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ADMS 2610 (76)
Sam Ling (7)

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Administrative Studies
ADMS 2610
Sam Ling

Chapter One: Tort Law: Concerned with Injuries to others. May arise as result of Negligent production of goods causing injury to consumer Careless professional service causing physical or economic loss Unsafe operating premises Injuries in a myriad of activities or through action of employees Contract Law: concerned with the basis of business and application of day-to-day operations of business organizations Facilitates purchase and sell of goods Facilitates employment of staff Facilitates reduction of risk through insurance contract. Contractual relationship and law that controls other business relationship include: Bailment Labor law and employment Negotiable instruments Consumer protection and law relating to restrictive trade practices Land Law: Area of law that covers the purchase or lease of premises or the financing of the purchase and buildings, these include: Securing of debt in credit transactions Bankruptcy law International trade Environment Law Protection of Intellectual and Industrial property. Law: Set of rules that enable people to live together and respect each others rights Common Law: Recorded Judgments of the law Rights: Particular acts with impunity, or with the force of the state behind us. Imposes a duty on others not to interfere with our actions Privileges: Actions taken by individuals under specific circumstances may be withdrawn or curtailed by the state. Role of Law: Rules of conduct that are obligatory and failure to adhere would lead to sanctions being imposed. Used to implement public policies which dont fulfill desires/wishes of people, but desires of those in a position of political power at a given time Social control 3 main functions of law: Setting disputes Establishing rules of conduct Providing protection for individuals Sources and Components of the Modern Canadian Law Common Law: Law found in the recorded Judgments of the court. Also known as case law because statement of common law may be found here and to distinguish if from statute law Statute Law: Law passed by a properly constituted legislative body Stare Decisis: To let a decision stand/ Stand by a previous decision. Precedent in common law. Doctrine means that judge must apply previous decision of a case similar to one before, providing such decision was: From the Judges Court From court of Equal Rank From a higher ( Superior ) Court Cannon Law: Law developed by the church to deal with matters that fell within their Jurisdiction. Included religion, family, marriage and moral matters. Many rules of cannon/ Church Law became a part of common law. Law Merchant: Customs/ Rules established by merchants to resolve disputes that arose between them, later applied by common law judges in cases that came before courts/ Equity: Rules originally based on decision of king rather than on the law and intended to be fair. Statute Law: Wishes of people brought forward for debate, becomes a law if majority of legislators believe that the law is necessary. BILL is the beginning of a statute law- proposed law presented to a legislative body ( HOC or PL ) It requires a MOTION is the decision to read a bill for a first time and printed for circulation. Members given time to prepare to debate it contents. BILL comes for the second time and then re-debated. If BILL passes, it is send to committee of the house for study on a clause to clause basis and BILL can be amended at this stage If BILL approved, its reported in its final form by chair of committee to legislature. If passed by majority, it goes to the senate ( Federal Level ) Once approved by HOC, PL or senate, it must receive ROYAL ASSESMENT Needed in order for a BILL to become a LAW is done by Governor General Its then PROCLAIMED Law becomes effective Statute law: Advantage: Can be changed quickly and respond to societal needs easily. Disadvantage: Strictly interpreted by courts Quebec Civil Code: Body of written law that sets out the private rights of the citizen of the state. These Include: Persons, family, successions, property, obligations, claims and hypothesis, evidence, prescriptions, publication of rights and private International laws. Administrative Law: Body of rules governing the applications of statutes to activities regulated by Administrative Tribunals Agencies created by legislature to do specific things. Activities that fall under this Jurisdiction include: Sales of securities by public companies Labor relations and Employment Standards Aeronautics and Broadcasting Sale and consumption for alcohol beverages Land use and other commercial activities/ Constitutional Foundation of Canadian Law Constitution: Basis upon which a state is organized and the powers of its government defined. Its divided into: Canadian Charter of Rights and Freedom an d Amending Formula Canadian Charter of Rights and Freedom: Is a formal written document that sets out the rights and freedoms of Canadians: Recognizes the supremacy of the legislative bodies for passing certain laws within the sphere of jurisdiction. It encompasses: Fundamental Freedom Mobility and Personal Liberty Rights to due process Equality Rights Enforcement rights Protection of other special and General rights and freedom Classifications of Law: Substantive Law: Sets out rights and duties of Individuals Procedural Law: Procedures Plaintiff must follow to enforce substantive rights Substantive Law divided into Public Law: Relationship between Individuals and Government. Private Law : Relating to relationship between Individuals Chapter 2 Judicial Systems Structure of the Judicial System Authority of the court may be Monetary ( court cases to be heard concerning money up to a certain amount ) Geographic: ( Hearing cases with particular province/ area where land is situated ) Classifications of Law Courts: Courts of Original Jurisdiction ( Trial Courts ) : Court in which a legal action is first brought before a Judge for a decision Courts of Appeal: Are Superior Courts and may overrule or vary the decisions of the lower or trial courts, principle function is review the decisions of trail, and could send back a cases for a new trail if they think it was an erroneous decision. FEDERAL COURTS: 1. Federal Court Trail Division: Hears disputes between provincial and federal governments. Actions against federal governments Admiralty, patent, trademark, copyrights and Taxation Appeals from federal boards, tribunals and commissions 2. Federal Court of Appeal: May hear appeals from Federal courts Trail Division and appeal with leave to Supreme court of Canada 3. Special Tax court: Part of Federal Court system that hears disputes between taxpayers and the Canada Customs and Revenue Agency 4. Supreme Court of Canada: Hears important appeals from the appeals court and Federal court of appeal. PROVINCIAL COURTS: Vary from province to province and includes the following 1. Criminal Courts Magistrate or Provincial Courts: Court of Original Jurisdiction that is presided over by a provincially appointed Judge or Magistrate Deals with criminal matters ( accused individuals or corporations ) Deals with the violation of provincial statutes and municipal by-laws Quebec has the court of sessions of peace 2. Provincial Supreme Courts: Empowered to hear the most serious criminal cases Ontario calls its Superior Court of Justice
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