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Intro to Law York University

In: Business and Management

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Intro to law

Chapter 1
Business law is divided into:
- Tort law – injury
- Contract law
- Business (sole, partner, corporation)
- Real estate
- Intellectual
- Environmental
3 functions of the law
1. Settling disputes
2. Establishment of rules
3. Protection
Sources of law
- Case law – from recorded judgement – precedent
- Statues – passed by government
- Statue law – judicial understanding and application
Stare decisis: to let a decision stand
1. From the judges own
2. From a court of equal rank
3. From a court of higher rank
Equity
- Rules originally based on decisions of the king
Charter of rights
- Notwithstanding clause o Permits the government to pass a legislation that conflicts or overrides charter
- Right to due process o Informed of rights o Right to a lawyer
Classification of laws
- Substantive law o Law that sets out rights and duties o Individual right enforceable at law
- Procedural o Procedures taken to enforce the law
- Public o Relates to the relationship between governments and persons
- Private law o Relates to relationships between individuals

Chapter 2
Jurisdiction
1. Court of original jurisdiction
2. Court of appeal
Criminal court procedure
1. Plaintiff – party bringing the action
2. Defendant – party defending an action
3. Discovery
a. Examination and questions
Class action
- Group of individual represented by one attorney in a suit

Chapter 3
Administrative law
- Includes laws, rules, decisions etc.
- All levels of government
Hearing process
- Authority o Bodies have power to deny or revoke rights of a person to practice in a trade
- Natural justice o Such powers must comply with natural justice
 Notice of charges against a member
 Opportunity to prepare and present a case
Administrative boards decisions are quasi-judicial
- Decisions must be reaches in a fair and…...

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