Knowledge of Law as a Business Asset PDF

Knowledge of Law as a Business Asset Chapter 1 1 August 2021  Knowledge of Law as a Business Asset LEARNING OBJECTIVES 1. Examine the sources of law and basic procedures used when...

Knowledge of Law as a Business Asset Chapter 1 1 August 2021  Knowledge of Law as a Business Asset LEARNING OBJECTIVES 1. Examine the sources of law and basic procedures used when law is applied to business situations 1.1 Define law and identify the various types of law 1.2 Explain the role and function of the lawyer in business situations 1.3 Describe the sources of law and the various legal jurisdictions 1.4 Identify the rules of natural justice as they relate to Administrative tribunals 1.5 Examine legal issues that might arise in a business situation 1.6 Outline the basic rules and procedures involved in commencing and prosecuting a civil suit in the Province of Ontario August 2021 2 Knowledge of Law as a Business Asset 1 Law impacts every Knowledge of the law The law affects most aspect of society, helps entrepreneurs business decisions. including the business maximize protection environment. and avoid pitfalls. August 2021 4 Business Law A set of established rules governing commercial Defines general Protects property relationships, rules of commerce and ideas including the enforcement of rights August 2021 4  How Is Law Useful in the Business Environment? Facilitates business planning Provides mechanisms that permit businesspeople to manage their participation in business activities and exposure to risk in business ventures Provides mechanisms to ensure losses are borne by those who are responsible for them 5 August 2021 This Photo by Unknown Author is licensed under CC BY-NC-ND Business Law 2 August 2021 6 Business Law Protects People and Property The most familiar purpose of the law is to provide protection. Those who violate the Criminal Code of Canada – such as breaking into another person’s house, assaulting someone, or committing a commercial fraud – are subject to criminal sanctions such as fines or imprisonment. August 2021 7 Business law assists with many personal interactions, such as providing rules concerning marriage or the disposal of property upon the owner’s death. Business Law Facilitates Business law facilitates Interactions commercial activity by providing rules governing the marketplace. August 2021 12 CONTRACT LAW – Rules that make agreements binding and facilitate planning and enforcement Business Law expectations Facilitates Commercial BREACH OF CONTRACT Activity – Failure to comply with a contractual promise August 2021 13 Business Law Provides Methods for Resolving Disputes August 2021 14  Business Law Provides Methods for Resolving Disputes 1 LITIGATION – The process involved when one sues another using the formal court system 15 August 2021 This Photo by Unknown Author is licensed under CC BY-SA The Litigation Process in Ontario August 2021 12 Are legal proceedings absolutely necessary right now? Should All Disputes Be Is there a relationship- Litigated? preserving way to resolve the problem? August 2021 16 Introduction to Alternative Dispute Resolution August 2021 14 Are There Alternatives to Litigation? NEGOTIATI MEDIATION ARBITRATI ON ON August 2021 17 Solutions to a legal dispute exist at various levels of formality. The first logical step is for the parties to try to come to a negotiated Negotiation resolution between themselves. If necessary, a formalized settlement agreement can be created. August 2021 18  Mediation A process through which parties try to reach a resolution with the assistance of a neutral person (the mediator) 19 August 2021 This Photo by Unknown Author is licensed under CC BY-NC-ND A process through which a neutral person (or panel) makes a decision Arbitration Arbitration is usually binding. August 2021 20 Law and Business BUSINESS ETHICS – Moral principles and values that seek to determine right and Ethics wrong in the business world August 2021 23 Business Ethics From the perspective of reputation and profitability, is it enough for a commercial enterprise to simply comply with the law? August 2021 24  26 Using Knowledg e of the An effective way to minimize negative business experience and Law as a enhance returns is to implement a legal risk management plan. Business Asset August 2021 Knowledge of Law as a Business Asset 2 Owners and managers can protect their business by ensuring compliance with legal Protect requirements. Use Businesses can use contracts to plan for the future. Protect Laws can protect people and property. Businesses can use laws to enforce legal rules against those who do business and Use have interactions with the enterprise. August 2021 28  Identify the legal risks associated with a business and implement measures for managing those risks. Knowledge of Law as a Identify and plan for risks before they occur rather than Business adopting the reactive mode. Asset 3 Business ethics are not always coextensive with legal requirements but are increasingly important for running a successful business. August 2021 29 Categories of Law August 2021 24  5 THINGS LAWS DO 1 2 3 4 5 Provide Provide Settle Provide Protect order Penalties Disputes for Our Rights of General Citizens Safety August 2021 25 The Law The broadest categories of law are International Law and Domestic Law August 2021 26  International Law Includes laws that govern independent nations in their relationships with one another. Created by custom Nations sign treaties and are considered binding as law (Extradition, NATO, and NAFTA) Some organizations have international legal status (UN and International Courts) Difficult to enforce international law August 2021 27 This Photo by Unknown Author is licensed under CC BY-NC-ND Domestic Law Law that governs activity within a nation’s borders. Nation’s law making authority comes from the power to govern Power usually comes from a constitution or monarchy Includes both case law and statute law All within a country’s borders are subject to that nation’s laws August 2021 28 The Structure of the Courts August 2021 29 Divisions of Domestic Law Domestic Law is divided into substantive and procedural law August 2021 30  Law that defines the rights, duties, and obligations of citizens and government. Your conduct is governed by Substant substantive law Examples include right to own and ive Law protect property, entering into contracts, and the rules of the road August 2021 31  Law that prescribes the methods of enforcing the rights and obligations of substantive law. Ensures that all citizens are treated fairly Procedur Ensures that neither the police nor courts act arbitrarily al Law Examples include proper procedures to gather evidence, requirements for lawful arrest, and trial procedures August 2021 32  This Photo by Unknown Author is licensed under CC BY-SA-NC Divisions of Substantive Law Substantive law is divided into Public and Private law August 2021 33 Divisions of Substantive Law 2 Public Law August 2021 34  Regulates the relationship Administrative between Law government and its citizens Three categories of public law: Criminal Law Public Law Constitutional Law August 2021 35 Administrative Law – Law related to the relationship between people and government departments, boards, and agencies Types of Public Law Examples: Worker’s Compensation, Social Assistance, and Health and Safety August 2021 36 Criminal Law – Law that identifies crimes and punishments as described in the Criminal Code Federal laws prohibit behavior such as immigration offences and tax evasion. Types of Provincial law prohibits Public Law behavior that causes harm to 1 others, such as theft, trespass etc Crimes are against society August 2021 37  Constitutional Law – Body of law dealing with the distribution and exercise of government powers Overrides all other laws Types of Public Law Limits the powers of government Constitutional Divides power between the federal government and the states Courts interpret these laws to ensure all others are ‘constitutional’ August 2021 38  AN UNENFORCED LAW (ALSO SYMBOLIC LAW) IS A CRIME WHICH IS ILLEGAL, BUT IS USUALLY NOT PENALIZED BY A JURISDICTION. IT IS A LAW WHICH IS USUALLY IGNORED BY LAW ENFORCEMENT, THEREFORE SUCH TYPES OF LAWS HAVE NO CONSEQUENCES. PUBLIC LAW 2 August 2021 39 Divisions of Substantive Law 3 Private Law August 2021 40  Law governing the relationships between private individuals and between individuals and organizations Also known as civil or case law Excludes government organizations Private Law Regulates conduct and compensates who have been (Civil Law) harmed by the wrongful actions of others Refers to torts (civil injuries), contracts, property law, and family law August 2021 41 Types of Private Law Tort Law – Branch of civil law that holds persons or private organizations responsible for damage they cause another person as a result of an accident or deliberate action This Photo by Unknown Author is licensed under CC BY-NC-ND August 2021 42 Types of Private Law 1 Contract Law – Branch of civil law Family Law – Deals with various that provides rules regarding aspects of family life including agreements between people and marriage, property division upon businesses separation, and child custody August 2021 43 Wills and Estates (Estate Law) – Deals with the division of property after death including if a person dies without having a will Types of Private Property Law – Governs ownership rights in Law 2 property including the buying and selling of real estate August 2021 44  Types of Private Law 3 Employment Law – Governs employer/employee relations including minimum age a person can work, restricting the This Photo by Unknown Author is licensed under CC BY-SA number of hours required to work, and specifying the minimum wage August 2021 45  Private Law vs. Public Law August 2021 46 The Five Main Sources of Law August 2021 47  What is Law? The rules of conduct established by government of a society to maintain stability and justice This Photo by Unknown Author is licensed under CC BY-SA August 2021 48  The 5 Main Sources of Law August 2021 49  THE CONSTITUTION: IS THE MOST FUNDAMENTAL LAW IN OUR COUNTRY. SPELLS OUT THE PRINCIPLES BY WHICH THE #1: GOVERNMENT OPERATES. Constituti SETS FORTH THE FUNDAMENTAL RIGHTS OF CITIZENS. onal Law DEFINES THE LIMITS OF THE FEDERAL AND PROVINCIAL GOVERNMENTS FOR PASSING LAWS. DESCRIBES THE FUNCTIONS OF THE VARIOUS BRANCHES AND DIVISIONS OF THE NATIONAL GOVERNMENT. August 2021 50 In the early days of colonization, states adopted the English Common Law. Judges or “Magistrates” #2: traveled the countryside deciding cases on local COMMON customs and traditions. LAW Judges shared their decisions with other Judges, and this became the basis for “Common Law.” August 2021 51... COMMON LAW Eventually, decisions were written down and a body of cases was developed. Precedent – A Judge is required to follow an earlier court decision when deciding a case with similar circumstances. Stare Decisis – “Let the decision stand” August 2021 52... COMMON LAW 2 Common Law began to erode Parts of Common Law still with the passing of new laws exist in our Law. and statutes. August 2021 53 Statutes – Laws specifically passed by a governing body that has been created for the purpose of making laws. #3: STATUTOR Includes all laws passed by Parliament, Provincial Y LAW Legislatures, Local City Councils or Town Meetings. August 2021 54  COURTS MAKE LAW IN 3 WAYS: THROUGH COMMON LAW – STATE COURT DECISIONS BECOME LAW, AND OTHER COURTS IN THE STATE MUST FOLLOW #4: Court UNLESS ALTERED BY A STATUTE. POSSIBLE TO CHANGE THE PRECEDENT Decisions BY INTERPRETING STATUTES – A JUDGE CAN INTERPRET AN UNCLEAR STATUTE, ONLY IF THE JUDGE IS INVOLVED IN A RELATED LAWSUIT. BY JUDICIAL REVIEW – SUPREME COURT CAN DECLARE LAWS UNCONSTITUTIONAL. August 2021 55 Organizations created by Federal, Local, and Provincial Legislatures for regulating individual activities. Saves the Legislatures time #5: ADMINISTRATI VE Provides an organization with expert knowledge to govern a REGULATIONS specific field Can be ended at Example = any time by the Municipalities Legislature. August 2021 56  This Photo by Unknown Author is licensed under CC BY-SA-NC THE PRINCIPLES OF NATURAL JUSTICE August 2021 57  INTRODUCTION The rules of natural justice are derived from administrative law, one of the branches of law governing interactions between governments and private citizens. To a greater or lesser degree, the concepts – natural justice, procedural fairness, fair play in action – have been applied to decision-making in judicial, quasi-judicial and administrative settings outside of government, including at colleges August 2021 58 This Photo by Unknown Author is licensed under CC BY-ND Principles of Natural Justice August 2021 59 SPECTRUM OF FAIRNESS Administrative Matters Judicial/Quasi-Judicial Matters - fewer procedural considerations - court-like procedures Duty of Fairness Natural Justice Considerations- nature of decision being made and process followed in making it nature of the statutory scheme and terms according to which the body operates importance of the decision to the individual(s) legitimate expectations of the individual(s) choice of procedure made by the body itself August 2021 60  The rules of natural justice are enshrined “audi alteram partem” (let thein otherthe“nema side be heard). This is the principle that following two judex in causa sua” (no one can principles: no person should be judged without a be the judge in their own cause). This fair hearing in which each party is given gives rise to a duty to act fairly, to listen Principles the opportunity to present their case to arguments and to reach a decision in and respond to the evidence against a manner that is untainted by bias. them. of natural justice 2 The key to natural justice is to ensure that decision-making processes are transparent, impartial, evidence-based and, therefore, fair. August 2021 61  1. Notice of Hearing 2. Hearing a) Written vs. Oral b) Evidence c) Assistance the right to d) e) Witnesses Adjournment be heard 3. Decision a) Decisions by persons who have heard all the evidence b) Decision based substantially on the evidence submitted at the hearing c) Reasons for the decision d) Hearing within a reasonable time August 2021 62 FREEDOM FROM BIAS PECUNIARY FAMILY PROFESSIONAL ATTITUDINAL INVOLVEMENT IN INTEREST RELATIONSHIP RELATIONSHIP BIAS PROCESS AND PERSONAL FRIENDSHIP August 2021 63 Mandamus  an order demanding a person to perform a duty or an act. FAILURE TO QuoWarranto  APPLY removal of a person occupying an office RULES OF illegally. NATURAL JUSTICE Judicial Review  court of law is asked to rule on the appropriateness of a decision. August 2021 64