Management and Organizational Studies 2275A/B Lecture Notes - Freedom Of Movement, Stock Market, Pink Triangle

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- Stock market volatility blames Greek debt
- Greek people retire at 55 and 1/3 of people work for the government
- Greek lying about GDP since joining the EU
- Greek either going to default or bailed out by the EU again
- Bailing going to an end German & France have started bailing out other countries
- Last week Moody’s downgraded two French banks – these banks hold a very large portion of
Greek debt (as a result balance sheet looks very risky) exactly what happened in 2008
Majority of those French banks assets are Greek loans
- Austerity plan: opposed by Greeks because they never had to pay taxes & retired at a later age
Greeks retaliated as a result
- Overall picture: we are Greece (predictor)
Ontario Premier spent more than we don’t have
2008 Bailout companies with trillions of dollars that the USA did not have
What is Law:
- Whether law is enforced or exist independently of humans
- Should people abide bad laws (people do not believe/agree with the law)
Where does Law come from:
- Precedence/ cases set from the past
- Criminal code government passes statutes or legislations
- The constitution (at the top, most important) anything that conflicts with the constitution
always loses (regardless of cases and statutes)
- In Britain is it entirely made of tradition, precedence etc.
- Americans wrote down their constitution (entirely different) from Britain
Change the constitution, make amendments
- Canadian constitution is partly unwritten, and partly written
- Written constitution: charter of rights and freedom
- Unwritten constitution: 3 judges from the supreme court of Canada must be from the province
of Quebec, Government General is always switched between Francophone and Anglophone
- In Canada, the government must obey the law if unconstitutional, anyone can challenge them
in court and if found true, they have to change their policy
- Many governments do not follow the law/constitution, they are above the law many people
around the world live in fear of government or police
Division of Power:
- Section 91 & 92: division of power
- 91: federal government & laws banking, direct taxation, criminal code, international trade,
federal jurisdiction, navigation in shipping,
- 92: Provincial government and the kind of laws they can set marriage/divorce, health care,
education, property and civil rights, licenses, municipalities (by-laws)
- Peace order Pod Clause: when there is a gap, it goes to federal government (i.e. air travel,
telecommunications etc.)
- Federal governments get anything that’s on both lists (federal and provincial)
Charter of Rights and Freedom:
- Part of the constitution anything that conflicts have no force or effect
- Came into power in 1982 development in Canadian law when introduced
- Reflected Canadian values in existent at the time
- Sets out right and freedom that every person in Canada enjoys guarantees as part of the
constitution
- What are they:
Section 2: everyone has the fundamental freedoms: conscience & religion, thought, belief &
opinion, assembly and association the charter applies to everyone who lives in Canada
(anyone who stands on Canadian soil)
Democratic rights, mobility rights, legal rights (security, liberty, freedom without warrants)
- 3 limitations:
1) section 33 notwithstanding clause (override the charter, so long as they say in the statue
“….”) – in effect for 5 years French 101 in Quebec
2) section 1: subjects to reasonable limits because we live in democracy rights are not
absolute (i.e. Pink triangle press lesbian press in Vancouver: tried to import graphic
material from USA but repeatedly stopped at the border deemed obscene even though
homosexual graphic material were not stopped)
Hate speech law limitation to freedom of speech (can not advocate for genocide) --> worlds
biggest genocides began with words (i.e. holocaust hitler got elected through speech)
- After 9/11: balance shifted from individual rights to societal rights (National security) - concern
Government and police gets more power, they seldom give it back
October 1970: war measures act - to quell uprising in Quebec it gave police a lot of power and
the abused them (rounded up people they did not like, arrested people without evidence,
searched without reason or improbably cause, did not give people the access to a lawyer)
3) Charter of rights (section 32) only guaranteed from government, not from each another
each province has a human right code, prohibit discrimination from private parties (i.e. race,
religion, ethnicity, gender, age, skin colour, harassment etc.)
Cases:
- Treat alike cases alike precedence
Why? Sense of fairness, convenience, & predictability (certainty)
Down side: cases are always different & circumstantial, social attitude change (how does law
progress) inflexible (i.e. a bad decision results in many bad decisions)
Judges decide whether a second case is similar or not to warrant a similar outcome
System of appeal: bad decision could be appealed, must more weight than the trial, reversal
becomes much more substantial
How do we allow law to move forward: laws could pass statutes, courts on the same level may
depart from their previous decisions
- Cases help determine statutes
Rule of Court & Court Structures:
- Each province has a whole bunch of trial courts & one court of appeal
- Supreme court of Canada is the highest court
- In addition there is a federal trial court, federal court of appeal (if the case is subject to federal
jurisdiction)
Civil Law: style of law practised in Europe, quebec & Louisiana, based on interpretation of code (does
not follow precedence)
- System is not used in Ontario, only in Quebec
- Only used in Louisiana in USA
Criminal law involves the state acting against an accused person for breaking a law (state vs. the
accused), prove case beyond any reasonable doubt since consequences are much steeper
Anything that isn’t criminal law is civil law (involves 2 private parties), burden of proof on
balance of probabilities
- Court of appeal: cannot appeal findings of fact locked in forever, can only appeal on matters of the
law (wrong precedence, bad judgement
- Supreme court of Canada: only hears a fraction of court of appeal hears
- Recidivism increases without trying to integrate them back to society
**
- Do not have secret evidence disclose everything in your case (contracts, emails, witnesses),
dispute facts disagreed upon in courts
- Encourage negotiations and settlements pre-trial mediation mandatory for some types of
cases
- 98% law suits settle before going to trial settle night before trial why?
1) everyone’s bluff gets called
2) best position to evaluate case since all evidence has to be disclosed before trial
ADR alternative dispute remediation: alternative to not go to court, it’s like court but everything’s fast,
convenient, private

Document Summary

Greek people retire at 55 and 1/3 of people work for the government. Greek lying about gdp since joining the eu. Greek either going to default or bailed out by the eu again. Bailing going to an end german & france have started bailing out other countries. Last week moody"s downgraded two french banks these banks hold a very large portion of. Greek debt (as a result balance sheet looks very risky) exactly what happened in 2008. Majority of those french banks assets are greek loans. Austerity plan: opposed by greeks because they never had to pay taxes & retired at a later age. Ontario premier spent more than we don"t have. 2008 bailout companies with trillions of dollars that the usa did not have. Whether law is enforced or exist independently of humans. Should people abide bad laws (people do not believe/agree with the law) Criminal code government passes statutes or legislations.