Chapter 2 Lecture and Textbook Notes

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Western University
Management and Organizational Studies
Management and Organizational Studies 2275A/B
Janine Higgins

Introduction to the Legal SystemSeptember 21 2011Chapter 2DefinitionLaw is the body of rules that can be enforced by the courts or other government agenciesEssentially1 Body set of rules2 Enforceable by courts or other govt agencies4 categories1Substantive law the rules that govern behaviour and set limits on conduct dont kill people pay your taxes2Procedural law How rights and obligations are enforcedTHEN One from above and below1PUBLIC LAW REGULATED OUR RELATIONSHIP WITH THE GOVERNMENT ie the govt is always a party2PRIVATE Civil LAW REGULATED PERSONAL SOCIAL AND BUSINESS RELATIONSHIPS ie the govt is NOT involvedCivil LawOnly in Quebec must get a civil law degree to practice in QuebecCodified by NapoleonUsed in Europe and many developing countries originally colonized by FranceCommon LawJudges hear cases and make decisions and their decisions form part of the lawStare decisis Latin for Stand by things decidedA lower court must follow the decision of a higher court if the case is the same within their jurisdictionie Ontario courts must follow a decision made by the Supreme court of Canada if the cases are similarA lower court in BC does not have to follow the decision made by a higher court in Ontario because they are not in the same jurisdiction
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