BUS 393 Lecture Notes - Precedent, Rex (Title), Judiciary Of Australia

32 views3 pages
Published on 19 Sep 2012
School
Simon Fraser University
Department
Business Administration
Course
BUS 393
Professor
BUS 393
Lecture 1
September 10, 2010
Intro to Legal System
Colin Hawes
What is Law
Legal Systems
(23)
Law: Body of rules that can be enforced by the courts or other government agencies
Business Law: Any of those rules in law which relate to business
Canadian Law: Canadian Constitution and the Charter
Legislation, Acts, Statutes, Codes
Court Cases and Precedents: Case Law
Lawyers: Experts in the law
Defending or Representing clients in courts or outside courts
Prosecuting offences
Litigation: Lawsuits
Provide legal advice
Drafting legal documents and contracts
R. v. Bob: Rex (King) or Regina (Queen) against Bob, state initiated
Constitution Act: The Canadian law
Charter of Rights and Freedom: Rights of the people
Fundamental Freedoms
Democratic Rights
Mobility Rights
Legal Rights
Equality Rights
Language Rights
Division of Power Between Governments: Gives authority to provinces and federal entities to
enforce law, but only federal government has power to create criminal law
Civil Law Legal System
Relies mainly on codes and statutes
Statues: Acts passed by federal or provincial parliaments, aka legislation
Judge’s decisions in courts are not so important for developing the law: judges do not ‘make law’ in a
civil law system
Used in many developing countries
Common Law Legal System
Used in developed countries
Judge-made laws where there are no rules for
Stare Decisis: What is decided earlier must be followed when the decision made is equal or higher in
the court hierarchy (same province)
Provides predictability
Results in inflexible system, because society has changed since the past decision
Distinguishing the Facts: The process of a judge finding the essential differences of the present
and past case, if he feels that the prior decision will create an injustice in the present case
Can have two types of activity in court: Civil or Criminal
Civil: Test probabilities, 50%+
Criminal: Beyond reasonable doubt, restricted to what is inside the Criminal Code
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Document Summary

Law: body of rules that can be enforced by the courts or other government agencies. Business law: any of those rules in law which relate to business. Canadian law: canadian constitution and the charter. Defending or representing clients in courts or outside courts. R. v. bob: rex (king) or regina (queen) against bob, state initiated. Charter of rights and freedom: rights of the people. Division of power between governments: gives authority to provinces and federal entities to enforce law, but only federal government has power to create criminal law. Statues: acts passed by federal or provincial parliaments, aka legislation. Judge"s decisions in courts are not so important for developing the law: judges do not make law" in a civil law system. Stare decisis: what is decided earlier must be followed when the decision made is equal or higher in. Judge-made laws where there are no rules for the court hierarchy (same province)

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