Management and Organizational Studies 2275A/B Chapter Notes - Chapter 2: Small Claims Court, Occupational Safety And Health, Public Law

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Business Law
Textbook Readings – Chapter 2 Textbook Notes
The Canadian Legal System
Introduction
oThe legislative branch creates law in the form of statutes and regulation
oThe executive branch formulates and implements government policy and law
oThe judicial branch adjudicates on disputes
oGovernment Policy: the central ideas or principles that guide government in its
work, including the kind of laws it passes
oConstitutional law – which is the supreme law of Canada- is charged with
ascertaining and enforcing limits on the exercise of power by the branches of
government.
oLiberalism emphasizes individual freedom as its key organizing value
oCanadian Legal System- The machinery that comprises and governs the
legislative, executive and judicial branches of government
oThe legislative branch of government passes laws that impact on business
operations
oThe executive branch implements and generates policy that may be directed at
business
oThe judicial branch provides rulings that not only resolve existing legal conflicts
but also impact on future disputes
The Canadian Constitution
oThe written elements of the Constitution include the Constitution Act, 1867 and
the Canadian Charter of Rights and Freedoms
oConstitutional conventions are a “code of ethics that governs our political
processes”
oConstitutional Conventions- Important rules that are not enforceable by a court
of law but that practically determine how a given power is exercised by
government
oThe Canadian Constitution provides for the three brands of government:
Legislative, Executive, and Judicial
The Legislative Branch of Government
oThe legislative branch of government creates a form of law known at statute law
or legislation. An example would be the Criminal Code of Canada
oThe federal provincial, and municipal levels – make legislation in Canada.
Parliament, the federal legislative branch, is composed of the House of
Commons and the Senate
oEach province also has a law-making body
oMunicipalities, which are created by provincial legislation, have legislative bodies
often called city councils.
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Statute Law and Jurisdiction
oCanada is a federal state, government power is split between the central,
national authority (the federal government), and regional authorities (the
provincial government)
oFederal government empowers territorial governs
oThe provincial government empower municipal governments
oJurisdiction- the power that a given level of government has to enact laws
oFederal government has jurisdiction over criminal law
oNo provincial criminal codes
oThe federal government has exclusive jurisdiction over criminal law
oExclusive Jurisdiction- Jurisdiction that one level of government holds entirely on
its own and not on a shared basis with another level
oConcurrent Jurisdiction- Jurisdiction that is shared between levels of
government.
Ex: Public Health and Environment
oParamountcy
A doctrine that provides the federal laws prevail where there are
conflicting or inconsistent federal and provincial laws
oRatify – The authorize or approve
oTreaty- An agreement between two or more states that is governed by
international law
oBusiness is mostly affected by the provincial and municipal governments. An
important exception relates to businesses in banking, international or
interprovincial transport, and communication
oBusinesses are subject to federal law concerning licensing, labour, and
occupational health and safety
oThe regulation of business is generally a provincial matter
Property and civil rights
oMunicipalities have jurisdiction to legislate in a broad variety of matters
Local zoning, parking, and subdivision
oMunicipal legislation takes the form of bylaws
Laws made by the municipal level of government
The Executive Branch of Government
oThe formal executive also has a significant role in the legislative process, since
the executive branch of government, represented by the governor general or
lieutenant governor issues approval as the final step in creating statute law.
oFormal Executive- The branch of government responsible for the ceremonial
features of government
oPolitical Executive- The branch of government responsible for day-to-day
operations, including formulating and executing government policy, as well as
administering all departments of government
oLevel of government that businesses typically lobby
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