Shafik Bhalloo

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Business Administration
BUS 393
Shafik Bhalloo

CHP 2INTRO TO THE LEGAL SYSTEMIn the Canadian context the term parliamentary supremacy means thatStatute law is supreme The only time that the courts can restrict that supremacy is by striking down laws that violate the Charter of Rights and FreedomsParamountcy refers to situations in whichFederal legislation not provincial legislation appliesSection 33 the notwithstanding clause means that Parliament and provincial legislatures can pass legislation that overrides certain sections of the CharterThe sunset clause was designed toLimit governments power to override Charter rightsDifficult to come up with a definition for lawDefinition is affected byHistoryTheoryLegalSystem in PlaceSocial Realities3 theories of law precursors philosophiesNatural lawlaw is defined in moral terms only good rules are considered lawLegal positivists only the rules enacted by those in authority qualify as law look at source of law helped shape law in Canadacanadawhere parliamentary supremacy requires that we look to the enactments of the federal parliament or provincial legislatures as the primary source of lawLegal realists practical terms only the rules the courts are willing to enforce qualify as law USAUSAa more pragmatic approach to law based on legal realism has been adopted It allows judges to factor in current social and economic realities when they make their decisionLawis the body of rules that can be enforced by the courts or other government agencies we are always exposed to many rules that are not a law EX social conventions determine that it is not appropriate toenter a restaurant shirtless EX dealing with government agencies like labour relations board city councils many ppl live by personal code of conduct adhering to more stringent rules than those set out in the lawCATEGORIES OF LAWSubstantive law establishes the rights an individual has in society but also limits on his or her conduct governs behaviorEX right to travel vote own property are guaranteed by this prohibitions against theft and murderProcedural law determines how the substantive laws are enforced EX rules governing arrest investigations pretrial and court processes Public law constitutional law that determines how the country is governed and how the laws affect a person relation with the govtEX criminal law government agencies regulationsPrivate law the rules that govern our personal social business relations EXenforced by1 person suing another in a private or civil actionORGINS OF LAWCivil Law Legal SystemRoman LawJustinians codefoundation of the legal system in EuropeRecodified by Napoleon 1804Napoleonic codeUsed in Europe and most developing countries coloniesQuebecs legal system based on French Civil CodeJudges are bound by the code not precedent code is a list of rules stated as broad principles of lawPredictability comes from the code Common law Legal Systemadopted by all other provinces UKcommonwealthalso calledcivil court civil action civil lawterms civil court civil action and civil law are also used within our common law legal system to describe private law matters and should not be confused with the civil code or civil law as used in quebec
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