N/A N/A. Yes. Students are expected to review and understand all areas of the course outline.

Transcription

1 Course Outline School: Department: Course Title: Business Graduate Studies Introduction to the Canadian Legal System Course Code: PRLG 701 Course Hours/Credits: 42 Prerequisites: Co-requisites: Eligible for Prior Learning, Assessment and Recognition: Originated by: Revised by: N/A N/A Yes Daniel Foster Holly Pearlman Current Semester: Summer 2015 Approved by: Chairperson/Dean Students are expected to review and understand all areas of the course outline. Retain this course outline for future transfer credit applications. A fee may be charged for additional copies. This course outline is available in alternative formats upon request.

2 Course Description This subject introduces learners to the fundamentals of the Canadian legal system. It provides participants with a solid foundation to build upon in their core legal courses. A brief history of the development of Canada s legal system, with an overview of the sources and divisions of law set the stage for an examination of the Constitution and the Canadian Charter of Rights and Freedoms. The learners utilize legal terminology as practiced in Canadian courts, as well as study the roles of those involved in the judiciary. Participants review various aspects of business law as it relates to business organizations, consumer and property law. Introduction to the Canadian legal system will provide learners with general insight into the operation of our Canadian courts and legal system. Program Outcomes Successful completion of this and other courses in the program culminates in the achievement of the Vocational Learning Outcomes (program outcomes) set by the Ministry of Training, Colleges and Universities in the Program Standard. The VLOs express the learning a student must reliably demonstrate before graduation. To ensure a meaningful learning experience and to better understand how this course and program prepare graduates for success, students are encouraged to review the Program Standard by visiting For apprenticeship-based programs, visit Course Learning Outcomes The student will reliably demonstrate the ability to: Describe the structure of the Canadian government, political and court system Differentiate and compare the categories and source of law Articulate correct legal terminology Discuss the Constitution Act and Charter of Rights and Freedoms Compare varying business organizations: sole proprietorship, partnership and corporation Determine rights and remedies for sellers and buyers under Sale of Goods Act and Analyze Consumer Protection s Outline areas of law applicable to Bankruptcy and the of Banking Categorize different areas of Property (e.g. real,systems of land registration, mortgages, Personal Property Security Act, bailment,insurance intellectual property) Essential Employability Skills (EES) The student will reliably demonstrate the ability to*: 1. Communicate clearly, concisely and correctly in the written, spoken, and visual form that fulfills the purpose and meets the needs of the audience. 2. Respond to written, spoken, or visual messages in a manner that ensures effective communication. 4. Apply a systematic approach to solve problems. 5. Use a variety of thinking skills to anticipate and solve problems. 6. Locate, select, organize, and document information using appropriate technology and information systems. 7. Analyze, evaluate, and apply relevant information from a variety of sources. 8. Show respect for diverse opinions, values belief systems, and contributions of others. THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 2

3 9. Interact with others in groups or teams in ways that contribute to effective working relationships and the achievement of goals. 10. Manage the use of time and other resources to complete projects. 11. Take responsibility for one's own actions, decisions, and consequences. *There are 11 Essential Employability Skills outcomes as per the Ministry Program Standard. Of these 11 outcomes, the following will be assessed in this course. Global Citizenship and Equity (GC&E) Outcomes The student will reliably demonstrate the ability to*: 1. Identify one's roles and responsibilities as a global citizen in personal and professional life. 2. Identify beliefs, values and behaviours that form individual and community identities and the basis for respectful relationships. 3. Analyze issues of equity at the personal, professional, and global level. 5. Identify and challenge unjust practices in local and global systems. 6. Support personal and social responsibility initiatives at the local, national or global level. *There are 6 institutional Global Citizenship & Equity outcomes. Of these 6 outcomes, the following will be assessed in this course. Text and other Instructional/Learning Materials Text Book(s): John A. Willes & John H. Willes ISBN Scheme Canadian Court Group Presentations: Group presentations highlighting an area in the Canadian Court System Legal Terminology Test: In-Class Quiz that will require knowledge of legal terminology Mid_Term Test: Multiple Choice Test covering Chapters 1,6,7 Chapter Quiz: Sale of Goods and Consumer Protection Quiz Chapter 9 Assignment/Presentation: Individual or Group Presentation or Assignment on an aspect of Bankruptcy or Property to be determined by Professor Introduction to Canadian Legal System Test: covering Chapters 10,11,12,13,14,15 CLO(s) EES GCE Outcome(s) Outcome(s) Weight/100 Canadian Court Group Presentations 1 1, 2, 6, 7, 1, 2, 3, 5, , 9, 10, 11 Legal Terminology Test 3 1, 2 15 Mid_Term Test 1, 2, 3, 4, 5 1, 2, 4, 5 25 Chapter Quiz 6 1, Assignment/Presentation 7, 8 1, 2, 5, 6, , 8, 9, 10 Introduction to Canadian Legal System Test 7, 8 1, 2, 4, 5 25 Total 100% If students are unable to write a test they should immediately contact their professor or program Chair for advice. In exceptional and well documented circumstances (e.g. unforeseen family problems, serious THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 3

4 illness, or death of a close family member), students may be able to write a make-up test. All submitted work may be reviewed for authenticity and originality utilizing Turnitin. Students who do not wish to have their work submitted to Turnitin must, by the end of the second week of class, communicate this in writing to the instructor and make mutually agreeable alternate arrangements. When writing tests, students must be able to produce official College photo identification or they may be refused the right to take the test or test results will be void. Student Accommodation It is College Policy to provide accommodation based on grounds defined in the Ontario Human Rights Code. Accommodation may include modifications to standard practices. Students with disabilities who require academic accommodations must register with the Centre for Students with Disabilities. Students requiring accommodation based on other human rights grounds should talk with their professors as early as possible. Please see the Student Accommodation Policy. Use of Dictionaries Dictionary use is not permitted in test or examination settings. Program or School Policies N/A Course Policies N/A College Policies Students should familiarize themselves with all College Policies that cover academic matters and student conduct. All students and employees have the right to study and work in an environment that is free from discrimination and harassment and promotes respect and equity. Centennial policies ensure all incidents of harassment, discrimination, bullying and violence will be addressed and responded to accordingly. Academic honesty is integral to the learning process and a necessary ingredient of academic integrity. Academic dishonesty includes cheating, plagiarism, and impersonation. All of these occur when the work of others is presented by a student as their own and/or without citing sources of information. Breaches of academic honesty may result in a failing grade on the assignment/course, suspension or expulsion from the college. For more information on these and other policies, please visit Students enrolled in a joint or collaborative program are subject to the partner institution's academic THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 4

5 policies. PLAR Process This course is eligible for Prior Learning Assessment and Recognition (PLAR). PLAR is a process by which course credit may be granted for past learning acquired through work or other life experiences. The PLAR process involves completing an assessment (portfolio, test, assignment, etc.) that reliably demonstrates achievement of the course learning outcomes. Contact the academic school to obtain information on the PLAR process and the required assessment. This course outline and its associated weekly topical(s) may not be reproduced, in whole or in part, without the prior permission of Centennial College. THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 5

6 Topical Outline (subject to change): 1 Introduction 1. Establish course expectations with class Presentation and the Legal 2. Review course outline and evaluations Class Discussion System Chapter 1 3. Determine a general definition of the term "law 2 What is the? Chapter 1: 1. Describe the function of the "law" Lecture / Presentation Sources of Instructor Handouts 2. Explain the categories of law, both substantive and procedural 3. Categorize law into Private and Public Discuss the importance of correct legal terminology Class discussion 4. Explore the historical development of 5. Compare common law and civil code 6. Explain the concept of precedent and "stare decisis" 7. Examine federalism and its relationship to the division of powers 8. Discuss the importance of the Canadian Charter of Rights and Freedoms 9. Compare sources of law: Constitution/legislation/the courts 10. Describe the Canadian legislative process View applicable government websites: e-law Supreme Court of Canada Ontario Court websites Government websites Discuss and form groups for assigned Court Presentations 3 Structure of the Canadian Judicial System Chapter 1 Handouts 11. Identify specific legal terminology 1. Define various legal terminology 2. Explain the concept of jurisdiction 3. Distinguish between the federal and provincial court system Lecture and Review Class discussions View applicable government websites e- laws THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 6

7 4. Identify the bodies that enforce law in Supreme Court of Canada 5. Compare different types of trial and appeal courts 6. Describe court hierarchy 7. Explain how the court hierarchy is related to the doctrine of precedent Canada Ontario Courts websites Discuss and form groups for assigned Court Presentations 8. Compare procedures between civil and criminal court 9. Examine the purpose of regulatory tribunals. 10. Discuss the advantages of ADR 4 Courts of Canada Group Presentations 5 Forms of Business Organizations Agency Partnerships Text Outside sources Chapter Review the role of legal professionals Compare different aspects of the Canadian Court System 1. Identify forms of business organizations 2. Compare the advantages and disadvantages of sole proprietorships and partnership 3. Compare liability in business organizations Group Presentations Presentation Business Canada Website Industry Canada Website Canadian Court Presentations 4. Identify 4 ways an agency relationship can be created 5. Distinguish actual authority and apparent authority of an agent to enter into a contract Partnership Act Class Discussion Case Review 6. Explain an agent's fiduciary responsibility 7. Describe a principal's duty to an agent 8. List 5 ways to terminate an agency relationship Review Business Registration Forms Fill out business registration forms THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 7

8 9. Illustrate practical strategies for a principal to manage risk in preventing unauthorized obligations 10. Review the legislative rules for partnerships 11. Identify key elements of a partnership agreement 6 Forms of Business Organizations Corporation Chapter 7 Handouts 12. Register a business organization 1. Examine the nature of a corporation 2. Determine the birth and death of a corporate identity 3. Differentiate between General and Special Act Corporations Lecture / Presentation Class Discussion Learner Reflections Review Case Legal Terminology Test 4. Outline the division of corporate powers Nuans Search 5. Discuss how directors and officers exercise power 6. Explain the fiduciary duty of corporate management 7. Identify liability risks associated with being a director or officer 8. Evaluate characteristics of corporation, sole proprietorship and partnerships 9. Discuss how shareholders may exercise power 7 Mid- Term Test Chapters 1,6,7 Class notes/handouts 8 Sale of Goods Chapter 9 1. Describe the nature of a contract of sale and the Sale of Goods Act Mid-Term Test Mid-Term Introduction to the Canadian Legal System Lecture / Presentation THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 8

9 Consumer Protection Review on-line Sale of Goods Act 2. Define title and outline the rules that determine when title and risk passes to the buyer Class Discussion 3. Summarize the rules under Sale of Goods Act 4. Identify implied conditions and warranties ca/mcs/en/pages/cons umer/protection_legisl ation.aspx 5. Explain "caveat emptor" 6. Compare the rights and duties of the buyer and seller 7. List the remedies available for both a buyer and a seller 8. Explain protections for the consumer available under provincial and federal consumer protection legislation 9. List statutory duties of credit reporting agencies 9 Aspects of Banking Negotiable Instruments Bills of Exchange Chapter 10: 10. Explain collection agencies limitations 1. List the types of negotiable instruments that Lecture / Presentation fall under the Bills of Exchange Act Group discussion on scenario based question 2. Summarize requirements that an instrument must satisfy to fall under the Bills of Exchange Act 3. Determine the advantages in business of a bill of exchange 4. Distinguish between a cheque and a bill of exchange Review Sample Negotiable Instruments Banking Websites Chapter Quiz Sale of Goods 5. Compare demand and sight bills 6. Explain the basic characteristics between a bill of exchange and a promissory note THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 9

10 10 of Credit and Finance Security Instruments and the PPSA Bankruptcy Chapter Determine party liability with respect to endorsements on a negotiable instrument 8. List the classes of defences that can be raised to a payment of a bill of exchange 9. Explain the special rules that protect consumers under the Act 1. Identify the types of instruments available to creditors to secure debt payment 2. Outline how security instruments protect creditor`s investments 3. Differentiate between a chattel mortgage and a lien on property 4. Describe the process to establish public notice of a claim under Personal Property Security Legislation 5. Discuss loans made under the Bank Act 6. Determine creditor s rights after default 7. Explain the purposes of the Bankruptcy and Insolvency Act 8. Differentiate between consumer and business bankruptcy 9. Distinguish insolvency from bankruptcy 10. Outline the initiation of bankruptcy proceedings 11. Summarize bankruptcy procedures under the Act 12. Categorize the distribution of a debtor s assets in the bankruptcy procedure Lecture / Presentation Experiential Based Class Discussions Review BIA THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 10

11 13. Specify three categories of creditors 11 Bailment Insurance Chapter List penalties under the Act 1. Detail the nature of bailment and its effect on risk allocation in business 2. List three elements of a bailment 3. Compare various forms of bailment 4. Describe the process of sub-bailment Presentation Insurance forms Applicable websites Class Discussion 5. Distinguish the standard of care for different bailees 6. Assess the scope of liability for bailor and bailee 7. List statutory protections available for bailment 8. Explain the purpose of insurance 9. Analysis various forms of insurance and their uses in business risk management 10. Identify the parties to insurance contracts 11. Explain the concept of indemnification 12 Real Property Chapter Compare salvage, contribution and subrogation 1. Define real property 2. Explain the purpose of a centralized land registry 3. Indicate which system of registry operates in your jurisdiction Flipped Classroom Review RTA Assignment/Pr esentation 4. Identify three estates in land 5. Explain Crown expropriation THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 11

12 6. Explain the land-holding relationship in a condominium 7. List common terms in a leasehold interest in land 8. Explain exclusive possession 9. Compare the rights and duties of the Landlord and Tenant 10. Explain quiet possession as it applies to leases 11. Describe the rights of a landlord and tenant in the event of a breach by the parties 12. Compare the remedies for landlords of residential and commercial leases 13 What is Intellectual Property? Infringement Legislation Review of Consumer Protection s Chapters 14/ List ways in which an interest in land is acquired 1. Discern the importance of intellectual property rights in business 2. Determine what constitutes infringement 3. Examine patent law protection 4. Review trademarks and their protection Lecture / Presentation Video View Website Intellectual Property Office cipo.ic.gc.ca Competition 5. Discuss copyright and industrial design protection 14 Summative Chapter Test / Class notes/handouts 6. Analyze government regulation of business competition In-Class Test Final Test Introduction to Canadian Business THIS COURSE ADHERES TO ALL COLLEGE POLICIES (See College Calendar) 12