2010年国外大学基础商法课件第一章.ppt

* * * * 1-* ? 2009 McGraw-Hill Ryerson Limited 1-* Enforcement of Rights执行权利 Apply to the courts to challenge legislation that offends Charter宪章 rights Charter only applies to governments not to private groups or individuals Private matters are dealt with through Provincial human rights legislation “Read Into” the recent trend of courts to read into the Charter words or provisions that the legislative bodies did not Reference Cases – example is the Same Sex Marriage case 1-* ? 2009 McGraw-Hill Ryerson Limited 1-* Classification of Laws Substantive Law实体法，立法 All laws that set out the rights and duties of individuals Procedural Law程序法 Procedures taken to enforce a substantive law Substantive Right实体权利 An individual right enforceable at law Public Law Relates to relationship between governments and persons Private Law私法 Relates to relationship between individuals 1-* ? 2009 McGraw-Hill Ryerson Limited 1-* SUMMARY Law is the means by which state maintains social control Courts used as vehicle of enforcement Common law and statute law exist today Rule of Precedent “stare decisis” allows for judicial interpretation of laws and a hierarchy of courts Charter Rights S.1 rights are not absolute S.33 can be overridden with notwithstanding clause Substantive rights and law are enforced or applied through procedural law processes * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ? 2009 McGraw-Hill Ryerson Limited Prepared by Douglas Peterson, University of Alberta 1-* Part 1 – Introduction to the Law Chapter 1 – The Law and the Legal System Prepared by Robert Malach, University of Calgary 1-* ? 2009 McGraw-Hill Ryerson Limited 1-* Chapter 1 – The Law and the Legal System Learning the Law The Legal Environment of Business The Nature of Law Rights versus Privileges The Role of Law Development of Law Sources of Law Constitution and the Charter of Rights Classification of Laws 1-* Learning the Law Business Law is important to Business Persons A knowledge of legal i