2003_WINTER_BLAW_301_LEC_B3

2003_WINTER_BLAW_301_LEC_B3 - UNIVERSITY OF ALBERTA School...

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UNIVERSITY OF ALBERTA School of Business Department of Marketing, Business Economics and Law BUSINESS LAW 301, B3 - Legal Foundations Of The Canadian Economy Winter, 2003 Instructor: Philip Raworth, Professor Emeritus Course Outline Class: TR 0930 – 1050 Location: Room TB 87 Phone: (780) 492-3998 Office: Room 3-30N Fax: 492-3325 E-Mail: praworth@ualberta.ca Course Description The course aims to acquaint students with some fundamental aspects of the Canadian legal system. It starts with an analysis of the Canadian system of government and the court structure. Then we look at two substantive areas of law that are particularly important for the conduct of business: contract law and tort law. The course also serves as a general introduction to the Canadian legal system for students who are not in the School of Business. Format of the Course The course will comprise formal lectures. Participation by students is encouraged but is not mandatory. No mark is given for class participation. Instead, there will be two take-home exams, each of 50% value. The first exam will be due a week after reading week, and the second is due on the last day of classes. Required Texts J.E. Smyth, D.A. Soberman and A.J. Easson, The Law and Business Administration in Canada , 9 th edition, 2001 ( available in the bookstore ) The Constitution Act, 1867, as amended The Constitution Act 1982 ( These statutes are available from the Queen’s Printer in Edmonton or online)
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PART ONE: CONSTITUTIONAL LAW 1. The Theory of the Separation of Powers Attachment to the syllabus 2. The British and US Constitutional Models Attachment to the syllabus 3. The Canadian Constitution a) The Constitution Acts Constitution Act, 1982, s. 52 b) The Adoption of the British Model Constitution Act, 1867, preamble c) The Legislative Branch Constitution Act, 1867, ss. 17,21, 23, 37, 50, 53, 55, 56 d) The Executive Branch Constitution Act, 1867, ss. 9,10, 11.13, 15, 58, 63, 66 e) The Judicial Branch Constitution Act, 1867, ss. 96, 101 f) The Head of State Constitution Act, 1867, preamble, s.10 g) The Federal Division of Power Smyth and Soberman, pages 9-10 Constitution Act, 1867, preamble, ss. 91, 92, 92A, 93, 94A, 95 Fisheries Act, RSC 1970, ss. 33(2),(3). (These sections are attached to the syllabus) Fowler v. The Queen , [1980] 2 SCR 213 Northwest Falling Contractors v. The Queen , [1980] 2 SCR 292
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The Charter of Rights Smyth and Soberman, pages 11-16 Constitution Act, 1982, ss. 1-34 i) The Amendment of the Constitution Canada Act, 1982 (UK), s. 2 Constitution Act, 1982, ss. 38-52 PART TWO: THE MACHINERY OF JUSTICE 1. The Different Types of Law Smyth and Soberman, pages 21-25 2. The Sources of Law Smyth and Soberman, pages 25-28 3. The System of Courts in Canada Smyth and Soberman, pages 29-32 4. Court Proceedings Smyth and Soberman, pages 33-41 5. Alternative Dispute Resolution Smyth and Soberman, page 42
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2003_WINTER_BLAW_301_LEC_B3 - UNIVERSITY OF ALBERTA School...

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