Course Evaluation Overview

Course Overview

• Participation is mandatory - complete 5 activities throughout the term
• At the end of the term, you will get 2/2 regardless of the score you got on the exercise itself, even if you score a 0.
• Your scores are there for information purposes only and will not impact your final grade.

Quizzes, Tests & Exams

• Includes: multiple choice questions, "select all that are true" questions, fill in the blank questions, True/False & Explain questions, and short answer questions/guided case analysis
• Midterm and Final will be in-person, on campus.
• All quizzes, midterm, and final exam will be closed book evaluations.
• Review the resources in the Student Resources module on how to spot legal issues and answer a law-type question.

Evaluation

• You must pass the final exam to pass this course.
• Do not book any travel on evaluation dates, especially during the Final Exam period.
• Consideration is given to students who show significant improvement over the term.

Course Format & Stuff

• Do the readings in advance.
• Contact the professor via email ([email protected]) for office hours by appointment. Send an email request.
• The professor is available to meet virtually. Appointments are scheduled on mutually convenient times.
• Students who do not show up to their appointments on time will have their appointment cancelled.
• The course has a TA available via email ([email protected]) regarding course materials, course questions, and course help.
• The TA's office hours are by appointment and virtual.

Learning Outcomes

• Learn the core principles of law related to:
  • The Canadian legal system
  • The Constitution
  • Contracts
  • Torts
  • Business Organizations
• Practice critical thinking skills

Law

• Law is enforced by courts/state institutions, and principles, and a particular way of thinking about those rules and principles
• Law "resides in the reasoning"
  • Justify why one person's interests should be prioritized over another person's interests in a dispute.

Rule of Law

• Everyone must follow the law, including the police, government, judges, and public officials.
• The law must be publicly promulgated, fairly applied, equally enforced & independently adjudicated.
• Disputes are settled based on pre-determined principles through the courts (with law), not with force.
• Society governs itself through law (not arbitrary dictates)

Value of Law

• Provides a framework to live together productively as individual, autonomous humans in society.

Example: Dave's Business

• Dave owns a bakery and Evyl Inc owns a distribution center
• Evyl Inc trucks are too big for Dave's parking lot, they cause dust and noise, and damage the parking lot.

Dave's Options

• Accept the situation and deal with the trucks
• Burn Evyl Inc to the ground
• Consider if the might help

Law & Business

• Law shapes the risk environment for business.
• Law:
  • Imposes boundaries and requirements
  • Enforces obligations owed to others and the state
  • Protects rights
  • Creates opportunities
  • Provides tools for managing risk

Example: Dave and the Law

• How does law impose boundaries on how Dave can respond?
• How does law enforce or protect obligations for Dave and Evyl Inc?
• How can the law help Dave identify and work through his options?

Peek at the Law

• Evyl Inc trucks on Dave's parking lot without permission (trespass)
• Dave will win the case and be entitled to a remedy
• The Charter doesn’t protect economic rights or apply strictly to private persons

Charter of Rights & Freedoms

• "Persons" includes corporations
• Corporations have some rights, but not all
• The government act must violate a Charter right to be protected.
• The Charter might not apply to private companies.
• The Charter is saved under s.1 if the law is a reasonable limit on rights.
• It must:
  • Be proportionate (purpose meets infringment)
  • Minimize infringement of rights
  • Be rational

Charter Checklist of Limitations

• Must involve a challenge to a government act/rule/decision.
• Must involve a protected right.
• Person bringing the challenge must hold the kind of right involved.
  • Corporations have some rights, but not all
• The impugned (challenged) act might be “saved” under Section 1 (reasonable limits).

Charter Restrictions

• Not all rights are protected:
  • Economic rights and property rights are not directly protected
  • A right to a business licence is not protected.
  • Corporation’s right to equality or mobility is not protected.

Two-Step Charter Analysis

• Step 1: Is there a prima facie Charter violation?
  • Is there a government act that violates a Charter right?
• Step 2: If so, can the legislation be “saved” under section 1?
  • Is the law a reasonable limit on our rights?
  • Is the infringement proportionate, minimal & rational?

The "Oakes Test" (Reasonable Limits)

• Is the goal of the legislation “pressing and substantial”?
• Proportionality
  • Rational
  • Minimal Impairment
  • Final Balancing

This quiz covers the evaluation criteria for the course, including mandatory participation, types of quizzes, tests, and exams. Students will learn about the significance of closed book evaluations and the importance of passing the final exam for course completion.