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Carleton University
BUSI 2601

Business Law Lecture 15 elements of organizing our law system1What is lawa Law The rules and norms that governs the actions of persons and provides rights and freedoms that are enforced by the courtsiEx Everybody can eat as many hamburgers as they want as long as they are not causing harm to others If they law does not prohibit then you can do whatever you want Ex Smokers can consume tobacco where it is permittedbAs we changeadvance in society things are getting more and more complexiRights and freedoms says that we are allowed to be protected from those rulescEx The forces in lybia use legal authority to protect the interest of individuals bombing ghadaffi follwers2Law defines our economic system and defends capitalism We do not defend communism as capitalism has property rights or ownership of capital Economy defines democracy wealth secured democracyyou owe a million to the bank youre lost you owe a billion the banks lost Ownership of capital is the essence of power Communism will never succeed it abuses their society and population People have a selfishness to make wealth secured through banks houses etc capitalism secures peoples interests Business law is about ownership to secure ur interests3The law defines the fundamental values we share as Canadians and we enjoy the most individual rights in the world A strong legal regime protects these fundamental values Freedom liberty democratic rights4We need to own the capital to secure our future wealth and opportunities If you have no power you are nobody Power makes choices To have power you need to have equity 5Treat your friends as if one day they become your enemies and treat your enemies as if one day they become your friends The law tells you directions and right and wrong At one time you may break those rules are you able to face the consequences What you do wrong may come back and haunt you In the future a friend may be running an interview and knows the truth about a university students past Business Law lecture 2Our legal system involves supreme laws that are our constitution It then involves the Public and Private systemsPrivatethese private laws are what comprise Business LawoIn the private system we have contract laws Ex Bell tv gives you a certain chip for your tv box according to your agreement on channels They can fine you should you break the contract agreement oTort laws tort laws are simply laws against wrong doingsResolution methods in businessMeditation o An independent party helping the different persons to resolve the dispute Mediation involves compromises For mediation you have to have good faith You must be willing and wanting to achieve a resolution If it is determined you are not acting in good faith then you may be required to pay the other partys legal feesArbitrationoAn independent party that will impose a binding decision on the parties A binding decision means you are required to comply with the decision and there is no appeal to courts unless theres breach of justiceLitigationoA formal court process where we will argue our case before an independent party This is saved as a last resort Litigating in a civil case Statement of claim first document preceding the case where you argue your story and the details of the act Counter claim You have 20 days to reply as a defendant Your reply would indicate your actions did not stray outside of the rules or the law Ex Hockey fight is within the game and not assault because its involved in the gameReply to the counter claim counter the defendant arguments and that it does not stray from the facts Discovery this is where we release the evidence and the true facts come out We bring out the list of witnesses and both parties are aware of all witnesses Trial We bring witnesses step 1 to be cross examined This is not easy and not all the witnesses are good at being crossed examined They will grill the witnesses aiming to ruin the credibility of the witnesses It can get very intense and gruellingoStatementsstep 2 bring hearsay someone expresses a statement from a party that is not in court We also have the presentation of the best evidence meaning we use the original evidence and photographs and it cannot be alteredDecision from the judge Judge makes the decision of who wins the case and also the decision of who pays the fees for the other party After the decision you have 30 days for appeal If it was a criminal court there needs to be a criminal charge against you In Canada ALL evidence must be disclosed good or bad for the case should that not happen the case would be dropped on the spot Everyone in Canada is entitled to a fair prosecution 1Common lawaBritish court decisions that are used to determine legal rights in a given context The decisions allow us to distinguish between facts so that we can understand how the legal principle should be applied In a given context unjust dismissal will bring a certain amount of months of compensation The higher you are in a organization the higher your compensationiIndia South Africa Canada US Britain all use common law Used in societies where we see strong economic systems2Civil Law French system adopted in Europe Canada Africa In a civil law society the judge applies the legislation Hes applying the rules to a given context It defines the concepts of the rights in the legislation Pro precision Con technically The exceptions might hurt you In a civil process we need to prove that the case is in the balance of probability In a criminal case we need to prove a case beyond reasonable doubt The standard of evidence is lower in a civil case It is based of what would be reasonable and unreasonable Business Law lecture 3Term paper notes
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