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Class notes law (Legl 210)
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LEGL 210KNOWLEDGE OF BUSINESS AS AN ASSET (Jan 8th + 10th )
law in the business environment
● business law: set of rules managing commercial relationships, including the enforcement of
rights
how is law useful in a business environment
● facilitates business planning
● ensure that losses are carried by those responsible for them
● provide a system that allows business people to choose their desired level of participation and
exposure to risk in a business venture
● trademark: word, symbol, and/or design that is used to distinguish a person’s product or service
from others
protecting people + their property
● law: rules and principles leading conduct in society
● PIPEDA: (personal information protection and electronic documents act): federal legislation
imposes privacy standards on how businesses can collect, use and disclose personal info.
● personal information: info that is directly connected to one person
● privacy commissioner: resolve complaints against businesses’ treatments of personal info,
separate from government.
● the law offers protection in two ways:
1. sets rules to protect
2. sets penalties + consequences
● breach of contract: failure to follow with a contrast
facilitating interactions
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, ● contract law: rules that make agreements binding, + assist planning + enforcement of
expectations
providing a mechanism for dispute resolution
● disputes do not always need to be resolved in the court
○ providing severance package when firing an employee
● in other cases, legal steps are necessary
○ failure to follow contracts
● to determine if the legal system is needed:
1. are legal proceedings necessary at the moment
2. is there another way to resolve the problem
● meditation: the process where the parties reach a solution with the help of a neutral person
● arbitration: a process where a neutral party makes a binding decision that resolves a dispute
● liability: legal responsibility for the event that has occurred (usually the last resort)
how + why the law works
● the process for determining liability aims to be impartial, fair, and free from bias.
● full + complete impartiality is impossible
knowledge of the law as a business asset
● legal risk management: an action plan for dealing with legal risks involved in running a
business
law and business ethics
● business ethics: moral principles and values that seek to determine right and wrong in the
business world
○ should a business monitor employee emails and internet use on company computers?
○ how far should a company go in extolling the virtues of its products?
○ when does sales talk become deception?
INTRO TO THE CANADIAN LEGAL SYSTEM (Jan 13th)
the Canadian legal system
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, ● Canadian legal system: governs the legislative, executive, and judicial branches of government.
● constitutional law: the supreme law of Canada that controls how the branches of gov’t exercise
power
● government policy: ideas and principles that guide government
● legislative branch: branch of government that creates laws
○ passes laws that impact business operations
● executive branch: branch of government that generates policies
○ these policies can be directed at businesses
● judicial branch: branch of government that provides resolutions on legal and future conflicts
(like judges)
○ many rulings impact businesses, eg. commercial expression
the Canadian constitution
● all Canadian laws must comply with the constitution
● ** constitutional conventions: rules that are not enforceable by a court, but practically
determine how a given power is exercised by the government
○ the office of prime minister does not formally exist in our constitutional documents
the legislative branch of government
1. federal:
- parliament
- house of commons
- senate
- law-making jurisdiction provided by s.91(currency, national defence, criminal
law, banking, postal service)
2. provincial:
- legislature
- law-making jurisdiction provided by s.92 (hospitals, local matters, property and
civil rights with the province, administration of justice)
3. territorial:
- limited self-governance
- subject to federal control
4. municipal:
- law-making jurisdiction provided by the provincial legislature
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, - have no recognized powers
- are delegated powers by the province in some areas, such as zoning/ land use,
subdivision, property tax, and licensing
statute law and jurisdiction
● jurisdiction: the power that a level of government has to make laws
● exclusive jurisdiction: jurisdiction that one level of government holds entirely on its own
● concurrent jurisdiction: jurisdiction that is shared between levels of government
○ public health
○ environment
● paramountcy: when there are conflicting laws federal laws overpowers everything
● bylaws: laws made by the municipal level of government
○ taxing, zoning
○ affects business regulation
the executive branch
● formal executive: branch of government responsible for the ceremonial feature of government
(supplying the head of the Canadian state, the queen)
● political executive: branch of government responsible for daily operations, including creating
and executing policies, and administering all departments of government
● cabinet: body composed of ministers leading government departments, and the prime minister or
premier
○ passes regulations
the judicial branch
● judiciary: judges collectively
● judges: those appointed by federal or provincial governments to resolve disputes, and lead
criminal proceeding
the system of courts
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