Textbook Notes (362,730)
Canada (158,028)
MCS 2600 (65)
Chapter 2

Chapter 2 Consumer Behaviour Notes

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University of Guelph
Marketing and Consumer Studies
MCS 2600
Lianne Foti

Chapter 2 The Canadian Legal System Statement of claim: A document setting out the basis for a legal complaint Introduction  The Canadian legal system is the machinery that comprises and regulates the government The government has 3 branches… 1. Legislative branch: creates law in form of statutes and regulations 2. Executive branch: formulates and regulates government policy and law Government Policy: The central ideas or principles that guide government in its work including the kind of laws it passes 3. Judicial Branch: umpires on disputes Constitutional Law: The supreme law of Canada that constrains & controls how the branches of government exercise power Liberalism: A political philosophy that elevates individual freedom and autonomy as its key organizing value (“the values of a nation”) Canadian Legal System: The machinery that comprises and governs the legislative, executive and judicial branches of government  The legislative branch of government passes laws that impact on business operations (E.g. Ignorance of law could mean out on missed opportunities to influence government policy)  The executive branch implements and generates policy that may be directed at business (E.g. Companies might have dept. that monitors government policies and debates over public policy that could affect company)  The judicial branch provides rulings that resolve existing legal conflicts but also impact on future disputes The Canadian Constitution  Located in both legislative and political, written & unwritten  Constitution includes the constitution act 1967 and the Canadian Charter of Rights & Freedoms & also relevant decisions by judges concerning constitutional law  Attends to other matters such as admission of new provinces/territories to Canada amending the constitution, and autonomy (The right or condition of self-government) from the UK parliament Constitutional Conventions: Important rules that aren’t enforceable by a court of law but that practically determine or constrain how a given power is exercised  Not binding the way that constitutional rules contained in legislation would be  Cannot be enforced in a court of law  In place because historically politicians have agreed to abide by them The Legislative Branch of Government Statute Law: Formal, written laws created or enacted by the legislative branch of government (E.g. Criminal code of Canada or Saskatchewan’s Tobacco Control Act.)  3 levels of government (federal, provincial, & municipal) make legislation in Canada  Parliament (federal legislative branch) comprises the House of Commons and the Senate st  For legislation to become law, must 1 be passed by House of Commons and then approved by the Senate (Also called “ the chamber of sober second thought”)  Each province also has a law-making body (E.g. Nova Scotia’s is called the House of Assembly)  At the Provincial level there is no senate or upper house  Municipalities (created by provincial legislation) have legislative bodies often called city councils whose powers are delegated to them by their province of location. Statute law & jurisdiction  The constitution dictates whether each level of government can make a given law or now Jurisdiction: The power that a given level of government has to make laws  Jurisdiction is divided by level of government b/c Canada is a federal state AKA governmental power is split between the central, national authority (federal government) and the regional authorities (provincial government)  Territorial governments are empowered by federal governments to engage in form of limited self- government  Provincial governments empower municipal governments to legislate in specifically defined areas Constitution specifies that the federal government has jurisdiction over criminal law which includes power to define new crimes, provide penalties for reaches of criminal law, and pass laws w/ purpose of protecting the public  Falls under federal jurisdiction so there are no provincial criminal codes Exclusive Jurisdiction: Jurisdiction that one level of government holds entirely on its own and not on a shared basis with another level (E.g Criminal Law) Concurrent Jurisdiction: Jurisdiction that is shared between levels of government (E.g Public Health) Provincial government cannot pass legislation that would create conflict w/ federal legislation Paramountcy: A doctrine (A stated principle of government policy) that provides that federal law prevails when there are conflicting or inconsistent federal & provincial laws  The regulation of business is generally a provincial matter b/c provinces have jurisdiction over property & civil rights  Municipalities have jurisdiction to legislate in broad variety of matters from levying appropriate taxes a d regulating local zoning, parking and subdivision to requiring the licensing of businesses and dogs.  Takes the form of bylaws Bylaws: Laws made by the municipal level of government The Executive Branch of Government This branch of government has a formal, ceremonial functions & a political function Formal Executive: The branch of government responsible for the ceremonial features of government (E.g provides the head of the Canadian state, the Queen).  Also has significant role in the legislative process since the executive branch of governments, represented by the governor general (The Queen’s federal rep) or lieutenant governor (The Queen’s provincial rep) issues approval as the final step in creating statute law Political Executive: The branch of government responsible for day-to-day operations including formulating & executing government policy as well as administering all departments of government  Also the level of government that businesses usually lobby to secure favorable or improved treatment under legislation or w/ respect to policy formation The chief executive of the federal government is the prime minister while chief executive of the provincial government is the premier. Other members of the political executive (both prov. & federal) include cabinet ministers, civil servants, and the agencies, commissions and tribunals that perform government functions. Cabinet: Body composed of all ministers heading government departments as well as the prime minister or premier Regulations: Rules created by the political executive that has the force of law The Judicial Branch of Government Judiciary: A collective reference to judges  The judiciary is composed of judges who are appointed by both federal and provincial governments  These judges must adjudicate on variety of matters such as divorce, custody, car accidents, wrongful dismissal etc. Judges: Those appointed by federal and provincial governments to adjudicate on a variety of disputes as well as to preside over criminal proceedings The System of Courts Judges operate wit
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