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COMM 315 Midterm Review 1 + questions and answers Business Law and Ethics (Concordia University)
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lOMoARcPSD|63 53920COMM 315 Midterm Review 1 + questions and answers
Business Law and Ethics (Concordia University)
, lOMoAR cPSD| 6353920
CH. 1 INTRODUCTION TO LAW
• What is law?
o A set of rules and guidelines by which a society has come to accept as a way
ofliving and conducting itself.
• Law & justice
o Justice: a process of applying law, the system where law is applied by law
enforcement & judges, in a fair manner to everyone (because we are a
democracy)
• Law: created by law makers (government)
1. Law consists of words on paper written by lawmakers (no emotions
orfeelings), but words have meaning.
2. Law is applied and enforced by judges. Judges are humans who go about
their daily lives like regular people. It is with this understanding, that they
apply thelaw.
3. The law is used as an instrument for enforcing standards of conduct and
forbuilding a particular type of society.
• Law & ethics
o Ethics: set of principles or moral values of a society, distinguishing right from
wrong. (Laws also reflect these values)
o Laws could contradict ethical principles as well (manufacturing in
underdeveloped countries= cheaper yet more unethical because of
exploitation)
• Private vs. public law
o Private: Rules that regulate the legal relationship and obligations
betweenindividual citizens.
• Contract law
• Commercial law
• Property law
• Civil liability law
o Public: Governs the relationship between citizens and their state or nation
orcountry.
• Criminal law
• Taxation law
• Highway law
• Language laws
• Bankruptcy law
o Attempt to regulate behavior that affects the entire community and impose
strictpunishment on those who break the law.
, lOMoAR cPSD| 6353920
• Civil vs. common law
o Civil: Private law that was used in France (Napoleonic code) that was placed in
Quebec and the British left it in place à former Spanish states also have civil law
(California, Florida)
• Write down code & apply law
• If law is silent, see how judges apply it
• Look @ Law first, then judge/court application
o Common: British law
• First looks at how it’s applied (jurisprudence)
• Then go to see code/written law
• Look @ Application first, then look @ law
• Substantive vs. adjectival (procedural) law
o Substantive law: the law itself (civil code, QC code of human rights, Canadian
business act, Quebec business act, Income tax act), sets out rights and
responsibilities
o Procedural law: how to apply the law (ex: Civil procedure) à Not touched in
COMM 315
• Law suit
o When you want to sue someone
o Debt can be monetary or moral (ex: slander someone) where you have 2 parties.
• Debtor vs. creditor
➢ Debtor: obligation to pay back, get sued (defendant)
➢ Creditor: right to enforce a claim, who takes the law suit (plaintiff)
• Class action
➢ All have similar claim against one person/entity, multiple
debtorshaving a similar claim against the same creditor/plaintiff
(Ex: Volkswagen diesel case)
• Where to sue
➢ Ex: Plaintiff is in MTL, Defendant is in Quebec city à In general we
sue where the Defendant resides, sometimes it can be where the
contract was signed
➢ Ex: Buyer is in MTL, Seller is in China à Look @ contract to see
what jurisdiction’s law applies to it, if it’s silent on the issue,
generally you would have to sue in the domicile of the defendant
• Prescription
➢ Limitation period in civil law, it’s generally 3 years in QC, Ex: You
sell something and the person’s check bounces, then you have up
to 3 years to sue
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