textbook chapter 1

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

Description
y Law is the body of rules made by government that can be enforced by the courts or by other government agencies y Primary categories are substantive and procedural laws y Substantive law includes public and private law not only the rights of an individual but also the limits on his or her conduct y Procedural law determines how the substantive laws will be enforced y Public law includes constitutional law that determines how the country is governed and the laws that affect an individuals relationship with government including criminal law and the regulations created by government agencies y Private law rules that govern our personal social and business relations enforced by one person suing another in a private or civil action y Civil law legal system developed in Europe civil court civil action civil law are used to describe private law mattersnot the same as Civil Code y Civil Code used throughout much of the worldprovides predictabilityQuebec uses Civil Code to resolve private disputesRecognizes doctrine of good faithApplied to tort cases y Henry II established travelling courts y Common law principles came from the common peopletraditionscustoms y Stare decisis judges are required to follow each others decisionsJudges follow decisionsif made within that courts hierarchyProvides predictabilityResults in an inflexible system y 3 great courts at an early stage of common lawCourt of common pleasThe court of kings benchExchequer court y Sources of Canadian Common lawRoman civil law concepts of property and possessionsCanon church law relation to families and estatesLaw merchant trading between nationsCustoms and traditions y Court of EquityCourt of Chancery deals with matters that couldnt be handled adequately or fairly by the common law courts y Law of equity system of law developed by the Court of Chancery
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