BUS 393 Study Guide - Midterm Guide: Contributory Negligence, Wrongful Dismissal, Qualified Privilege

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Law = body of rules with penalties, enforceable by courts and government agencies: may not always be ethical! Eg cheating on your spouse: business people should make every effort to avoid litigation, settle disputes without going through courts. Procedural law = govern legal procedure and how legal institutions wok. Substantive law = set out rights and responsibilities, determine behaviour: public law regulates our relationship with government = crown vs accused. Eg constitutional, criminal, administrative: private law regulates personal/social/business relationships. Plantiff vs defendant // appellant vs respondent. Eg contract, property, tort, family law, employment law. Private law is a provincial matter, so provinces can adopt their own laws. B) common law: used in britain & commonwealth, adopted by canada"s english provinces, judge-made law developed in courts. When faced with a problem, judge looks to prior cases (brought to judge by lawyers arguing the case) and choose the case that most closely resembles the one at hand.