Introduction To Law
Download as PPT, PDF6 likes3,961 views
This document provides an introduction to law, including different schools of jurisprudential thought and how law is defined and enforced. It discusses natural law, positivist, historical, and legal realism views of law. It also covers topics like becoming a sophisticated client, the role of lawyers, when to hire or represent yourself, finding good lawyers, legal aid, billing, complaints processes, and ethics for lawyers and clients.
Introduction To Law
- 1. Chapter 1: Introduction to Law
- 2. What Is Law? At a minimum, law consists of enforceable rules governing relationships among persons and between persons and society. (USA – legal realism: pragmatic) Law is the body of rules that can be enforced by the courts or other government agencies (Canada –legal positivism – because of parliamentary sovereignty ) Definition is affected by: History Theory Legal System in Place Social Realities
- 3. Schools of Jurisprudential Thought There are several different “schools” of law: Natural Law. Positivist view. Historical view. Legal Realism view.
- 4. The Natural Law School Assumes that law, rights and ethics are based on universal moral principals inherent in nature discoverable through the human reason. The oldest view of jurisprudence dating back to Aristotle. The Declaration of Independence assumes “the Laws of Nature.”
- 5. The Positivist School Law is the supreme will of the State that applies only to the citizens of that nation at that time. Law, and therefore rights and ethics, are not universal. The morality of a law, or whether the law is “bad or good”, is irrelevant.
- 6. The Historical School Emphasizes the evolutionary process of law. Concentrates on the origin and history of the legal system. Law derives its legitimacy from the principles and standards that have proved historically workable.
- 7. Legal Realism Jurisprudence that holds law is not simply a result of the written law, but a product of the views of judicial decision makers, as well as social, economic, and contextual influences. Law is a tool to promote social justice.
- 8. Becoming a Sophisticated Client Confident, knowledgeable, up-to-date Understand the role of lawyer and client Understands the costs How to deal with dissatisfaction with lawyer
- 9. Role of Lawyer Provides relevant legal advice Client is decision maker Lawyer bound to follow client’s instructions
- 10. Question for Discussion What experience have you had with the legal system? How did you feel about it?
- 11. When to Hire a Lawyer New business, buying existing business Compliance issues Physical location Financial issues Contracts Intellectual property
- 12. When to Represent Yourself Obtaining legal information On-line sources Understanding the information Type of issue at stake
- 13. How to Find a Good Lawyer Yellow pages Referrals Provincial Law Society/Canadian Bar Association Legal referral services
- 14. Legal Aid Eligibility varies from province to province Financial guidelines Subject matter guidelines Duty counsel
- 15. Billing Fixed fee Hourly rate Contingency fee Disbursements Retainer
- 16. Question for Discussion Is there a limit on contingency fees in your jurisdiction? Do you agree with the concepts of limits? Is the limit in your jurisdiction too high or too low? Should it change based on the risk of success with the case?
- 17. Complaints Provincial law societies are self-governing Complaint resolution process varies Mediation services may be available Investigation, formal hearing if warranted Compensation requires additional civil action
- 18. Ethics of Lawyers Every provincial law society has rules of professional conduct Will prompt complaint and investigation if not followed Ethical behaviour implies integrity, honesty and professionalism Failure to observe ethical behaviour may result in disbarment
- 19. Ethics of Clients No code of conduct for business people Businesses should establish their own code of conduct for the organization and their employees
- 20. Question for Discussion Does your business/employer have a mission statement? Does your business/employer have a code of conduct? Are these referred to and used in the daily conduct of business?