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ADMS 2610 (76)
Chapter 1

Week 1 - Chapter 1 to 3.doc

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Department
Administrative Studies
Course
ADMS 2610
Professor
William Pomerantz
Semester
Winter

Description
1.1 ADMS 2610 Week 1 Tort - civil law Get a little understanding of various areas of law Lawyer referral service - low price - Everyone is entitled to a free 30 minute consultation - Call Law Society of Upper Canada Contingency Fee - if a case is won the lawyer will take some of it - Usually about 25-30% of winnings LegalAid - free lawyer if we are qualified - E.g. Criminal, immigration law - In Ontario we can Choose any lawyer with free legal aid Law Society of Upper Canada - lawyers have a strict set of rules they have to follow - They license the lawyers - Can take the license away from lawyers The Social Responsibilities of Business All of these overlap: Economic - make a profit (operations; finance, marketing, accounting, strategy) Legal - obey legislation and avoid being sued (e.g. Breach of contract negligence - Focus of Course Ethical - Go beyond the law (.e.g honest, keep promises, respect others, avoid harm, etc.) - Industry, progressional, corporate codes of ethics) - The law and ethics are not the same. While they sometimes overlap (e.g., murder, theft, etc.), they sometimes do not (e.g., keeping one’s promise may not be legally required but is ethically re- quired). 1.2 Top Ten” Legal Questions What percentage of court cases make it to trial? - under 10% Can the Federal government pass a law about education in Canada? - How many provinces does it take to amend the constitution? If a company only hires tall white males as employees, has it breached the Charter of Rights and Freedom? What is the limit of dmanafes you can ask for in Small Claims Court (Ontario) - 25 000 Do you have to pay the other side’s lefal costs if you lose your case? Are contingency fees allowed in Ontario? Are class action lawsuits allowed in ontario? Do litigants testify at the Supreme Court of Canada Legal Environment of Business Business Law - divided into a number of general areas - Tort law - injuries to another’s person, property, or reputation - Contract law - day-to-day operations of a busines - Business Organizations - partnership, sole proprietorship, corporation - Land Law - Intellectual Property - Environmental Law Where do we get our Laws Common Law - Judge made law - Case law 1.3 - “Stare Decisis” (judges of lower courts have to follow decision of judges of higher courts in same jurisdiction) - Precedent - If a judge makes a decision in a previous case in a certain way - The next time the same set of facts come up with a different court, they must follow the previous higher courts decision - Way around it is to provide facts that are different from the previous case - Not civil law (e.g. Civil code) - Can conform to the changing needs of society Eg. adapting to same sex marriage Equity - 15th century - Courts of Chancery - Less rigid, fairness - Originally based on decisions of the king rather than the law Statutes (legislation) - government made law - Constitution - Federal, Provincial, Municipal, - Administrative Law - Based by a properly constituted legislative body/government - Judicial interpretation of “statute law” creates case law Laws from Common law and equity have merged together in the late 19 Century Administrative Law Regulations - procedural rules made under a statute Classification of Law (Common law, Equity, Statue Law) 1. Substantive Law ( Rights and Duties of Individuals) A. Public Law (individual and Government) - Criminal code - Income tax - Highway traffic B. Private Law (between individuals) 1.4 - Contracts - Torts - Property - Corporate Law 2. Procedural Law (procedures to Enforce Substantive Laws) A. Criminal Procedure - Criminal B. Civil Procedure - Contracts - Torts Canadian Constitution - a formal written document that sets out the rights and freedoms of Canadians - Contains two major parts: 1) British NorthAmericanAct (1867) 2) Canadian Charter of Rights and Freedoms 1. British NorthAmericaAct (1867) a. Federal Government (s.91) i. Trade and commerce ii. Bankruptcy and insolvency iii. Immigration (residual powers) b. Provinces (s.92) i. Property and civil rights - governments are limited to making laws within their area of power FEDERAL - Criminal Law - Banking - Bankruptcy - Divorce - Immigration - Defense - tax Provincial - health care - education 2. Charter of Rights and Freedoms (1982) - when Canada became independent A. Rights (Ss. 2-15) - S.2. 0 fundamental freedoms (religion, expression, peaceful assembly, association) - Ss.3-5 - democratic rights (vote) 1.5 - S.6 - mobility rights (living/working in any province) - Ss.7-14 - legal rights (used in criminal matters) - Right to Due Process - If arrested:reasons; right to counsel; tried within reasonable time - S.15 - equality (no discrimination on basis of race, national or ethnic origin, colour, religion, sex, age or mental or physical disability) B. Limitations (Ss. 1,33) A. S.1 - justified infringement (subject “to reasonable limits...as can be demonstra- ble justified in a free and democratic society”) B. S.33 - “notwithstanding clause” (governments can override legislation that in- fringes certain sections of Charter) - NEVER USED - basically saying they don’t care about the laws - It was used in Quebec to say that signs had to be predominately French C. Changes to Constitution - Requires “special majority” (7 of 10 provinces with 50% of population) Section 1 of Charter Rights and Freedoms - sometimes the government can make laws the violate Charter Rights as long as they can be justi- fiable - for the good of society overall - Judges decide whether the Charter Rights have been violated - Protects us from the Government - Used Only when we are being discriminated against by our government - Government passes laws that violate our Rights and Freedoms When a new area of law comes into play, Federal Law gets control Government makes a law in an area they have no jurisdiction in - the law is not good CHAPTER 2 THE JUDICIALSYSTEM Structure of Courts Supreme Court of Canada 1. Ontario CourtAppeal 1.6 a. Ontario Court of Justice (less serious criminal; young offenders; family) - Youth Court (12 years to under 18 years) - deals with cases where young persons are accused of committing criminal offenses b. Supreme Court of Justice (serious cr
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