BUS 393 Chapter Notes -Alternative Dispute Resolution, Sunset Provision, Closing Argument
Document Summary
Mechanisms necessary to enforce substantive law: substantive. Created by government (federal, provincial, municipal), courts (common law, this is 90% of our laws), and administrative tribunals. The law that governs the relatioonhsip b/w persons +government. The law that governs the relationship b/w persons. Includes contract law, company law, negligence, employment law, agency, wills&estates. Is commenced by plaintiff (other party is defendant) Defendant decides whether to have a jury, majority rules. Protects fundamental freedoms, legal rights, equality rights, democratic rights, language rights, mobility rights. Can only be amended via a majority vote (very difficult) Supreme court of canada>provincial>court of appeal>bc supreme court>bc provincial courts(trial courts) Arbitration: bring in expert 3rd part, final decision is binding. Mediation: a mediator is brought in to facilitate the discussion. Systems of law: common law system 12th century uk, equity, civil law system based on roman civil code, not adaptive, open to interpretation in new cases, only used in quebec.