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ADMS 2610 Business Law Textbook Notes.docx

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York University
Administrative Studies
ADMS 2610
Robert Levine

ADMS 2610 Law Notes Ch 1 The Law and the Legal System The Sources and Components of Modern Canadian Law The Common Law Defn law found in the recorded judgments of the courtseverybody abides by it is written in a book Statute law law passed by a legislative body Stare decisisto let a decision standa judge must apply the previous decision of a case similar to the one before the court if thefacts of the two cases are the sme adaptability of the Common Law has enabled it to absorb many legal principles customs and laws from other legal systems and sources customs that developed over time have even found their way into the Common Law courts have recognized long standing practices in determining the rights of parties at law Canon Law the church originally had jurisdiction over religion family marriage morals and matters relating to the personal property of deceased persons Defn law developed by the church courts to deal with matters falling in their jurisdiction Law Merchant law that related to commerce and trade was incorporated into the Common Law merchants initially sold their products at markets and disputes were settled by senior merchants decision making become more formal later on and rules of law gradually emerged relating to commercial transactions Defn rules established by merchants to resolve disputes that arose between them and later applied by Common Law judges in cases that came before their courts Equity Defn rules originally based on decisions of the kind rather than the law and intended to be fair are not part of the Common Law but a body of principles that takes precedence over the Common Law when it conflicts with the rules of equity Statute Law laws that are established by the governing bodies of particular jurisdictions statues are the product or end result of a legislative process wishes of the people are brought forward for debate in the legislative assembly and become law if the majority of them believe the law is necessary Bill proposed law presented to a legislative bodyis the first step of a statute law Motion the decision to read a bill for the first time time is given to read the bill and then it comes for a second reading after debate after passing for a second reading it gets sent to a committee of the House for study once passed the Chair of the Committee reports the bill the bill may then be debated again for a third reading if passed it is sent to Senate similar process Royal assent needed in order for a bill to become lawmust receive this by the Governor General once it is passed so it can become lawmost of the time it is automatic never refused Proclaimed occurs when the gov doesnt want to implement the law until a later timethe bill thus will not become law until it is proclaimed Revised statutes updated statutes Adv of statute law over Common Law is that CL is way slower to respond to changing societal needs Statute Law quickly changes in response to the demands of the public Disadv is it is strictly interpreted by the courtsQuebecs Civil Code Civil code sets out the private rights of the citizens of a state the same rights in those are found in the CL makers of the Civil Code intended it to be a complete legal pathway for lifebirth family business relationships death inheritance Quebec also has other laws beyond this code creates statute law for specific issues like other prov do Codification of Common Law Adv certainty if the law is written down its there for everybody to see and know the judge decides a dispute by reference to the appropriate part of the code if there arent any articles that cover the dispute then the decision will be based on the principles of law set out in code Administrative Law Defnbody of rules governing appn of statutes to activities regulated by administrative tribunalsboardsthe body of law that relates to the activities of regulations and administrative tribunals Regulations rules made under a statute Administrative tribunals agencies created by legislation to regulate activities Cdn parliament uses this method to regulate activities that fall within their legislative jurisdictionsales of securities labour relations employment standards aeronautics broadcastingconsumption of alcoholic beverages land use Constitutional Foundations of Canadian Law Constitution basis upon which a state is organized and the power of its government defined establishes certain legal rights but also lawmaking authority may not always be contained in a single document Canadian Constitution formal written document that sets out the rights and freedoms of Canadians and the powers of the fed gov and the provinces recognizes the supremacy of the legislative bodies for passing certain laws within their jurisdiction divided into 2 major parts Canadian Charter of Rights and Freedoms nd 2 also establishes the organization and jurisdiction of the fedprov governments the jurisdiction of the provinces to make laws over non renewable natural resources was confirmedThe Canadian Charter of Rights and Freedoms basic rights and freedoms of all Canadians may only be repealed by an Act of Parliament consented to by at least 23 of provinces the restriction makes the constitution harder to change permits Parliament or provincial legislatures to pass legislation that conflicts with fundamental freedoms legal rights certain equality rights Fundamental Freedoms Everybody has the freedom of conscience and religionthought belief opinion and expressionpeaceful assemblyassociation Mobility and Personal Liberty Canadian citizens are free to remain in enter or leave Canada and to move freely within the country the right to enjoy life without interference by the state Right to Due Process the right to be informed on arrest of the reasons for arrest the right to retain and instruct a lawyer after the arrest has been made in cases where the state has reasonable grounds for the arrest the accused person is entitled to be brought to trial within a reasonable time if the accused is presumed innocent until proven guilty the accused persons are entitled to have an interpreter if they do not speak the language no one can be tried a second time for the same offence pending trial a person shouldnt be denied reasonable bail unless the denial can be justified those who give evidence at a trial that would incriminate them may not have that same evidence used against them in any other proceedings Equality Rights every individual is equal before the law they have the right to benefit without discrimination on the basis of race creed colour religion sex age national or ethnic origin disability two official languages in Canada English and French the right of the individual to communicate with the fed gov in either language minority English or French language groups in a province where the official language is other than their own language are granted special rights Enforcement of Rights people who believe their rights have been infringed upon may apply to a court of law for a remedy
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