Lecture 1 Law: Rules enforced by courts/state institutions, principles, and a particular way of thinking about those rules and principles Law "resides in the reasoning"An exercise in justifying why we will prefer this person's interests over that person's interests in this particular dispute/scenario oThe rules and principles oThe way we justify - why and how we apply the rules oThe process we use oThe values that matter Rule of Law: oEveryone has to follow the law, including the police, government, judges, and public officials; oThe law must be publicly promulgated (it must be published), fairly applied, equally enforced & independently adjudicated. oWe settle our disputes on the basis of pre-determined principles through the courts (i.e., with law), not with force; and oSociety governs itself through law (not arbitrary dictates). An "action" - litigation, a court case brought through the civil courts "Cause of action" - the legal grounds for suing someone "Plaintiff" - the person that initiates a law suit, the person that is suing "Defendant" - the person who is being sued "Liability" - legal responsibility "Judicial" - refers to judges (the judicial system = the courts; judicial decision = decision made by a judge) "Judiciary" - a collective reference to judges "Jurisdiction" - have the legal authority to do something Public LawPrivate Law Regulates our lives in the publicsquare, as members of a sharedsocietyFocuses on the rules necessary tomaking our shared society work,and therefore mostlygoverns therelationship between individualsand the stateE.gs: criminal law, constitutional law, tax law, admin law, immigration law Governs our private lives (parts of our lives that don't affect order in society as a whole) Governs relations between individuals (as opposed to individuals' relationship with the state) Egs. Tort and contract There is overlap. A single incident might have BOTH private law and public law dimensions.But different processes involved and different rules. Commercial hosts: persons that sell alcohol as part of their business, e.g., bars and pubs
Social hosts: individuals who have people over to their homes in a context where people might have a drink or four. Jordan House v. Menow (SCC, 1973): Commercial hosts owe their patrons a duty in law: oNot to over-serve the patrons; and oIf a patron is over-served, to take a reasonable amount of care to ensure that the patron gets home safely, either by putting the patron in the care of a responsible adult or by not turning the patron out alone until the patron is sober enough to get home safely. Stewart v Pettie (SCC, 1995): By extension, commercial hosts owe a duty of care to third parties who might be injured by a drunk patron who drives Common law jurisdiction anddoctrine of precedent: courts must follow the decisions of courts above them in the judicial hierarchy when dealing with similar cases. Social Hosts versus Commercial Hosts SimilaritiesDissmilarities ØAlcohol involved in both casesØHosting involved in both casesØThird party injury in both casesØCommercial hosts have direct control over how much alcohol is consumed by their customer ØThere is strict legislation governing the commercial provision of alcohol ØCommercial hosts are in a contractual relationship with their patrons, whereas social hosts are not.