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Canada (158,417)
Commerce  (111)
COMM 231 (60)
Chapter 1-4

Comm 231 Chapter 1-4 notes

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University of Waterloo
COMM 231
Joseph Radocchia

Chapter1What does Law doIt influences and controls the behaviour of individuals in societyIt empowers influences and controls the actions of governmentIt influences and controls interaction between individuals Rule of law established legal principles that treat all persons equally and the government itself obeys Forms of Legal Liability Criminal liability responsibility arising from commission of an offence against the government or society as a whole Regulatory or quasicriminal liability responsibility arising from breaches of less serious rules of public law often enforced through specialized regulatory tribunals set up by the government for specific purposesCivil liability responsibility arising from a breach of private law enforced through a lawsuit initiated by the victim Law and International BusinessNongovernmental organizations voluntary nonprofit associations of private individuals or groups working together to influence policy raise awareness or effect change Supergovernmental organizations non profit associations of governments from around the world working to find common approaches to international issues such as the World Trade Organization or United NationsLegal Risk ManagementLegal risk business activities conduct events or scenarios that could expose a business to any type of legal liability Legal risk management plan a plan developed by a business that identifies potential legal liability and provides preventive and remedial strategies Legal audit a review of each area action and interaction of the business to identify potential legal liability and legal compliance risks Developing a Legal Risk Management PlanFirst managers must undertake a legal audit of the operation examination of every area action and interaction of the businessSecond after a comprehensive list of legal risks is developed the risks must be prioritized Third managers must develop effective strategies oPrevention is important because there are consequences even with a successful legal dispute oReaction is important because you cannot prevent every eventualityForth the business must implement the plan Employers must be aware of the lan and capable of complying with itFinally the plan must be revised regularly Business Ethics the ethical values of society shape the development of the law proactive legal risk management anticipates where the law may go in the future and prepares for it nowCorporate social responsibility a concept that suggests business decisionmakers consider ethical issues including the interests of customers employees creditors the public and other stakeholders in addition to legal and financial concernsCode of conduct a common standard of behavior that may take the form of a values statement or a prescribed set of rules Who makes LawaConstitution the basic law from which all other law draw their powerbLegislation also known as a statue law statues or acts is passed by Parliament and by provincial legislatures in compliance with Canadas constitution iSubordinate legislation rules passed under authorization of a statute by a body designated in the statute Ex Federalprovincial government cabinet These rules are referred to as regulationsiiAdministrative rulings rulings handed down by administrative bodies created by the legislation to hear complaints and applications by individuals and groups according to the terms of the legislationcCourt decisions judgments handed down by single judges or a panel of judges after hearing a case before the court These decisions are referred to as case lawBasic law a constitution that is habitually obeyed by the citizens of a country and that they regard as legitimate and bindingStatute a piece of legislation passed by governmentRegulations administrative rules implemented by government as a result of authorization given in a statuteCase law a collection of individual cases decided by the courts that develop and shape legal principles Federalism and the ConstitutionUnder the constitution act of 1867 each level has an independent existence and its own sphere of activityThe division of legislative power mainly under section 91 and 92 of the constitution allocates certain areas to the federal Parliament and others including power over municipalities to the provincial legislatures When conflict arises the courts determine if legislation is within the jurisdiction of the enacting governmentWhenever an act or any provision in an act is found by the court to be outside the legislatures jurisdiction and therefore beyond its powers ultra vires that act or provision is voidResidual powers powers that fall within federal jurisdiction because they are not expressly allocated to the provinces by the Constitution Concurrent powers overlapping powers of both levels of government to regulate the same activities The Charter of Rights and FreedomsA constitution often does more than allocate jurisdiction between levels of government it might also prohibit all government interference in certain areas or it might remove those areas from the legislative power of both levels In 1982 the Charter became part of the Constitution Human rights recognized entitlements encompassing traditional freedoms associated with civil liberty and basic human necessities oSection 92 designated property and civil rights s an area of provincial responsibility Private rights individual rights arising from private law First charter is entrenched in the constitution it cannot be repealed by an ordinary act of Parliament or of provincial legislatures
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