Comm 393 Notes.pdf

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BUSI 393
Barbara Cox

January 9 2008What is law Set of standardsProtects and regulates societyRights freedoms responsibilitiesSet of rules that governs a particular activityDefines penalties if laws are broken laws need to be enforceableSets out powers for law makers IN CANADA laws must be the product of a democratic processHas to be relevant in todays society and constantly evolving to meet societys normsLaws must be constitutionalLaws are made by1 Governmentfederalprovincial municipallegislature 2 Courtsjudiciary judge made law common law 3 Administrative TribunalsBoardsLR BoardWorkers Comp BoardHuman rights commissionTypes of Laws ProceduralThe FORM or organization of legal system Court rules rules of evidence machinery used to enforce the substantive law SubstantiveThe laws that create define and regulate our rights in society1 Public laws that govern the relationship between persons and government all levels of governmentOn breech of these laws the government will commence an action government aka CROWNR represents Crown Ex R v Tina Example Tax law criminal law immigration constitutional 2 Private or Civil laws that govern the relationship between persons action commenced by the plaintiff Ex Tina v EllenExample company law contract family law land law employment law TORT law like product liability Agency Law Wills and estates Criminal VS Civil LawPurpose of criminal punish deterrence rehabilitate protect society restitutionAction brought by the CROWNBurden of proof on the CROWNJury12 membersDefendant decides whether or not to have a jury or judge alone same for civilPurpose of Civil compensate victimAction brought by the plaintiffBurden is on the PlaintiffOn a balance of probabilities51Jury8 members Judges need to be a lawyer for 14 years prior to being considered for the positionMonday court systems sources of law If time read Liebmann vs Canada WedJanuary 14 2008Courthouse assignment on Smithe Street and Hornby Dont go into small claimsGo to BC Supreme Court which is across the street on the South side Supreme Court and Court of AppealBring your sheet from the case package since there are specific things we need to look for in the caseDont worry about finding the names of the lawyers if you can great if not dont worry about itJust talk about what was going on for the hour that you were thereWas it a cooperative processTrials dont commence until 10am Go on a Monday there is a higher chance of seeing something more interestingDont go toChambers Applications if the lawyers are not robed you are not in a trial Sentencing Hearing after the trial Bail Hearing before the trial Systems of Law1 Civil Law SystemQuebec is the only province that employs this system th2 Common Law System12 century All other th3 Equity 13 century provincesThe problem with trials that are completed quickly 4 days is thatTwo cases could have a different outcomeIt is not consistent with the quality component that we discussed earlierNot predictableCommon Law Based on the Theory of Precedent or in Latin Stare DecisisLet the former decision standDemands that judges look to past cases with similaridentical facts which are from equal or higher court to decide new casesHas a lot of predictability but is open to changeWorks pretty well but is a slower process than the civil law system The only common law remedy is damages in the form of moneyEquityCourts of Chancery so he would be acting upon his morals ethics fairness equity conscience dutythe BibleEquity developed numerous remedies other than moneyInjunctionSpecific Performance court order to live up to a promiseRescissionQuantum Meruit you get what you deserveIn 1875 two courts merged BUT the systems remain distinctRulesEquitable remedy MAY be available if 1 Money is inadequate to compensate 2 Subject matter of contract is UNIQUE 3 Fast feetmust actsue quickly 4 Clean handsyou are not the reason that you are in the court room which is always discretionaryExampleEllen and you have made a written contract Ellen has promised to sell and you have promised to buy the house for 2 millions dollarsCompletion date March 108
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