LAW 122 Lecture Notes - Tax Law, Primary And Secondary Legislation, Royal Assent
11 May 2014
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Document Summary
Shareholders would not be liable for the company"s debts. The nature of law: laws are rules that can be enforced in court. Jurisdiction: geographical areas that share the same set of laws: two types of legal systems: Preservation of promise: sale of goods, negotiable instruments, real estate, corporations, employment. Tort law wrongs against persons (involuntary) Preservation of status: real property, personal property. Federalism: federal government: represents the entire country. Lead by prime minister: provincial (territorial) government: represents province/territory. Hierarchy sources of law: constitution, legislation, courts. The constitution: british north america act (1867, highest source of law. Section 52 - law inconsistent with the constitution: no force or effect. Doctrine of federal paramountcy: federal laws will prevail: difficult to comment. Requires consent of parliament and two thirds of all provinces with at least 50% population: division of powers. Property, civil rights: charter of rights and freedoms (1982) Economic and property rights are not protected.
