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Law study notes.pdf

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University of British Columbia
BUSI 393
Barbara Cox

3 Main Roles of Law 1 Protect persons and property2 Enables govt to operate for benefit of society 3 Creates a framework to enable broader freedom of choice Natural Law vs Positiveaturalfundamental immutable moral principles expressed in general legal principles and may be formulated into detailed rules for a particular society PositiveAscertainable rules that are bindingThe law that is laws w consequences rather than morals that ought to be followed Legal Proceedings Civil1 Writ of summons 2 Appearance D 3 Statement of claim P Pleadings4 Defenseor counterclaimD 5 Examination for discovery Lawyers ask plaintiffdefendant Qs Preview case strength strategy settlement Evidence may be used in trial 6 Discovery of documents 7 Pretrial conferencestreamline trial 8 TrialPlaintiff vs DefendantCivil Action5050 burden of proof Crown vs DefendantCriminal ActionBeyond a reasonable doubtCommittal OrderIf defendant doesnt show up D either pays or goes to jail Garnishing OrderGiven before writ of summons to prevent defendant from hiding Court Systems Civil 1 Small ClaimsUp to 25000 no juries usually no lawyers 2 Supreme Court of BCEither party can ask for a jury 8 member 3 BC Court of Appeal i Hears appeals from SCBC ii No witnesses no evidence just court recording iii About matters of lawSCBC judge interpreted law wrong or messed up somehow 4 Supreme Court of Canada i Appeals can only be made w leave permission ii Possibly a constitutional case or something significant iii Only 9 judges appointed geographically so they hear few cases
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