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Chapter 2-6

Management and Organizational Studies 2275A/B Chapter 2-6: Business Law Reading Notes-1


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
Susan Toth
Chapter
2-6

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Intro to legal system 09/11/2015
What is law
Canada parliamentary supremacy
oFederal/provincial = primary source of law
US pragmatic approach
oJudges factor in current social & economic realities
*Definition: body of rules made by government that can be enforced
by courts or other Gov. agencies*
there laws within this definition
oe.g. in an office
*law & morality = 2 different things
Categories of law
Substantive law
oRights & limits of individuals in society
e.g. rights to travel vote & prohib. theft murder
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Procedural law
oHow substantive law will be enforced
e.g. arrest, investigation, etc.
Public law
oConstitutional law
Private law
oPersonal, social, business
e.g. when a person sues another (private or civil)
Origins of law
Quebec civil law (French civil code)
All other provinces common law legal system
Civil law legal system
oCivil code used throughout much of the world
oCode = list of rules, broad principles of the law judges apply
oCivil code = predictability
Code decides, not precedents
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oCivil code used in private disputes
oDoctrine of good faith
Parties can no longer withhold info
oCivil code applies to tort cases
Tort = someone pursuing for damages
oCourts in civil law not required to follow each other’s decision
Consistency is reduced
Common law legal system
oPrecedent consistency + predictability
oCommon law came from struggle of power
oHenry 2 traveling courts
The fairer the judges, more people attracted
oCommon law came from common people
Traditions + customs
oStare decisis = following a precedent
Judges follow decisions in their hierarchy
Creation of appeal courts
Similar to civil code in French system
Disadvantage: social attitudes may have changed
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