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Canada (161,710)
Commerce (379)
COMM 393 (60)
Chapter

1. DISPUTE RESOLUTION.docx

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Department
Commerce
Course
COMM 393
Professor
Barbara Cox
Semester
Winter

Description
DISPUTE RESOLUTIONCourt Systems and ProceduresEdition 23246 187188Sources of LawCLASS 1 JULY 4 Common Law v Civil LawStatute Precedent and the Charter of Rights and FreedomsEdition 21020 2230LIEBMANN V CANADA CB 3Alternate Dispute ResolutionEdition 24649 438443Chapter 1 Law SocietyBusiness pg 1020Who Makes the Law Basic law constitution that is habitually obeyed by the citizens of a country and that they regard as legitimate and binding Law comes from a variety of sources aConstitution the basic law from which all other laws draw their power All other laws must comply with the constitution in order to be validenforceable bLegislation aka statute law statutes or acts passed by Parliamentby provincial legislatures in compliance with Canadas constitutionSubordinate legislation rules passed under authorization of a statute by a body designated in the statute referred to as regulations Administrative rulings rulings handed down by administrative bodies created by legislation to hear complaintsapplications by individualsgroups according to terms of legislation cCourt decisions judgements handed down by a single judge or panel of judges after hearing a case before the court These decisions are collectively referred to as case law sometimes the decision includes explanationsopinions that shape the lawhave relevance beyond specific parties The Courts and Legislation courts decided if a statute is validenforceable if it is valid court must decide what the words of the statute meanwhether that interpretation covers the subject of the dispute in Canada validity depends on the Constitution Federalism and the Constitution under the Constitution Act 1867 federal and provincial levels of government have independent existenceits own sphere of activity division of legislative powerfederal banking radiotv broadcasting provincial education courts determine if legislation is within the jurisdiction of enacting government act or any provision in an act is void if it is found by the court to be outside of the legislatures jurisdictionbeyond its powers ultra vires
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