Business Law Chapter 2 Lecture Notes Part 2 PDF

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Business Law Chapter 2 Lecture Notes Part 2...

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Business Law in Canada Chapter 2 Introduction to the Legal System Part 2 Lecture Notes September 13, 2019

Common Law Legal System  England's Common Law Scheme  Feudal system centralized king power  Control was decentralized during the reign of the poor kings  Royal judges have become fairer to draw more divisive people and expand the state's authority  The royal court should have unbiased role and already implement customs and practices

Stare Decisis  A justice system in which judges must follow the precedent  Common law system's most critical feature: the judge's decision is binding on all judges in the lower courts  enables the parties to foresee and thus escape court the result of the conflict  The precedent can be inflexible and cannot understand change in attitudes towards society

Bijuralism  Civil law and the common law coexist in Canada with two legal traditions  Other laws like international law are not excluded by bijuralism.  Courts display reverence for other legal traditions, including those of Canada's indigenous peoples.  Territories have procedural competence on all matters affecting property and civil rights under federal law

Equity  Common law courts had limitations because of the stare decision restrictions  Court of Chancery (Equity) deals with issues which the common law courts cannot properly or reasonably deal with  The findings are known as the equity rule...