Textbook Notes (362,796)
Canada (158,054)
BUS 393 (52)
Chapter 2

BUS 393 Textbook Notes -Chapter 2

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Simon Fraser University
Business Administration
BUS 393
Shafik Bhalloo

BUS393:CommercialLaw Business Law in Canada –Chapter 2: Introduc▯on to the Legal System Law The body of rules made by a government that can beenforced by the courts or by other government agencies Substan▯ve law Establishes the rights on individual has in societyand the limits on their conduct. The right to travel, vote, and own property, as well as prohibi▯ons against the▯ and murder are examples of substan▯ve law. This includes public and private law Procedural law Determines how substan▯ve laws will be enforced Public law Includes cons▯tu▯onal law that determines how the country is governed and the laws that affect an individual’s rela▯onship with government, includingcriminal law and the regula▯ons created by government agencies Private law Involves the rules that govern our personal, social, and business rela▯ons, which are enforced by one person suing another in a private or civil ac▯on Precedent Courts in civil law jurisdic▯ons are not required to follow past decisions, and 2 very similar cases may be decided differently. Quebec follows civil law State decisis Following precedent. Courts from different provincesare not bound to follow each other’s decisions. Equity law Is a supplement to common law Common law borrows from ▪ Roman civil law ▪ Canon/Church law ▪ Law merchant ▪ Customs and tradi▯ons Branches of government ▪ Legisla▯ve o Parliament o Legisla▯ve assembly ▪ Execu▯ve o Prime Minister and cabinet o Premier and cabinet ▪ Judicial o Judges and jus▯ces Bri▯sh North America Act (Cons▯tu▯on Act, 1867) Created the dominion of Canada and divided the power between the legisla▯ve, execu▯ve, and judicial branches of government, and determined the func▯onsand powers of the provincial and federal levels of government Federal Power
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