Textbook Notes (368,448)
Canada (161,886)
York University (12,845)
ADMS 2610 (76)
Sam Ling (7)
Chapter 1

notes-chapter 1.docx

7 Pages
Unlock Document

Administrative Studies
ADMS 2610
Sam Ling

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
More Less

Related notes for ADMS 2610

Log In


Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.