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Appendix A - Working Within the Legal Environment of Business

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Rita Cossa

thCommerce Textbook Notes February 5 2012Appendix AWorking Within the Legal Environment of Business The needs for lawsIn the Canadian system of government there are three branches of governmentThe primary function of the legislative branch composed of the Parliament of Canada and the legislatures of the provinces is to makes the lawsMunicipal councils also make laws but their legislative power is limited to the scope delegated to them by their provincial legislatureThe executive branch administers the laws putting them into practiceThe judicial branch applies the law and interprets it when there is a disputeCriminal law defines crimes establishes punishments and regulates the investigation and prosecution of people accused of committing crimes Civil law legal proceedings that do not involve criminal actsSuch as laws regulating marriage payment for personal injury etcThere are also appeal courts that hear appeals of decisions made at the initial trial brought by the losing party in the caseThe highest level appeal court for all matters is the Supreme Court of CanadaBusiness law rules statutes codes and regulations that are established to provide a legal framework within which business may be conducted and that are enforceable by court actionStatutory and common law There are two major kinds of lawStatutory law federal and provincial legislative enactments treaties of the federal government and bylawsordinancesin short written law Common law the body of law that comes from decisions handed down by judges also referred to as unwritten law Does not appear in any legislative enactment treaty or other such document Precedent decisions judges have made in earlier cases that guide the handling of new casesFederal and provincial law in 9 provinces operate under the English common law system while provincial law in Quebec operates under the French civil law system Laws made under delegated authority administrative agenciesAdministrative agencies federal or state institutions and other government organizations created by Parliament or provincial legislatures with delegated power to pass rules and regulations within their mandated area of authorityAdministrative agencies actually issue more rulings affecting business and settle more disputed than courts doThere are administrative agencies at the federal provincial and local levels of government
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