Gng4170 Lecture Notes
LAW NOTES!!!
LECTURE 1: Introduction
2 main braches of Law • Criminal – state vs. accused • Common – judge made law
2 sources of law: • Legislation – Federal or Provincial Legislations/ statutes / regulations. • Common (case law) – judge made.
Civil Law: about a party bringing an action for a personal remedy of some kind.
Definitions: Tort – a legal wrong which entitles you to some sort of remedy. • Intentional Tort – ex. Assault and battery. o Defamation – An intentional tort. The reputation of the victim is damaged publicly by untrue statements made by the tort-feezer. ▪ Slander – Untrue verbal statements. ▪ Liable – Untrue written statements.
• Unintentional Tort – ex. Negligence.
Tort Law: The goal of tort law is to compensate the victim whom had been wronged, not to punish the tort-feezer.
EXAM PREVIEW!!! – Negligence hypothetical question – Given the facts of a case, describe all relevant material covered in the notes, give legal justification and plausible decision. • Identify as negligence/unintentional tort • Identify the tort-feezer • Identify the plaintiff(s) (pi/P)
Note: At one time only one defendant at a time was allowed. Under current laws 1 or more defendants may be liable to the plaintiff.
Concurrent Tort-feezers: - 2 or more defendants liable to the victim. Vicarious Liability: - An employer is responsible for the torts committed by their employees during employment. *why is it there? To compensate the victim not punish the tort-feezer. Also, gives responsibility to the employer (company).
Note: Civil Cases have lower standards to hold the accused responsible – see O.J
The central test for establishing negligence. *Balance of Probabilities!!! : – In tort/negligence law the plaintiff must prove three key factors on a Balance of Probabilities.
I – Each Defendant owed
LECTURE 1: Introduction
2 main braches of Law • Criminal – state vs. accused • Common – judge made law
2 sources of law: • Legislation – Federal or Provincial Legislations/ statutes / regulations. • Common (case law) – judge made.
Civil Law: about a party bringing an action for a personal remedy of some kind.
Definitions: Tort – a legal wrong which entitles you to some sort of remedy. • Intentional Tort – ex. Assault and battery. o Defamation – An intentional tort. The reputation of the victim is damaged publicly by untrue statements made by the tort-feezer. ▪ Slander – Untrue verbal statements. ▪ Liable – Untrue written statements.
• Unintentional Tort – ex. Negligence.
Tort Law: The goal of tort law is to compensate the victim whom had been wronged, not to punish the tort-feezer.
EXAM PREVIEW!!! – Negligence hypothetical question – Given the facts of a case, describe all relevant material covered in the notes, give legal justification and plausible decision. • Identify as negligence/unintentional tort • Identify the tort-feezer • Identify the plaintiff(s) (pi/P)
Note: At one time only one defendant at a time was allowed. Under current laws 1 or more defendants may be liable to the plaintiff.
Concurrent Tort-feezers: - 2 or more defendants liable to the victim. Vicarious Liability: - An employer is responsible for the torts committed by their employees during employment. *why is it there? To compensate the victim not punish the tort-feezer. Also, gives responsibility to the employer (company).
Note: Civil Cases have lower standards to hold the accused responsible – see O.J
The central test for establishing negligence. *Balance of Probabilities!!! : – In tort/negligence law the plaintiff must prove three key factors on a Balance of Probabilities.
I – Each Defendant owed