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Part 1.docx

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Administrative Studies
Course Code
ADMS 2610
Sam Ling

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Part 1: The Legal Environment for Business Chapter 1: The Law and the Legal System The Law: The body of rules of conduct that are obligatory in the sense that sanctions are normally imposed if a rule is violated - Common law and statute law are two major sources of law Common Law (Case Law): The law in the recorded judgments of the courts The common law could be determined through the doctrine of stare decisis (to stand by a previous decision). This means that a judge must apply the previous decision of a similar or same case provided that the decision was made in one of the following three cases: 1. From the judge’s own court 2. From a court of equal rank 3. From a higher (or superior) court Canon Law: The law developed by the church courts to deal with matters that fell within their jurisdiction. Law Merchant: The customs or rules established by merchants to resolve disputes that arose between them, and that were later applied by Common Law judges in cases that came before the courts Equity: Rules originally based on decisions of the King rather than on the law, and intended to be fair - only accepted with “clean hands”—act ethically -"those seeking equity must do equity" Statute Laws : A law passed by a properly constituted legislative body -comes from the Latin word statutum meaning “it is decided” The statutes laws are the product or end result of a legislative process. Steps in the legislative process: 1. Idea for legislative proposal 2. Ministry review of proposal 3. Minister Approval 4. Cabinet submission by minister 5. Cabinet submission reviewed by Management 6. Board of Cabinet 7. Approved cabinet submission sent to Legislative 8. Drafting Office 9. First reading of the bill 10. Second reading 11. S
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