Textbook Notes (369,100)
Canada (162,379)
Commerce  (111)
COMM 231 (60)
Chapter 2

Chapter 2.docx

3 Pages

Course Code
COMM 231
Joseph Radocchia

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Chapter 2 Substantive law: rights and duties that each person has in the society. Rules that govern rights and obligations Procedural Law: rules that deal with how substantive rights and duties may be enforced. Rules that determine the enforcement of rights and obligations Substantive law is “what” the law is and procedural law is “how” the law is enforced Civil law(used in France/Quebec) values legislation over case law and common law(rest of Canada/England) gives case law the same or sometimes greater values than legislation The Theory of Precedent  Use of precedent creates tension between  Accommodating changes in society's values  Certainty, consistency, and predictability  Cases may be distinguished by differences in material facts Stare decisis: to stand by previous decisions. Res judicator: already made a deicison Acts of Parliament, legislature, and municipal government may - Codify existing law - Modify or reform law - Authorize active government programs How courts interpret legislations - Strict approach: words given usual or dictionary meaning. Potentially difficult because words can be ambiguous and poorly worded - Liberal approach: views legislation in context Equity : Rules developed by the courts of equity as exceptions to existing rules of common law. Used when common laws were unfair. Courts of equity developed principles based on „conscience‟ and fairness Court of Appeal 1. Agree with trial judge and dismiss the appeal 2. Agree with appellant and reverse the trial judgment 3. Vary the trial judgment in part 4. Declare that the trial judge erred in failing to consid
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