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Complete Notes for Legal Aspects of Business (CMLW 2201)
- Institution
- Saint Mary’s University (StMU )
Complete notes for second-year mandatory law course for all Bachelor of Commerce students. Grade received: A
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CHAPTER 1- THE LAW ANDTHE LEGAL SYSTEM
CMLW 2201 – 1A
LEGAL ASPECTS OF BUSINESS I
, LEARNING THE
LAW
• What do we mean by cases ?
• Our legal system is based upon previous
cases / decisions.
• Some cases in the book are centuries old,
while others are only a few months old.
• Old cases making clear statements of the → The old cases guide today 's decis
Law are the “fine wine” of our legal system.
others
with injury to
largely concerned
.
Tort law : area of law
d- staff reduction at risk,
and sale Ot goods employment
, ,
Contract law : facilitates the purchase
the business
itself
organization of
.
and some forms of
, •
Primary areas for business are Torts law contract law
,
• Can we think of a definition of Law ??? It is difficult to come
with a precise definition.
OLIVER WENDELL HOLMES: A statement of circumstances in
which the public force will be brought to bear through the
courts.
DEFINITIONS
OF “LAW”
BLACKSTONE: A rule of civil conduct, prescribed by the
supreme power in a state, commanding what is right, and
prohibiting what is wrong.
FROM THE BOOK: “The Law” is societies rules and processes
that try to create fair and predictable outcomes in our
relationships.
, Where did our law come from :
•
After the roman conquest , England was subject to roman law .
•
In 1066 the Norman conquest brought about a more centralized system to the US .
,
•
Then the kings after 1244 , began keeping records of the judicial proceedings .
•
After 1272 written records of decisions were maintained .
,
That's how got the system Ot common law
-
we
-
-
In Canada ,
we inherited the legal system from England .
Example : You are heading to class and slip and break your arm .
✓ Do you have a legal position or legal recourse ?
Go to a lawyer
✓
Lawyer does research to see if you have a case
u what type of research ?
-
Go to previous cases look up what courts have said
,
regarding similar situations
-
With this into you can accuse Uni of being negligible
,
and so on
-
Research on broken arms to see what we are entitled
to
On the midterm : Given a case scenario, analyse the situation and give an opinion or render a decision .
Should back up your position with case
-
law
The law : The body of rules of conduct that are
obligatory in the sense that sanctions are
normally imposed
it a rule is violated .
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