…
The right to be free from unreasonable intrusion by others.
Law
The order or pattern of rules that society establishes to gov…
Right
Legal capacity to require another person to perform or refrai…
74 terms
Business Law L-201
Self-awareness... Active listening... Questi…
Secondary authorities
Statutes
Common Law
6 parts of the fromm 6?
statements about the law that come from unofficial commentato…
a written law passed by a legislative body
the part of English law that is derived from custom and judic…
Self-awareness... Active listening... Questi…
6 parts of the fromm 6?
Secondary authorities
statements about the law that come from unofficial commentato…
92 terms
Business Law 201 Midterm
Law
Function of Law
Legal Sanctions
Law and Morals
A rule of civil conduct prescribed by the supreme power in a…
To maintain stability in the social, political, and economic…
Means by which the law enforces the decisions of the courts.
Different but overlapping; law provides sanctions, while mora…
Law
A rule of civil conduct prescribed by the supreme power in a…
Function of Law
To maintain stability in the social, political, and economic…
8 terms
Law 201 - Module 9
Partnership Conditions
Nature of Corporations
Shareholder Rights
Classes of Shares
1. Ongoing business... 2. Business must be run by more than one…
1. A legal Person (can be sued, charged for a crime, etc)... 2.…
Shareholders are the owners of the corporation. They hold a s…
Common shares - voting shares, with no dividend right, receiv…
Partnership Conditions
1. Ongoing business... 2. Business must be run by more than one…
Nature of Corporations
1. A legal Person (can be sued, charged for a crime, etc)... 2.…
16 terms
Law 201 - Module 7
Tort Law
Strict Liability
Negligence
Gross Negligence
A tort is a civil wrong between individuals where the victim…
Liability even though the defendant acted reasonably, no proo…
Acted unreasonably (did not mean for something to happen)... - F…
Acted extremely unreasonable. Pretty rare, a likely accident.
Tort Law
A tort is a civil wrong between individuals where the victim…
Strict Liability
Liability even though the defendant acted reasonably, no proo…
17 terms
Law 201 - Module 1
Rule of Law
Dicey's Three Core Rule-of-Law princip…
Notaries
Lawyers ethical duty
- Everyone is accountable to the law ... - Law must be created a…
1. Law must have supremacy over the influence of arbitrary po…
- Work that is defined as solicitor work, separate branch of…
- Duty to state... - Duty to the court *not present false eviden…
Rule of Law
- Everyone is accountable to the law ... - Law must be created a…
Dicey's Three Core Rule-of-Law princip…
1. Law must have supremacy over the influence of arbitrary po…
14 terms
Law 201 - Module 3
What is Constitutional Law?
Federal Government Powers
Provincial Powers
Federal Paramountcy
- It contains constitution acts and written statutes and impo…
Power over trade and commerce, criminal law and procedure, re…
Property and civil rights, legislative jurisdiction over hosp…
When laws relate to both levels of government and conflict, t…
What is Constitutional Law?
- It contains constitution acts and written statutes and impo…
Federal Government Powers
Power over trade and commerce, criminal law and procedure, re…
19 terms
L201 Nature of Law
Types of law
Constitutions
Treaties
Statutes
Constitutions, treaties, statutes, administrative regulations…
Created by legislature and ratified by super majority. Define…
Negotiated by President and approved by Congress
Laws passed by a legislative body. Written down. Federal stat…
Types of law
Constitutions, treaties, statutes, administrative regulations…
Constitutions
Created by legislature and ratified by super majority. Define…
41 terms
ACCT 201 Dr. Law
Account analysis
Activity base
Administrative costs
Committed fixed costs
A way to analyze cost behavior where an account is classified…
A measure of whatever causes the incurrence of a variable cos…
Costs from the big guys upstairs involving general management…
Fixed costs that are locked in because of previous management…
Account analysis
A way to analyze cost behavior where an account is classified…
Activity base
A measure of whatever causes the incurrence of a variable cos…
184 terms
AAMI Law 201 Final Review
In addition to the District Court, Cir…
The Trial Level in the Federal Court S…
The authority found in the US Constitu…
The authority found in the US Constitu…
True
False
Implied Power
Express Power
In addition to the District Court, Cir…
True
The Trial Level in the Federal Court S…
False
Ch 11 Law 201
Solemnized marriage
Common law marriage
Premarital agreements
anti-heart balm statute
a marriage in which the couple has obtained the proper marria…
the couple has mutually agreed to enter into a relationship i…
document that prospective spouses sign prior to marriage rega…
prohibits lawsuits for such things as breach of a promise of…
Solemnized marriage
a marriage in which the couple has obtained the proper marria…
Common law marriage
the couple has mutually agreed to enter into a relationship i…
chapter 8 Law 201
Uniform Commercial Code
Express contracts
Implied-in-fact contracts
informal
it governs commercial transactions and has been adopted by th…
formed through words either oral or written
formed through conduct ex: the man putting the 50 cents in ex…
most contracts are classified as
Uniform Commercial Code
it governs commercial transactions and has been adopted by th…
Express contracts
formed through words either oral or written
Module 1 - LAW201
Example: Bill C-51
The Rule of Law
What must lawyers do for clients?
Confidentiality
Preventing terrorism but the Canadian Bar Association objects…
Law should govern a nation, as opposed to being governed by a…
Confidentiality, Loyalty and Competence
Allows free and honest communication... -Information must pass t…
Example: Bill C-51
Preventing terrorism but the Canadian Bar Association objects…
The Rule of Law
Law should govern a nation, as opposed to being governed by a…
Law 201 Midterm
Natural Law
Legal Positivism
Nuremberg trials
Pre enlightenment
Derived from inherited rights. Based on morals and values.
Man made law. By man for man. The laws derive from authority…
Those who participated in the holocaust were placed on trial…
The time period of the 17th and 28th century where the indivi…
Natural Law
Derived from inherited rights. Based on morals and values.
Legal Positivism
Man made law. By man for man. The laws derive from authority…
LAW 201 terms
Legal positivism
Natural law theory
Rule of law
Substantive Law
a law is a law because it was created in a particular way, an…
one has a legal and moral responsibility to obey just laws an…
everyone, regardless of political or social status, is subjec…
rules defining rights and obligations
Legal positivism
a law is a law because it was created in a particular way, an…
Natural law theory
one has a legal and moral responsibility to obey just laws an…
Law 201 Ch 1-3
Administrative Law
Administrative Agencies
Allege
Appellant
Laws and decisions of administrative agencies
Federal state or local agency created to perform a certain fu…
Claim or assert that someone has done something illegally wrong
Party that is appealing a case
Administrative Law
Laws and decisions of administrative agencies
Administrative Agencies
Federal state or local agency created to perform a certain fu…
Law 201 cross words
Confidentiality
Arraigned
An alternative to articling
Commonlaw
What a lawyer owes a client
When the charge is read in court to rhe accused, the accused…
LPP
Ontario has a __________ system
Confidentiality
What a lawyer owes a client
Arraigned
When the charge is read in court to rhe accused, the accused…
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