Law Studies - Unit 3 - Armaan Khaira
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2044
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Jan 9, 2024
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Unit 3 ~ Learning Guide
Written By Armaan Khaira
INSTRUCTIONS: Complete the following notes and questions as you work through the related
lessons. You are required to have this package completed BEFORE you write your unit test. Do
your best and ask questions about anything that you don't understand BEFORE you write the
unit test.
3.1 – Civil Law and the Civil Court System Lesson A
Terms for 3.1 – Look for these terms as they are used in this section. Make sure that you
understand them in the context in which they are used. Do this for all assigned terms in this
course.
-
Arbitration - A neutral third party is brought in to decide the case; an arbitrator;s
decisions are binding and final.
-
Civil Law - (Private Law) is concerned with helping settle disagreements and
compensating people who have been “wronged” in some way. Civil law cases are
between individuals, or groups, and are not considered to be in the public’s interest; they
are private matters that do not affect society as a whole.
-
Contempt Of Court -
Damages - Is the monetary value the court awards in a tort law case; it is not the plural
of damage.
-
Garnishment - A court order directing that money or property of a third party (usually
wages paid by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff
creditor.
-
Injunction - The court orders the defendant to stop doing something that is or may
become injurious, or to do something that helps to correct or prevent the wrong.
-
Lien
-
Plaintiff - Is the person or group who has allegedly been wronged in a case of civil
law(initiates the law). Must prove that they have been wronged by the defendant. Some
crimes can become torts.
-
Punitive Damages -
-
Restitution -
-
Tort - Injuries or harm created by one person to another’s body, reputation, or property;
“tort” is derived from a Latin word meaning “twisted” or “wrong”.
Lesson B
– Introduction to Civil Law
What do you see as being the primary differences between criminal law and civil law in
Canada?
The primary differences between criminal law and civil law in Canada is the content in which
either deals with. Civil law focuses on disputes between people as citizens of Canada whereas
criminal law focuses on punishments/prevention of violations of law (Of which are majorly not
interpersonal.)
Actions Of Civil Law: Decision is based on
the balance of probabilities, which means that
the side with the more probable evidence
wins. Deals with violations of the law only
resting between two parties. Maintaining fun
rationality of society. (People vs. People)
Actions Of Criminal Law: Decision is based
on the Crown proving beyond reasonable
doubt that the accused is guilty. Deals with
illegal actions explicitly stated in the law and
determining punishment. Maintaining
structure of society. (People vs. Law)
Personal Injury
Theft
Contract
Mischief
Divorce
Robbery
Contested Will
Trafficking
Lesson C
- Considering Civil Court Action
Give examples of when a lawyer might charge a fixed fee, an hourly rate or a contingency fee.
Examples:
● When a lawyer might charge a fixed fee - For specific tasks such as drafting wills, providing
legal advice, or on certain types of divorces.
● When a lawyer might charge an hourly rate - For ongoing work such as complex litigation,
negotiations (Contracts) or representation at court appearances.
● When a lawyer might charge a contingency fee - When the lawyer’s fee is a percentage of
the
settlement/compensation received by the client. It is contingent upon the assumption that the
lawyer is successful in obtaining compensation. (Thus the name).
Lesson D
– Civil Remedies
A BC couple who run a business are successfully prosecuted for tax evasion. When the charges
are overturned, the judge awards them over $1 million in damages to be paid by Canada
Revenue Agency. What types of damages do you think that they would have been awarded and
on what grounds? Look at the list of the five types of damages to work this out.
I think that the couple in this scenario would have been awarded at least 3 types of damages
(Maybe four)
1. Compensatory Damages: To compensate for the financial/time wastes and damage of
the businesses image. This may include reimbursement of legal fees or loss of income.
2. Punitive Damages (Depending On Additionally Circumstances): On the assumption
that the Canadian Revenue Agency was particularly strict the CRA could expect
backlash.
3. Aggravated Damages: To compensate for ‘additional harm’ of the emotional/stress
that was inflicted upon them due to a wrongful conviction.
4. Restitutionary Damages: To replace opportunities potentially missed out on due to the
prosecutions. Could imply more financial losses.
Lesson E
– Enforcing a judgement
In what kinds of cases do you think that a creditor would be permitted an order to garnish a
debtor’s wages? In what situations might you take someone to small claims court?
Garnishment - A court order directing that money or property of a third party (usually wages paid
by an employer) be seized to satisfy a debt owed by a debtor to a plaintiff creditor.
Cases I believe a creditor would be permitted an order to garnish a debtor’s wages is cases
with: (Greater violations)
● Unpaid loans
● Unpaid child support/alimony
● Unpaid taxes
● Unpaid judgements
Situations that I may take someone to small claims court:(Lesser violations)
● Unpaid debts
● Property damage
● Breach of contract
● Some personal injury claims with monetary limits.
Section 3.2 Nature and Purpose of Tort Law Lesson A
Terms for 3.2 Look for these terms as you encounter them in this section.
● Battery - The intentional and harmful physical contact or offensive touching of another person
without their consent.
● Libel - A written or printed defamatory statement that damages a person's reputation.
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● Negligence - The failure to exercise reasonable care, resulting in harm or injury to another
person.
● Res Ipsa Loquitur - Latin phrase meaning "the thing speaks for itself," referring to a legal
doctrine where the occurrence of an accident or injury implies negligence by the defendant.
● Slander - Spoken defamation.
● Strict Liability - Where liability is imposed on a defendant without the need to prove fault or
negligence, typically applied in cases involving inherently dangerous activities or defective
products.
● Trespassing - Unauthorised entry or intrusion onto the property of another person without
permission.
● Vicarious Liability - Legal principle where one person or entity is held responsible for the
actions or omissions of another person based on a specific relationship, such as
employer-employee or principal-agent.
Lesson B
– Introduction to Tort Law
What is an example of a tort that you have read about in the news or that has involved you or
someone you know? Give as many details as you can in the space below.
There have been no instances where someone I know or I myself have been involved in a case
of tort law. One example I did happen to find in the New York Times is a case of slander where
the offender happened to be Donald Trump. It has no direct relation to me however he is an
important figurehead in the US.
Lesson C
– Negligence
According to the course, negligence is “the fastest growing and most dramatic area of tort law.”
What does this have to do with how society's standards have changed in recent decades?
We have invented so many ways to accidentally injure each other: aeroplanes, electricity,
chemicals, pharmaceuticals, heavy machinery, complex consumer goods, and especially cars.
Society’s standards of reasonable behaviour are much stricter today. Courts of the 1800s would
not even have considered most of the negligence claims accepted by modern courts.
Lesson D
– Vicarious Liability
In this lesson you learned that employers are responsible for the actions of their employees on
the job. To what extent do you find this just? And what might you see as limits of this
responsibility?
I find this to the extent that:
- The employee is under the orders/influence of the employer to an extent. Their livelihood is
placed in their hands.
- The dangers involved in working under someone varies with job type.
- The employee does not take advantage of the benefits/responsibility of the employer to a
reasonable extent.
Limits To Responsibility:
Scope Of Employment: Relating to actions outside of the employee's set jurisdiction or
actions unrelated to the job.
Independent Contractors: The employer has less control over the situation and thus less
responsibility. The level of responsibility is dependent on their level of control.
Contributory Negligence: If the employees negligence resulted in implications relating to a
job the employer's responsibility is reduced.
Legal Defenses: The restrictions/rules/prevention of law violation put into place by the employer
is a dependent variable in determining the responsibility of the employer.
Lesson E
– Intentional Torts
If someone breaks into your house, you have the right to defend yourself and to evict that
person. Yet, if you use excessive force, you can be charged. What is your sense of the justice of
these limits?
Personally, the safety of my family and myself take priority. If our house was invaded (1) the
alarm system would immediately alert the authorities, (2) we would leave the house and head
on over to either chees’ or the Habibs (3) we would call 911 when we searched a safe distance
from our home. My whole family is extremely cautious and fortunate enough to be able to put
that first.
Lesson F
– Wrongs to a Person and Property
While your family was on holiday, a neighbour had several trees on your property cut down as
they were blocking her view of the ocean. What action could you take here, especially if you
knew that the neighbour could easily afford a hefty fine?
- My legal options would include: Cease & Desist Letter, Negotiation, Legal Action,
Injunctive Relief.
- Personally I would probably go for the first option of Cease & Desist Letter as it would
likely be the most peaceful option which maintains justice. While I could potentially gain
a substantial financial sum from my neighbours, I would prefer the long term gains of
being on decent terms. If I wasn't able to maintain decent relations I would request legal
action and injunctive relief. Making sure I receive proper compensation and preventing
future occurrences.
Lesson G
– Defences for Trespass
Give an account of a time that you or someone you know trespassed on someone’s person or
property in a way that you think was legally justified. Explain your justification.
Couple years ago I was sailing an Opti with only my father on shore as supervision when I
capsized and a few pieces of my boat broke. I drifted onto a beach nearby which happened to
be private property. The owners seemed more concerned about my well being and the condition
of my boat rather than the fact that I sorta trespassed. It all worked out in the end & the boat got
fixed fairly easily
3.3 The Elements of a Contract Lesson A
Look for these terms as you encounter them in this section.
● Accord & Satisfaction - A resolution of a dispute where the parties agree to a settlement.
● Contract - Is a legal agreement in which terms are transparent and known to all parties
involved.
● Express Contract -
● Implied Contract - Nothing is said or written because it’s a common and well-understood
activity.
● Injunction - The court orders the defendant to stop doing something that is or may become
injurious, or to do something that helps to correct or prevent the wrong. (Temporary)
-
concert promoter’s advertisements stop using artwork similar to a popular musical’s
registered trademark.
-
environmental activists refrain from interfering with loggers using a forest access road.
-
a logging company stops building a road that may harm a salmon stream.
-
a publisher of an allegedly libellous book not distribute it to bookstores until the libel
suit is settled.
● Legal Capacity - The mental or legal ability of a person to understand and be bound by their
actions and decisions.
● Punitive Damages - Additional monetary compensation awarded by a court to a plaintiff as a
form of punishment against the defendant for egregious behaviour.
● Statute Of Limitations - The time limit within which legal action must be initiated for a
particular claim.
● Specific Performance - A legal remedy where a court orders a party to fulfil their contractual
obligations as outlined in the original agreement.
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Lesson B
- What is a Contract?
Give three or four more examples of everyday contracts that you have entered into. State
whether each is expressed or implied then list the parties to each contract.
Buying a Candy
Implied
Me
The Store Owner
Renting an apartment
Express
Me
The Owner
Taxi Ride
Implied
Me
The Taxi Company
and Driver
Lesson C
– Landlords and Tenants
After reading through the tenancy agreement, answer the following: What can a landlord do if a
tenant does not pay rent and will not move out? What can a tenant do if a landlord does not
properly maintain a rental unit?
If a tenant does not pay rent and will not move out a renter may begin taking legal action via an
eviction notice.If a tenant does properly maintain a rental unit, a landlord may do one of the
following actions:
1.
Written requests
2.
The tenant may have the right to without or deduct rent.
3.
Local housing authority = compensation or termination of tenancy agreement
4.
Other actions are dependent on local laws.
Lesson D
– Elements of a Valid Contract
You agree to cut your neighbour’s lawn weekly, from March through August this year for $20
each week. Explain your verbal contract using the terms contract, offer, acceptance and
consideration. Your neighbour has paid you for all of July but you skip cutting the lawn the week
that you are away at camp. Assuming that you are a minor, explain what your neighbour is
legally entitled to do.
- It is a verbal contract between the two of us with an offer, acceptance, and
consideration.
- I might be exempt from some of my neighbour's entitlement to enforce the contract due to me
being a minor & youth in the eyes of the law.
- My neighbour might be able to void the contract and/or seek compensation for the
week I
missed. Note enforceability of the contract is dependent on the law's interpretation with
me as a minor.
Lesson E
– Discharging the Contract
You admit to breaching the contract with your neighbour and amend the contract by agreeing to
take $20 less during August while still cutting your neighbour’s lawn weekly thus making up for
the missed week. Explain which terms listed in this lesson are relevant to this change in
contract.
This incident would be an amendment as both parties agreed to amend the terms via
consideration/damages after the initial breach of contract. The promise to continue would be
counted as a continuation to the original agreement to move the lawn remains identical to the
previous one.
3.4 – Employment Relationships Lesson A
Terms for 3.4
● Hierarchical - Referring to a system or structure where individuals or groups are ranked or
organised in levels of authority or importance.
● Employment Standards Act - Legislation that sets out minimum employment standards and
regulations to protect workers' rights in a jurisdiction.
● Independent Contractor - An individual who provides services to a client or clients as a
self-employed person.
● Sue - Taking legal action against someone in a civil court to seek compensation/resolution
● Unemployment - The state of being without a job
● Piece Rates - A payment system where workers are compensated based on the number of
units or pieces they produce or complete.
● Terminate - To end (one sidedly?) employment or contractual relationships.
● Compensation - Payment or benefits provided to an individual as a result of loss, injury, or
work performed.
● Wrongful Dismissal - Unlawful termination of an employee's contract or employment. Mostly
violation of employment laws/contractual agreements.
● Collective Agreement - A legally binding agreement between an employer and a union
representing a group of employees, outlining terms and conditions of employment.
● Statutory Holidays - Designated days that are recognized by law as public holidays, typically
entailing entitlements such as time off or increased pay for employees.
Lesson B
– Employment Law
Describe a job that you have had or a situation where you have been paid to perform a task in
the strictly legal terms of this lesson. Use the terms below but don’t limit yourself to them.
Employer/ employee/ contract/ wage/ performance of duty.
I have yet to have an official job where I got paid. Therefore I have had no experience as an
employee, with a contractual relation, or a wage. My parents have paid me however for certain
jobs around the house, like mowing the lawn. My ability to complete the action in a timely and
well-done manner would be an example of performance of duty.
Lesson C
– Independent Contractors
Describe a situation in which a BC resident makes his or her living as an independent contractor
with a client or clients. This could be someone you know, someone you have heard of or a
situation you found online.
Likely most youtubers could be considered independent contractors but also artists who create
as they are paid to create project-by-project. These examples include people who make their
income by setting their own rates, negotiates deals and are in charge of their personal
schedules.
Lesson D
– Termination of Employment
Describe an example of a situation where an employer could terminate the contract of an
employee without having to pay any compensation. Describe an example where an employer
would have to provide compensation equal to two weeks pay.
Example One:
- A situation where an employer can terminate the contract without having to pay any
compensation may be due to serious misconduct or the employee is found to be
incapable/or/implicated in a legal issue.
Example Two:
- An employer would provide compensation equal to two weeks pay (or next pay day) if they
terminate a contract without a justifiable cause. For example the laying off of workers during
covid-19.
Lesson E
- The Laws Affecting Employers
Employers must keep records of employee’s hours and rates of pay. After reading this lesson,
explain why it might be a good idea for an employee to keep his or her own records also.
It may be a wise decision for an employee to keep track of their personal records to provide
protection and accountability which will better ensure the safekeeping of their income(income
source).
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