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ACTG 2P40 LECTURE 1&2.docx

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Tommy Wall

ACTG 2P40 – Managerial Accounting Lecture 1 (September 10, 2013) Introduction to Law (Chapters 1 and 2) [Tom Wall 905-688-0416] Philosophies of Law 1. Natural Law  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) 2. 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 1. Governance of conduct: codes of conduct, income taxes 2. The authority of government to act: laws above all laws  Gives government of Canada the right to make those laws 3. Governance of relationships : law of contracts Sources of Law in Canada Three sources of law in Canada: (a) The constitution i) 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). ii) The Canadian Charter of Rights and Freedoms 1982 – we are all created equal; no difference based on race, sex, religious beliefs, etc. Charter applies to the government not individuals. Government can’t make laws that infringe our charter of rights and freedom. (b) Legislation - A written law – act of parliament/act/statute i) Purpose - to govern people and conduct e.g. employment standards act. ii) Regulations – add-ons to legislation (laws are amended or updated through regulations) iii) Administrative Tribunals – mini court - Liquor control board of Ontario  liquor licences - E.g. rental housing tribunal  residential tenant + landlord disputes iv) Statutory Interpretation - People get into arguments over what a law means (c) Common Law (judge-made law) – the courts i) Development of Common Law Stare Decisis (to rely on previous decisions) - Making the same decision over and over – keeps it consistent. ii) Equity - Imposing stare decisis The Courts 1. The Ontario and Canadian Court System - Small claims court  Anything under $25000 while suing, they deal with.  People who cannot afford a lawyer - Ontario Superior Court of Justice  Any claims $25000 and over - Ontario Court of Appeal  If you want to appeal it if you didn’t like the decision made by Ontario Superior Court of Justice.  Won’t accept every appeal, they select cases - Supreme Court of Canada  If not satisfied with decision made by Ontario court of appeal, you appeal to the Supreme Court  Average of 14 cases a year 2. Litigation in the Courts To sue someone through statement of claims. - making a claim -served on person being sued (person receives claim)  Defendant: person being sued  Has to respond within 20 days - seeing lawyers (dispute is recorded – transcript) - Pre-trial - Court TORT Law and Professional Liability – Chapter 3 and 4 Tort: “wrong” TORT LAW 1. Origin of the Tort Law System  Someone proposes a tort against you 2. Intentional Torts  Wrongs that are perpetuated intentionally (a) Assault and Battery Assault: threat of violence to another person. Battery: the actual physical contact. - establishing damages/losses (missed work for a month). - civil side (which is suing) not criminal side (which
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