Chapter 2 Notes Keller.docx

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Department
Management and Organizational Studies
Course
Management and Organizational Studies 2275A/B
Professor
Cristin Keller
Semester
Fall

Description
Chapter 2: Introduction to the Legal System What is law?  Only good rules (natural law theorists)  Rules created by authority is law (legal positivists)  Only rules enforced by courts is law (legal realists)  Law is a body of rules made by government that can be enforced by COURTS or OTHER GOVERNMENT AGENCIES  Labour relations boards count as government/regulatory agencies  Acting legally DOES NOT mean acting morally Categories of Law Primary types of law are substantive and procedural law. 1. Substantive Law  Establishes an individual’s societal rights and LIMITS their conduct  Right to travel, vote, own property, or harm others  What they can and cannot do 2. Procedural Law  Determines HOW substantive law will be enforced  Such as rules for arrest, investigation, pre-trial and court procedures Two types of law function are public law and private law 1. Public Law  Includes Constitutional Law that determines how country is governed and the laws affecting an individual’s relationship with government so criminal law and regulations by government agencies.  CRIMINAL LAW 2. Private Law
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