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Bus 393 - Lecture 1

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Business Administration
BUS 393
Colin Hawes

BUS 393 September 10, 2010 Lecture 1 Intro to Legal System Colin Hawes What is Law  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 Legal Systems (23)  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 Canada’s Courts (66)  Provincial Courts: Also have Small Claims Court and Family Court, sometimes Youth Justice Court  Small Claims Court: Civil matters $5000 - $25,000  Family Court: Custody of children  Surrogate or Probate Courts: Specialized courts  Circuit Court: A mobile court Process of  Sentencing Circles: Not a court, involves all interested persons meeting in the circle to discuss the offense and sentencing options; usually for aboriginal offenders and victims Civil Litigation,  Limitation Period: The available timeframe which you must file a court case in, if this is past, then you Suing cannot file a case (73)  1. Determine Jurisdiction: Where to sue? Depends on where the defendant resides or the area where the incident arouse  2. Pre-Trial Procedure:
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