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BUS 393 (52)
Chapter 2

Chapter 2 - Introduction to the Legal System

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Simon Fraser University
Business Administration
BUS 393
Richard Yates

Chapter 2Introduction to the Legal SystemWhat is LawLaw is the body of rules that can be enforced by the courts or by other government agenciesLaw is NOT the same as justice morality or ethicsCategories of LawSubstantive vs ProceduraloSubstantive lawgoverns behavior rights of an individual and limits on hisher conduct eg right to travelvoteown property prohibition against theftmurderoProcedural law regulates enforcement processes how substantive laws will be enforced eg rules of arrest investigation and courtPublic vs PrivateoPublic lawhow country is governed and an individuals relationship with the government eg criminal law government regulationsoPrivate law aka Civil lawpersonal social and business relationsOrigins of LawCivil Law Legal SystemRoman Emperor Justinian codified Roman lawRevised by Napoleon in 1804 Codelist of rules stated as broad principles of law that judges apply to casesPrior decisions do not set binding precedents but are taken into consideration The Code ultimately determines the principle to be appliedprovides predictabilityUsed in Europe most developing countries QuebecCommon Law Legal SystemHenry II established travelling royal courts function was not to impose a particular set of laws but to be fair and impartialenforced customstraditions they found and looked to each other for rulesFrom the bottom up rather than the top downStare Decisis following precedentDecision of a judge at one level is binding on all judges in a court of lower rank provided facts are similarCreation of appeal courts caused judges to avoid embarrassment of having decisions overturnedProvides predictability but can cause inflexibility eg when social attitudes changeLower court judge is obligated to apply precedent even if he believes the case was wrongly decidedSources of LawCommon Law
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