close

Вход

Забыли?

вход по аккаунту

?

Chapter 1 - Our Legal System

код для вставкиСкачать
Business Law In Canada, 7/e, Chapter 1
1-1
Business Law in Canada, 7/e
Chapter 1
Introduction to the Legal System
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-2
What Is Law?
пЃ®
пЃ®
Difficult to come up with a definition for
law
Definition is affected by:
•
•
•
•
History
Theory
Legal System in Place
Social Realities
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-3
Philosophical Basis of Law
LAW IS:
Natural Law Theory
•What God Says It Is
•Based on Morals
Legal Positivism
•What the Ruler Says It Is
•No Moral Basis
Legal Realism
•What the Courts Say It Is
•Social Moral Values
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-4
Definition of Law
Law is the body of rules that can be
enforced by the courts or other government
agencies
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-5
Categories of Laws
пЃ®
пЃ®
Substantive Law
• The rules that govern behaviour and set limits
on conduct
Procedural Law
• How rights and obligations are enforced
•
Court processes, Evidence, arrest, investigation
Continued on 1 - 6
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-6
Categories – Substantive Laws
пЃ®
Public Law
• Regulates our relationship with government
•
пЃ®
Criminal, Constitutional, Administrative
Private Law
• Regulates personal, social and business
relationships
•
Contract, Commercial transactions, Property, Tort,
Family, Labour
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-7
Civil Law Legal System
Roman Law - Justinian
пЃ® Codified
пЃ® Modified by Napoleon
пЃ® Used in Europe and most developing countries
 Quebec’s legal system is based on the French Civil
Code
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-8
Common Law Legal System
пЃ®
пЃ®
Great Britain and Commonwealth
Judge-made Law
•
•
Developed in the Courts
Based on precedent or stare decisis
•
judges are bound by previous decisions of higher
courts
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-9
Sources of Law
пЃ®
Common Law
•
пЃ®
Law of Equity
•
пЃ®
the precedent-making decisions of the courts of
Great Britain
decisions made by Court of Chancery
Statutes
•
Laws created by legislative bodies
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-10
Statute Law
пЃ®
пЃ®
Statute Law
Legislation overrides common law or judgemade law
Often summarizes or modifies common law.
For example:
•
•
пЃ®
Criminal Code
Trespass Act
Includes government regulations
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-11
The Law in Canada
пЃ®
пЃ®
пЃ®
пЃ®
Constitution Act, 1867 –
Division of Powers
Statute of Westminster
(1931)
Constitution Act (1982)
The Canadian Charter of
Rights and Freedoms
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-12
Conventions
пЃ®
пЃ®
Canada inherited certain conventions or
traditions from Britain
For example:
•
•
•
Democratic parliamentary system
Rule of Law
Principles established in the Magna Carta and
the English Bill of Rights
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-13
Constitution Act (1867)
пЃ®
пЃ®
пЃ®
Formerly known as British North America Act
Sections 91 and 92 divide powers between
federal and provincial governments
Structure of the judicial system
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-14
Question for Discussion
Canada’s constitutional structure is
essentially different from Britain’s because
it consists of the federal government and ten
provincial governments each with power to
act in their own jurisdiction. What impact
does this have on businesses operating
within and between provinces?
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-15
Constitution Act (1982)
пЃ®
пЃ®
пЃ®
пЃ®
Lists government enactments having
constitutional status
Ends ties with British Government
Establishes amending formula for
constitutional change
Charter of Rights and Freedoms
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-16
Human Rights Legislation
пЃ®
пЃ®
пЃ®
Traditionally common law and custom
protected human rights and individual
freedoms
Legislation now protects individuals against
human rights violations in social and private
relationships
Canadian Bill of Rights attempted to protect
individuals from abuses by government
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-17
Charter of Rights and Freedoms
пЃ®
пЃ®
Entrenches individual rights
Protects individuals from infringement on
their rights by governments or their agents
Continued on 1-18
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-18
Charter of Rights and Freedoms/2
пЃ®
Limitations on Charter rights
• Section 1 - interference with right must
be justifiable in a free and democratic
society
• Section 33 - legislatures can pass acts that
infringe on rights “notwithstanding” the
Charter but legislation must be reviewed
every 5 years
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-19
Personal Freedoms
Democratic Rights
Mobility Rights
Legal Rights
Equality Rights
Language Rights
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-20
Human Rights Legislation
пЃ®
пЃ®
пЃ®
пЃ®
Canadian Human Rights Act – federal
legislation
Provincial human rights acts – protect
private relationships
Must comply with Charter
Tribunals hear complaints
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-20
BC Human Rights Act
пЃ®
No discrimination based on –
•
•
Race. Colour, ancestry, place of origin, political
belief, religion, marital status, family status,
physical and mental disability, sex, sexual
orientation
Criminal conviction (if employment unrelated)
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-20
BC Human Rights Act
пЃ®
Areas of concern:
•
•
Publications
Work place
• Hiring, sexual harassment, drug and alcohol abuse
• Vicarious liability of employer!
•
•
Accommodation
Purchase of property
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-20
BC Human Rights Act - Exceptions
пЃ®
пЃ®
пЃ®
пЃ®
пЃ®
пЃ®
пЃ®
пЃ®
Affirmative action (employment equity) programs
Canadian citizenship or landed status
Handicapped performance – prove “undue hardship to accommodate”
Special interest organizations (e.g. Catholic schools)
Age and Sex discrimination
•
Shared accommodation, insurance, drinking age, mandatory
retirement, seniors rates
Bona Fide Occupational Requirement
Family relationships at work
Pension and disability plans
Copyright В© 2005 Pearson Education Canada Inc.
Business Law In Canada, 7/e, Chapter 1
1-21
Question for Discussion
пЃ®
Consider the principle of supremacy of
Parliament and the limitations placed on
Parliament by the Charter of Rights and
Freedoms.
пЃ®
Is it appropriate for the Courts to have the
power to declare some legislation invalid?
Copyright В© 2005 Pearson Education Canada Inc.
Документ
Категория
Презентации
Просмотров
53
Размер файла
176 Кб
Теги
1/--страниц
Пожаловаться на содержимое документа