Introduction To Law

Chapter 1:Chapter 1:

Introduction to Introduction to Law Law

What Is Law?What Is Law?

At a minimum, law consists of enforceable rules At a minimum, law consists of enforceable rules governing relationships among persons and between governing relationships among persons and between persons and society. (USA – legal realism: pragmatic)persons and society. (USA – legal realism: pragmatic)

Law is the body of rules that can be enforced by the Law is the body of rules that can be enforced by the courts or other government agencies (Canada –legal courts or other government agencies (Canada –legal positivism – because of parliamentary sovereignty )positivism – because of parliamentary sovereignty )

Definition is affected by:Definition is affected by:• HistoryHistory• TheoryTheory• Legal System in PlaceLegal System in Place• Social RealitiesSocial Realities

Schools of Schools of Jurisprudential ThoughtJurisprudential Thought

There are several different “schools” of There are several different “schools” of law:law: Natural Law. Natural Law. Positivist view.Positivist view. Historical view.Historical view. Legal Realism view.Legal Realism view.

The Natural Law SchoolThe Natural Law School

Assumes that law, rights and ethics are Assumes that law, rights and ethics are based on universal moral principals based on universal moral principals inherent in nature discoverable through inherent in nature discoverable through the human reason. the human reason.

The oldest view of jurisprudence dating The oldest view of jurisprudence dating back to Aristotle. back to Aristotle.

The Declaration of Independence The Declaration of Independence assumes “the Laws of Nature.”assumes “the Laws of Nature.”

The Positivist SchoolThe Positivist School

Law is the supreme will of the State that Law is the supreme will of the State that applies only to the citizens of that nation at applies only to the citizens of that nation at that time. that time.

Law, and therefore rights and ethics, are Law, and therefore rights and ethics, are not universal. The morality of a law, or not universal. The morality of a law, or whether the law is “bad or good”, is whether the law is “bad or good”, is irrelevant. irrelevant.

The Historical SchoolThe Historical School

Emphasizes the evolutionary process of Emphasizes the evolutionary process of law.law.

Concentrates on the origin and history of Concentrates on the origin and history of the legal system.the legal system.

Law derives its legitimacy from the Law derives its legitimacy from the principles and standards that have proved principles and standards that have proved historically workable.historically workable.

Legal RealismLegal Realism

Jurisprudence that holds law is not simply Jurisprudence that holds law is not simply a result of the written law, but a product of a result of the written law, but a product of the views of judicial decision makers, as the views of judicial decision makers, as well as social, economic, and contextual well as social, economic, and contextual influences.influences.

Law is a tool to promote social justice.Law is a tool to promote social justice.

Becoming a Sophisticated ClientBecoming a Sophisticated Client

Confident, knowledgeable, up-to-dateConfident, knowledgeable, up-to-date Understand the role of lawyer and clientUnderstand the role of lawyer and client Understands the costsUnderstands the costs How to deal with dissatisfaction with How to deal with dissatisfaction with

lawyerlawyer

Role of LawyerRole of Lawyer

Provides relevant legal adviceProvides relevant legal advice Client is decision makerClient is decision maker Lawyer bound to follow client’s instructionsLawyer bound to follow client’s instructions

Question for DiscussionQuestion for Discussion

What experience have you had with the What experience have you had with the legal system?legal system?

How did you feel about it?How did you feel about it?

When to Hire a LawyerWhen to Hire a Lawyer

New business, buying existing businessNew business, buying existing business Compliance issuesCompliance issues Physical locationPhysical location Financial issuesFinancial issues ContractsContracts Intellectual propertyIntellectual property

When to Represent YourselfWhen to Represent Yourself

Obtaining legal informationObtaining legal information On-line sourcesOn-line sources Understanding the informationUnderstanding the information Type of issue at stakeType of issue at stake

How to Find a Good LawyerHow to Find a Good Lawyer

Yellow pagesYellow pages ReferralsReferrals Provincial Law Society/Canadian Bar Provincial Law Society/Canadian Bar

AssociationAssociation Legal referral servicesLegal referral services

Legal AidLegal Aid

Eligibility varies from province to provinceEligibility varies from province to province Financial guidelinesFinancial guidelines Subject matter guidelinesSubject matter guidelines Duty counselDuty counsel

BillingBilling

Fixed feeFixed fee Hourly rateHourly rate Contingency feeContingency fee DisbursementsDisbursements RetainerRetainer

Is there a limit on contingency fees in your Is there a limit on contingency fees in your jurisdiction?jurisdiction?

Do you agree with the concepts of limits?Do you agree with the concepts of limits? Is the limit in your jurisdiction too high or Is the limit in your jurisdiction too high or

too low?too low? Should it change based on the risk of Should it change based on the risk of

success with the case?success with the case?

ComplaintsComplaints

Provincial law societies are self-governingProvincial law societies are self-governing Complaint resolution process variesComplaint resolution process varies Mediation services may be availableMediation services may be available Investigation, formal hearing if warrantedInvestigation, formal hearing if warranted Compensation requires additional civil Compensation requires additional civil

actionaction

Ethics of LawyersEthics of Lawyers

Every provincial law society has rules of Every provincial law society has rules of professional conductprofessional conduct

Will prompt complaint and investigationWill prompt complaint and investigation if if not followednot followed

Ethical behaviour implies integrity, honesty Ethical behaviour implies integrity, honesty and professionalismand professionalism

Failure to observe ethical behaviour may Failure to observe ethical behaviour may result in disbarmentresult in disbarment

Ethics of ClientsEthics of Clients

No code of conduct for business peopleNo code of conduct for business people Businesses should establish their own Businesses should establish their own

code of conduct for the organization and code of conduct for the organization and their employeestheir employees

Does your business/employer have a Does your business/employer have a mission statement?mission statement?

Does your business/employer have a code Does your business/employer have a code of conduct?of conduct?

Are these referred to and used in the daily Are these referred to and used in the daily conduct of business?conduct of business?

Introduction To Law

pragmatic law

written law

natural law school

positivist school law

evolutionary process

different schools of

legal system

legal realism view

Education

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