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Comm 304 full notes 2 (2).docx

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COMM 304

Business Law Notes2 main sources1 Statute legislation enactment act code bylaw etc2 Common Lawprecedent judgemade law Stare Decisisprevious court decisionsProvincialCanadaJustice of the peaceSupreme court of CanadaProvincial courtFederal CourtQueens Bench jury Tax CourtCourt of AppealJurisprudenceour system of law made up of both statute and common lawJurisdictionpower of the courtJudicial Hierarchy ladder of the court or Judicial TribunalAdministrative tribunalor a quasijudiciala body created by a specific statute to carry out the objectives of that statute ex Highway Traffic Board Labour Relations Board Human Rights CommissionHTBobtain license administrative function too many tickets a 008 violation board can decide on punishmentcan appeal to board and it takes place in a quasijudicial functionlicense revoked etcLRBhealth workers strike review and make a decisionConduct on becomingcharged like a trial but no administrative tribunal can sentence you to prisonLGA liquor and gaming authority they alone can issue license to sell alcohol can beRevoked if any of the criteria are not metHRCany sexual harassment cases etcEvery school board has administrative tribunal so does U of S police have them tooEvery profession is recognized under a statute school ONLY gives you degreeLaw society of Saskatchewan is required for lawyersconduct unbecoming is carrying an offence that offends your profession can be brought before the board or discipline committeeif guilty suspend temporary or permanent cannot send to jail cause NOT in JURDICTIONway more admin tribunals than court of lawJustice of the Peaceused more in past than used todayjudges can travel easier now bc of roads etc ie town folks had boats on piers and Chad came by and started boats until he found oneowner of that boat couldnt get attention so went to get RCMPgot Justice of Peace and went to court looked at boats got piracy and sentence to hangstill used to carry out minor traffic offences in big citiessometimes called Traffic Justicemany are retired police officers who usually dont have any formal legal trainingin small communities JP is a retired respected member of the communitycan release you from jail if charge is not seriouscalled a recognizance bailfreedom taken away and reinstated by due process of lawafter 1975 police can release you if they dont you can call JP or lawyer to call JPJP work 24 hours a dayJPs dont have legal authority to marry peopleOnly 3 persons to record marriage clergy bands marriage commissioner kin to JP ceremony is quickjudges can marry people but dont really do it unless its people they knowstProvincial Court1 real court discussedHas absolute jurisdiction over all summary offence chargesdeals with 95 of criminal matters other 5 is CQBall start with an information merely sets out components of allegationcan either volunteer to appear be subject to a summons or stay under arrestall preliminary hearingsall quasicriminal matters between civil and criminal parking ticketsmall claims 1969claim up to 5000maybe 7000 in next few monthscant lose your case on legal technicalitiesprocedure type up summons for you 20 then summons person to court and if person fails toshow then default judgment is usually handed down in favour of the present partyCivil Law99 are civil law cases which is the relationship between individual and individualif claim poor construction of house or malpracticestate is not interestedup to the person to prosecute defendant CANT be forced into courtroomCriminal Lawrelationship between the state and the individual arson rape murder drunk drivingpower to arrest summons you seeking to punishconfined to residence prison cant drive a car a fine remove certain privilegesstate administers laws and gives itself power2 categories of criminal lawASummary Conviction less seriouscarries a general penalty fine up to 2000 orand prison up to 6 monthssome offences have specific penalty ie 600 min for DUIexcommon assault intentionally strikes another theft under 2000 causing a disturbance in a public place shouting swearing fightingcan party in apartment but NOT in hallways joyriding a little less than stealing take vehicle for a drive impaired driving or dangerous driving soliciting for prostitution can be a dual offense if causes deathprosecutor can choose either penaltyup till the point of the defendant convicted for 08 they dont know if the defendant has committed the crime beforeif after convicted again judge has NO CHOICE but to sentence defendantto at least 14 days imprisonmentall these can be discharged either by conditional or absolutemarijuana can be absolute if under a certain amountwill be a record of a criminal discharge answer to if convicted YESbut pardoned not NOBIndictable offense more seriousright of election is to choose what court to be tried a prov Crtb CQBcCQBjuryif chooses b or c a preliminary hearing is needed in provincial court2 reason for prelim a is incumbent to call all witnessesexamination in chiefcross examination must make full disclosure of evidencevery rare for defence to have any witnessesjudge hears all evidence and is satisfied to warrant a trial if good enough casegives either a committal or discharge 999100 it will stand trialreasonable doubt at prelim is given to accused not at trial thoughb gives accused person the opportunity to see and hear all evidence against theman experienced criminal knows that especially if the longer the delay the increased chance in favour of the accusedwhen trial goes the witness MUST be exactly what they said or lose credibilitychoosing a jury may take 6 months to a year so the longest elapsedwitness may not remember contradict or go awaysomeone can reelect a few days after their choice of trial to delay even moreCarries a specific penaltymurder 1 murder 2 carry automatic life sentences manslaughter is up to life used to be 45 years minimumnow is about 810 yearsmurder 1 no parole until 25 yrs are served murder 2 till 10 yrs are serveda wrongful act resulting in death no intent to kill 1 if kill the guy sleeping with wifeimpaired driving causing death carries up to life imprisonmentcriminal negligence carries up to life imprisonment
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