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[Management and Organizational Studies 2275A/B] - Final Exam Guide - Everything you need to know! (40 pages long)


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
Philip King
Study Guide
Final

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Western
Management and Organizational Studies
2275A/B
FINAL EXAM
STUDY GUIDE

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Business Law Chapter Notes 10/18/2013 7:38:00 PM
- Government is divided into 3 branches
Legislative branch Creates law based on statutes and regulations
o Statute Law: Written laws created or enacted by legislative
branch of government
Criminal Code of Canada: Prohibits offences such as
assault, theft and fraud (against the law
Jurisdiction: Power that a level of government has to
enact laws
Federal government has jurisdiction over criminal
law
Exclusive Jurisdiction: One level of government
holds entirely on its own
Concurrent Jurisdiction: Jurisdiction shared
between levels of government
Paramountcy: Federal law wins when they
conflict with provincial
Bylaws: Laws from municipal government
Executive branch Formulates and implements law
o Government Policy: Central ideas or principles that guide
government in its work
o Formal Executive: Responsible for ceremonial features
o Political Executive: Responsible for day-to-day operations
Regulations: Rules that have the force of the law
o Cabinet: All ministers of various government departments
including PM and Premier
o
Judicial Branch Adjudicates on disputes (Reference of Judges)
o Judges: Appointed by federal and provincial governments to
adjudicate on a variety of disputes
o Trial Courts
Inferior: Limited financial jurisdiction, judges are
appointed by provincial government
Small Claims: Deals with claims upto a certain amount
o Superior Court: Unlimited financial jurisdiction, judges are
appointed by federal government
o Supreme Court of Canada: Final court of appeals
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o Federal Court: Deals with litigation involving the federal
government
- Constitutional Law: Supreme law of Canada that controls the branches
- Liberalism: Philosophy that emphasizes individual freedom
- Canadian Legal System: Comprises and governs the branches of
government
- The Constitution
Not one document
Constitution Act: Dives power between federal and provincial
Charter of Rights and Freedoms: Rights and freedoms
guaranteed in Canada
o Freedom of Conscience and Religion
o Freedom of thought, belief, opinion and expression
o Freedom of peaceful assembly
o Freedom of association
Constitutional Conventions: Rules that are not enforceable by
court of law, determine power exercised by the government
- Sources of Law 4 Sources
Constitutional Convention (Above)
Statue Law (Above)
Royal Prerogative: Historical rights and privileges of the Crown
including the right to conduct foreign affairs
Common Law: Rules formulated by judgment
o Precedent: Earlier case used to resolve current case because
of similarities
o Application of Precedent:
Lower court must follow a relevant precedent created
by a higher court within same jurisdiction
Not all precedents are of equal value
Supreme court of Canada can decide case in anyway it
sees fit
- Rules of Equity
Focus on what would be fair given the specific circumstances of the
case, opposed to rules that strict common law might dictate
- Classes of Law
Domestic vs. International
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