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ADMS 2610 (76)
Sam Ling (7)
Chapter 1

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Department
Administrative Studies
Course
ADMS 2610
Professor
Sam Ling
Semester
Winter

Description
Chapter 1: The Law and the Legal System Learning the Law  Business law is important to business persons  A knowledge of legal issues is essential to the making of proper risk management decisions  Learning the history of law helps us to better understand the law in its present day context  People need to understand the types of basic legal issues that affect business planning/operations  People need to be aware of developments in law that may impact our specific type of business The Legal Environment for Business Business law can be divided into a number of general areas which includes:  Tort law- injuries to another's person, property or reputation  Contract law- day-to-day operations of a business  Business Organizations—sole proprietorship, partnership, corporation  Land Law- the purchase or leasing of premises or the financing of the purchase of land and buildings  Intellectual Property  Environmental Law The Nature of the Law  Reflects the society we live in  Based on historical influences Definitions of “Law”  Difficult to define in a precise manner, because of the nature of law itself—more of a concept rather than an object or thing that has clearly defined limits or parameters. However law has been defined as (though may not be precise and all en-compassing):  A set of rules that enable people to live together and respect each other’s rights  Rules of civil conduct Rights versus Privileges Right – are things we can do with impunity  Others have a duty not to interfere with our rights i.e. Freedom of Speech Privilege – actions that may be taken by an individual under specific circumstances and if improperly exercised it can be taken away by the state example: driver’s license - Rights can become privileges due to social pressure or the state’s desire for funds The Role of Law  The Law – the body of rules that are obligatory in the sense that sanctions are normally impose if a rule is violated. Common law and statute law are two major sources of law - Normally enforced by sanctions Social Control  using laws to shape society Settlement, Rules and Protection There are 3 functions of the law: settling disputes, establishing rules of conduct and providing protection for individuals. Early Development of Law Within the Family  word of mouth from generation to generation  early form of precedent Within City-State  Formation of governments to deal with disputes  Balance between common good and individual freedom  Roman Empire spread rule of law over much of Western Europe, Middle East The Rise of the Courts and the Common Law Customary law  Religious laws  Community based Pre-Norman England  Roman law followed by Germanic influence to the Norman conquest in 1066 Norman England and the Common Law  Power consolidated with the King and the King’s justices  Central judiciary established under King Henry II o Beginning of the precedent system of common law o Written records began to be kept The Sources and Components of Modern Canadian Law  The Common Law or Case Law – the law as found in the recorded judgments of the courts o Common Law could be determined from judges through the doctrine of stare decisis (to stand by a previous decision) i.e. the doctrine means that a judge must apply the previous decision of a similar or the same case. The decision can be provided from the 1) judge’s own court, 2) a court of equal rank, or 3) higher court.  The Statute Law – the law passed by a properly constituted legislative body  The statutes laws are the product or end result of a legislative process  Steps in the legislative process o Idea for legislative proposal o Ministry review of proposal o Minister approval o Cabinet submission by minister o Cabinet submission reviewed by Management o Board of Cabinet o Approved cabinet submission sent to Legislative o Drafting Office o First Reading of the bill o Second reading o Select or standing committee o Committee of the whole house o Third reading o Royal assent o Proclamation in force - Judicial interpretation and application of ``statute law`` creates case law. Common Law Stare decisis—Latin phrase—``to let a decision stand`` or ``to stand by a previous decision`` Applies if a decision:  From the judges own court—persuasive  From a court of equal rank—persuasive  From a court of higher rank—binding - This is a basic judicial principle that judges in lower courts must follow higher court direction when dealing with similar facts and issues. - Creates certainty and predictability - Predictable yet flexible  More flexible than a civil code  Can adapt to social changes such as same sex marriage  Requires familiarity with ongoing evolution of statute and case law Canon Law Canon Law: the law developed by the church courts to deal with matters that fell within their jurisdiction (also known as church law) - Original jurisdiction over religion, family, marriage, morals, estates - Influence today (Sunday shopping laws, ecclesiastic courts) Merchant Law Law Merchant: The customs or rules established by merchants to resolve disputes that arose between them and that were later applied by Common Law judges in cases that came before their courts. - Example today would be the sales of goods legislation Equity Equity: Rules originally based on decisions of the king rather than on the
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