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York University
Administrative Studies
ADMS 2610
William Pomerantz

ADMS 2610: WEEK 1: There was a time when laws were not ethical but now most of them are. Businesses have to find the middle point between ethics, laws and economics. Should Heinz steal the drug or not? He should in order to save his wife’s life. But then he’ll probably have to go to jail. Also the druggist is selling it for $4000 when it actually cost him $400. He should steal it because he has a good reason and ask for a jury. Since the law isn’t helping you maybe it’s better to just steal it. He shouldn’t steal it. He should try to convince the druggist to sell it for cheaper. Are you willing to break the law if the price is right? No, because there is still the chance that you will get caught. Maybe. It would depend on who is giving the information. Since the risk of getting caught is very low I might do it. And even if I get caught the jail term is only 1 year. Also, if people in the industry are doing insider trading then it might be okay to do it. What’s the difference between the first and second question? In the first question someone else is benefitting and in the second one you are. First one was ethical but illegal and second case isn’t even ethical. Top Ten legal questions: 2) What percentage of court cases make it to trial? Very few. Small claims court is more affordable than other courts. 8) Are contingency fees allowed In Ontario? Yes. 9) Are class action lawsuits allowed in Ontario? Yes. LEGAL SYSTEM: Who makes the law in Canada? Politicians (Legislation), constitution, common law (Every time a judge takes a decision in court that becomes the law). When one court makes a law other courts also have to follow that law. Supreme Court of Canada makes a decision in a case – that law has to be abided by all courts when all conditions are the same. There are really two courts in Ontario. 1. Common law 2. Kings court (the court of equity) You decide with someone that they’ll sell their house to you. In the end they deny it and don’t sell the house. Common law would say all you are entitled to is money. The Kings court would order the party to sell the house to you as they were supposed to. Substansive Law Public Law – income tax issues, speeding laws – any public issues. Private Law – contracts, torts, property, and corporate law. Differences between criminal law and civil law: The purpose of criminal law – To punish and to deterve. The purpose of civil law – To compensate In criminal law the accused is called the complaintant. In civil law they’re called In criminal law the accused is either guilty or non-guilty. In civil law they are either In criminal law the accused gets to pick and pay their own lawyer. The victim doesn’t have their own lawyer and they don’t have to pay for them. There are 12 members in the jury. 12 have to find you guilty or non-guilty. In civil law it is usually the judge’s decision. 5/6 members of the jury have to find you guilty or non-guilty. In civil law there are lots of procedures and this can take up to 3 years. In criminal law if they take too long to pass a decision you can get the charges thrown out because your charter rights have been violated. Criminal law for someone to be guilty they have to be guilty beyond a reasonable doubt. You have to be 99% sure that the person is guilty to claim him guilty. In civil law the burden of proof is a lot less. In other words, it’s more likely than 50% or not to determine whether you are guilty or not. When Canada came into being the constitution also came into being. The British North American Act (1867) came into being and said that we live in a federal country and we have a federal and provincial government. The federal govt. gets the residual power if a decision cannot be made. In 1982 our constitution got the charter of rights and freedoms. The charter protects us from the actions of the government and only the government. The government may create a law and we may try to argue that our charter of freedom and rights has been violated and attempt to drop the charges. There was a law way back which said you can’t open businesses on Sunday. A company
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