ACTG 2P40 Lecture Notes - Precedent, Small Claims Court, Implied Consent

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15 Oct 2013
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Religious view: all of the laws that we have today is morals (based on morals e. g. bible) Non-religious view: rational/reasoning people we need laws to govern us. Anything that governs us (laws based on rational thinking e. g. education: legal positivism. Physical e. g. gravity laws that you can"t change. Normative e. g. criminal code made by government (man-made) The role of law: governance of conduct: codes of conduct, income taxes, the authority of government to act: laws above all laws. Gives government of canada the right to make those laws: governance of relationships : law of contracts. Three sources of law in canada: (a) the constitution: the constitution (1867) British north america act splits into the responsibility of government vs what the federal government does. If provincial government tries to make a law outside their jurisdiction. (quebec trying to make their own charter of rights and freedoms; federal government is suing them): the canadian charter of rights and freedoms.

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