Business Law Notes.docx

Business Law Notes.docx - Business Law BUS 2320 Chapter 1...

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Business Law BUS 2320 Chapter 1: The Canadian Legal System Definition of law: Law is the body of rules that can be enforced by the courts or by other government agencies, law does not define ethical behaviour. Categories of Law o Substantive Law: rules governing behaviour o Procedural Law: how the legal process works o Public Law: regulates our relationship with the government o Private or Civil Law: regulates personal, social, and business relationships Civil Code Legal System o Codified body of rules o Originated with the Romans; later modified by Napoleon o Used in most countries o Quebec’s legal system is based on the French Civil Code Common Law o Following precedent or stare decisis o Bound to follow precedent case if; decisions are made by higher court, in the same jurisdiction, or based on similar facts Law of Equity o Decisions made by Courts of Chancery o Based originally on fairness o Developed to counter rigid common law o Courts later merged, but bodies of law remained separate Statutes o Laws created by legislative bodies o “Parliamentary supremacy” (legislation overrides common law and law of equity) o Often summarize or modify common law o Includes government regulations Sources of Law o Law applied in courts today is derived from judge-made law (common law and equity) and from statutes, including regulations at both federal and provincial levels. The Law in Canada
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o Canada created by British North America Act, 1867 o Canada inherited certain conventions or traditions from Britain: rule of law, principles established in the Magna Carta o Parliamentary Supremacy o BNA Act now called Constitution Act (1867) – Sections 91 and 92 divide powers between federal and provincial governments, principle of paramountcy applies in cases of conflict between federal and provincial laws Constitution Act (1982) o Ended ties with British Government o Listed government enactments having constitutional status o Established amending formula for constitutional change o Includes Charter of Rights and Freedoms Charter of Rights and Freedoms o Protects individuals from infringement on their rights by governments or their agents o Includes limitations on Charter rights Chapter 2: Torts and Professional Liability Tort o Private or civil court action where the injured party sues wrongdoer for compensation for wrongful conduct o
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