Comm 393 Class Notes PDF - Comm 393 206 Commercial Law...

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Comm 393 - 206 - Commercial Law - Class Notes January 7 Lecture 1 Types of Law 1. Procedural - The rules that organize the legal system and the method of conducting trials - The machinery through which the substantive law is enforced - The law of evidence - The law of pleadings (documents you need to file to initiate a legal action) - Created by the government 2. Substantive - The law that creates, defines and regulates our rights in society - Created by the judges (common law), government (legislation/statutes), administrative tribunals (Ex. Human rights tribunal) - Two types - Public and Private/Civil Public - Law that governs the relationship between government at all levels (Federal, provincial, municipal) - Law that governs relationship between persons (Non-human legal person not including people (Ex. Corporation)) - Tax Law - Immigration Law - Criminal Law - Constitutional Law Private/Civil - Law that governs the relationship between persons - Tort Law - Land/Property Law - Family Law - Contract Law - Partnership Law - Company Law - Will & Estate Law of 1 24
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January 12 Lecture 2 Types of Law 1. Procedural; ( or adjective law) comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings. 2. Substantive Law; defines rights and duties, such as crimes and punishments in the criminal law and civil rights and responsibilities in civil law. It is codified in legislated statutes, can be enacted through the initiative process, and in common law systems it may be created or modified through precedent. - Public - Criminal - Punishment - Private/Civil - Civil - Compensation Systems of Law - In Canada there are 3 systems 1. Common Law -from 13 th century England 2. Civil Law -In Canada, only in Quebec -Most prevalent in the world -Oldest, based on roman civil code 3. Equity -From England -Started at end of 13th century Criminal Civil Charge/punishment Guilty - remove criminal from society (Rehabilitation/ Restitution) Liable - Compensate victim with money Who commences criminal action? Crown vs. Defendant Crown is known as ‘R’ or ‘Rex’ Plaintiff vs. Defendant Who has the burden of proof? The crown The plaintiff How much proof? Beyond reasonable doubt (Because putting someone in jail, not just money) On a balance of probabilities (51% rule) Jury (Up to defendant if he wants it) 12 - need all 12 to agree 8 - only need 6/8 to agree of 2 24
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Civil Law - black and white - controlled by the government - possibility for error because if judge uses different section of law in the law book than they should have it will lead to different results - rigid Common Law - messier - stare decisis (let the former decision stand) - theory of precedent - judges must look to past cases 1. Similar of identical facts 2. From higher or equal court 3. Is the same jurisdiction to decide the new case - remedy is only money Equity - originated at end of 13 th century - based on morals, ethics, fairness - first called courts of Chancery - Changed to courts of equity - equitable legal principles developed - 1875 - 2 courts merged in England, but the systems remain distict, but are both case based,
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