Business Law Midterm Review.docx - Business Law Midterm...

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Business Law Midterm Exam Week 2 The 3 courses of law in Canada. Common law Precedent: The Latin term means stand by that decided. The common law was brought over to Canada from England. It’s called the common Law, when the English judges and ride around the countries, they would hold court hearings, and they would learn about the local customs, rules, then they would go back to the court centre in London, the judges would discuss with a group what customs and rules they picked up that summer on the rule, if they liked it, they would make that rule common to the whole country. The English court system in Canada brought it over. It’s in 9 out of the 10 provinces. Quebec does not have the Common Law, they were settled by the French, and they got their laws from the Roman civil system, they wrote everything down in a giant book. The use of precedent doesn’t really apply in Quebec. The Canadian system is based on a hierarchy of courts. - Every decision that comes out of the Supreme court of Canada sets a precedent. - Newspapers hire people to cover the Supreme court in the news, every decisions they make sets a precedent. - And then we move down to the courts of appeal in each province. In Ontario, it’s the second highest court in the system. The higher up you go in the court system, the more precedent decision it has. S: whenever a new point or appeal comes, it takes place of a precedent? T: That becomes precedent of that court or lower. Right now, there’s a big fight between the provincial government and federal government whether the federal government can issue carbon tax. The Ontario court says yes the feds has jurisdiction. Alberta says no they don’t. whatever the Supreme court decides will be the rule in the land. Same with the US, same system, the British exported it. S: Can we say precedent is ruled by the Supreme Court? T: They will be the ones that set one. But not every case goes that high. The Supreme court only sees about 100 years per year. The rest of the cases go to the lower courts. - Quebec is a totally different system. They are based on the Roman system. Whatever the Quebec court sets, it only becomes persuasive. - Quebec was settled by the French. The British agreed that Quebecers can keep their civil systems. The 3 different types and sources of land in Canada.
- The most important source of law is the Constitutions. - Ours is made of two statutes, one created in 1867, That came into law on July 1 st on 1867. - It has two independent levels of government. You have the parliament in Ottawa , managed by Justin Trudeau. - Then we have provincial governments, you see news conferences by Doug Ford who’s the Premiere of the province of Ontario. - The issue becomes, we got these two levels of government, we can’t have them making laws on the same topics, it can be ridiculous.

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