ADMS 2610 Chapter Notes - Chapter all: Alternative Dispute Resolution, Ontario Securities Commission, Self-Defense

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Chapter 1: the law and the legal system: The law may be subdivided into three functions: settling disputes, establishing rules of conduct, and providing protection for individuals. Common law: the law as found in the recorded judgements of the courts. Statute law: a law passed by a properly constituted legislative body. Stare decisis is the theory of precedent in common law. In cases of identical facts only the supreme court of canada has the unrestricted ability to overrule its previous decision, and even then it does so only with caution. The facts of any two cases are seldom precisely the same. Statutes are the product or end result of a legislative process. Under this process, the wishes of the people, as interpreted by the members of a provincial legislature or the parliament of canada, are brought forward for debate in the legislative assembly. They then finally become law if the majority of the legislators believe that the law is necessary.

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