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University of Saskatchewan
COMM 304

Comm 304 Business LawWed Jan 6 2010WarrantyThis only protects the dealerseller of the object under warrantyWhen you buy the object and sign the warranty card you sign away your legal obligation to take the object back to the place of purchase for a full refund or replacementWarranty gives protection to the seller against the consumerWith a warranty you enter a contract does not allow you to return and get money backSale of Good Actlaw says where you have not contracted yourself out there is a guaranty implied so could get money backGuarantyThis is a legal right to take back the object to the place of purchase and get the money or the product exchangedCertified chequenot a guaranty of payment Maker seller can stop payment if it is taken out Once made money put in suspended account Certified by maker just make sure that the maker has the money If payee you certifies a cheque then it is guaranteedIf freedom is taken away then under the Charter of Rights and Freedom entitle you to legal council calls needed not just onein private where no one can over hear youMoney order is guaranteed like money in handEvery court case has 3 partsoFactsoDecisionoREASON for decisionRatio Decidendi Latin termOn exam will give facts then have to talk about the law of warranty and guaranty follow these 3 parts of a court caseThe use of a telephone when arrested is private and you have a certain time to contact anyoneWhat is LawIs a set of rules and regulations made by the people for the people to help govern the way of life and the lifestyle of societyLaw has the ability to change as the lifestyles of the people it governs It regulates changeLaws also change to accommodate the people who make and regulate the lawThe law is not always fair or just as people are not perfect nor is it consistentLaw is made by people and we try to approach consistency although there are always changesLaw comes from custom religion and society organization and comes from situations that arise in the lawSuch as the two main areas of law Statute legislation and Common LawIf there is no law in the legislation or Common Law it cannot govern a certain matterNothing more than man made rules and regulationsA tremendous maze 9000 or more pages of provincial statute more in federal statute of man made rules and regulations1Comm 304 Business LawNever consistent not always fair has short comingsIn a common cell you will see a bed toilet sink Nothing that can be used for dangerA motor vehicle can be driven at what speed on a public highway in Saskatchewan No person shall operate a motor vehicle at a speed greater than 80 kmh unless otherwise statedPublic highway is any road that the public is able to drive onWhere does it come from Sources of lawStatute AKA government law legislation Enactment Act code bylaw skeleton of the lawCommon law AKA judge made law Case law previous court decisions precedent Stare Decisis Latin termstand by their decision vast area of the lawWe are presumed to know the lawignorance of the law is no excuse nor is it a proper defense but can be used to reduce the severity of the sentenceAlthough the law may sound precise there are always loopholes in the description of the lawThe Statute gives us a description of law in which case we can set precedence in the Common Law which will govern the peopleFederal law no one should operate a motor vehicle or be in the care and control of a motor vehicle whether it is in motion or not while impaired with alcohol or drugs A policeman has the right to pull you over Breathalyzer make you step out of your car search your car and charge youMarital breakdown is the only ground for a divorce in Canada in 201012 month separation has treated the spouse with physical or mental cruelty making it unbearable to cohabitatehas committed adultery Up until 1869 you could only get divorced if someone committed adultery raped committed bestiality engaged in homosexual actSystem of Jurisprudence Made up of Statute Law and Common Law The statute is a skeleton of the law which leaves it up to the Common law to interpret the statute Is a judge made law or precedence that the court is allowed to set laws and make new lawsRules in favor of the majority of the society although to never overlook the minorityParliament gives us only the skeleton of the law allowing the courts to interpret itCrime isnt committed without intention of the person to commit itStatute Lawlaws that have change take precedenceIntentionimportant word Cant have any crime without the intentionJan 13 20102Comm 304 Business LawLevels of Power in ProvinceCourt of AppealQueens BenchJuryProvincial CourtJustice of the Peace JPOttawa Supreme Court of CanadaJudicial Tribunals Judicial hierarchyJurisdictionhigher up court the greater the jurisdictionAdministrative Tribunal Some times referred to as Quasijudicial between administrative and judicialEvery profession is run by an administrative Tribunal A body created by a specific statute to carry out the objectives of that statuteEg Highway Traffic Board regulate lawswho and what circumstances you can hold a license and it being taken away Labor Relations Board Liquor and Gaming Commission Parole Board Human Rights Commission All schools boards Provincial Police Commission U of SBoard of Governors All various hospital districts Institute of Chartered Accountants Medical Profession Act Legal Profession Act Professional Engineers Act Dental Profession Act Every profession has its own administrative tribunalEx To sell alcohol need to acquire permission from the Sask Liquor and Gaming AuthorityEx To practice medicine must go through a tribunal as wellDiscipline Committee Justice of the Peace JPRole to settle very minor criminal matters in the past now only in trafficspeeding ticketsEmpowered to release the people that have been arrested minor offences wont be released for serious ones let out on bailMainly to sit on traffic matters speeding stop light ticket etcUsually an elderly well respected individual retired not formally trained in lawTo get a civil marriage go to marriage commission similar to JP3
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