Ch 2 The Canadian Legal System.docx

5 Pages
Unlock Document

Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Frederick King

The Canadian Legal System 10/24/2012 10:36:00 AM Chapter 2 Business Law in Practice  The Canadian legal system is the machinery that comprises and regulates government, divided into three branches: o Legislative branch – creates law in the form of statutes and regulations  Passes laws that impact on business operations o Executive branch – formulates and implements government policy  Implements and generates policy that may be directed at business o Judicial branch – adjudicates on disputes  Provides rulings that resolve existing legal conflicts but also impact on future disputes  Government policy – the central ideas or principles tat guide government in its work, including the kind of law it passes  Constitutional law – the supreme law of Canada that constrains and controls how the branches of government exercise power  Liberalism – a political philosophy that elevates individual freedom and autonomy as it key organizing value  Constitutional conventions – important rules that are not enforceable by a court of law but that practically determine or constrain how a given power is exercised Legislative Branch of Government  Legislative branch – creates statute law  Statute law – formal, written laws created or enacted by the legislative branch of government  Jurisdiction – the power that a given level of government has to enact laws o Exclusive jurisdiction – jurisdiction that one level of government holds entirely on its own and not on a shared basis with another level o Concurrent jurisdiction – shared between levels of government  Paramountcy – a doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws  Bylaws – laws made by the municipal level of government The Executive Branch of Government  Formal executive – the branch of government responsible for the ceremonial features of government  Political executive – the branch of government responsible for day- to-day operations, including formulating and executing government policy as well as administering all departments of government o The chief executive of the federal government is the prime minister, while the chief executive of the provincial government is the premier  Cabinet – a body composed of all ministers heading government departments as well and the prime minister or premier  Regulations – rules created by the political executive that have the force of law Judicial Branch  Judiciary – a collective reference to judges that are appointed by federal and provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings  The systems of courts o Each province has three basic levels:  Trial  Inferior courts – a court with limited financial jurisdiction whose judges are appointment by the provincial government  Small claims court – a court that deals with claims up to a specific amount  Superior courts – a court with unlimited financial jurisdiction whose judges are appointed by the federal government
More Less

Related notes for Management and Organizational Studies 2275A/B

Log In


Don't have an account?

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.