MGT393H5 Lecture Notes - Affidavit, Ultra Vires, Crossclaim
Document Summary
Note for chapter 1 and 2 focus on classroom coverage. Risk shifting: make the risk someone else"s problem. Buy liability insurance for losses caused by danger. Risk acceptance: choose to live with the risk. Understanding the operation of our legal system political process environment sociology. Law is dynamic illustration(s) consider . pornography, drunken parties [host] etc. Ways to categorize law (discussed in class; mss example on classroom blackboard) Constitution includes the charter of rights and freedoms. Federalism division of powers ultra vires. Statutes (e. g. rso; rsc etc) see page 5 common law integrate courts of equity. Important understand the interrelationship between the various sources. Common law stare decisis consider jurisdiction same province, canada. Precedents persuasiveness - level of court date of precedent. Purpose of stare decisis certainty and predictability continuity consistency cases distinguished on their facts. Role of the courts determine the validity of legislation; interpret legislation; protect civil liberties; resolve disputes between private parties.
