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

· 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: Lac Mégantic

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

dissent?)

8. Reasoning (why did the court reach its decision?)

The Canadian Legal System

(a quick trip)

Courtroom Characters

Civil 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. Legislation

2. Supreme Court of Canada

3. Ontario Court of Appeal

4. Ontario Divisional Court

5. Ontario Superior Court

6. Decisions from other Canadian

provinces

7. 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

Do think for yourself

be skeptical of law school rumours about

what professors or employers want

learn to exercise your own judgment

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 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

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!