Library and Archives Canada Cataloguing in Publication. Smyth, J. E. (James Everil), , author. The law and business administration in Canada / J.E. Smyth. Full file at Canadianth-Edition-Smyth-Test-Bank MyTest for Smyth: The Law and. Law And Business Administration In. B.S.B.A. Business Administration and Law MinorMajor. The program's undergraduate degree is unique to the University of.

The Law And Business Administration In Canada Pdf

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The Law and Business Administration in Canada 13th Edition Test Bank Smyth. This is the Test Bank Test Bank come in a PDF or Word format. The Law and. Law and Business Administration in Canada 13th Edition by Smyth Soberman Easson and business administration 13th FREE PDF DOWNLOAD. Administration In Canada [PDF] [EPUB] In UK law, the administration regime is The BCIT Bachelor of Business Administration (BBA) degree.

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Recall 43 There are two models of legal aid that are used in Canada.

TF Page Reference: Recall 44 Most provinces in Canada permit contingency fee arrangements. Recall 45 Before a person can commence a suit, he or she must have standing to sue. Recall 47 The great majority of civil lawsuits do not proceed to trial because the parties ultimately settle.

Recall 48 Explain whether judges are required to follow the principle of stare decisis.

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Although traditionally judges strictly followed this rule, today they are only bound by decisions of higher courts, and even then, since no two sets of facts are identical in every respect, judges can and do distinguish the facts of the case in issue before them with the facts of earlier similar cases in order to avoid this rule. ES Topic: Applied 49 Explain what is meant by the liberal approach taken by judges in interpreting statutes.

A liberal approach involves consideration of the context, the custom, and trade usage of the language, as well as the intent or purpose of the government when it passed the law. This will involve looking at the state of the law at the time of the passage of the statute and the language used when the bill was introduced and debated.

Recall 50 Explain the legal system commonly referred to as civil law. This system of law is one that was derived from Roman law, and more particularly Justinian's Code; it involves a comprehensive legislated code in which the actual laws are codified or written down in a statute.

A court of first instance is a trial court where witnesses give evidence and an initial judgment is made. The topic of dispute will determine in which trial court the dispute belongs.

Recall 52 How is an appeal different from a trial?

A trial is the culmination of an action. The parties to the dispute bring all their evidence and version of the facts before the court. The difference between the version of the facts of both parties is usually very wide. The court's task is to sift through all the evidence presented to determine which evidence is admissible, which facts are credible, and which witnesses are credible. Ultimately, when the judge makes a finding, it is a finding that a person's story is more likely than that of the other party.

An appeal is very different from a trial. An appeal is essentially a review of the trial.

The appeal judges review the trial and evidence to determine whether certain errors were made. Errors could include errors of law, drawing wrong conclusions from the evidence, and misconstruing the evidence.

The appeal judges do not re-try the whole matter. ES Page Reference: The term res judicata means that a matter has already been decided by the courts and cannot be re-argued by the same parties. For instance, if Jack sues a corporation for negligence and the court hands down a judgment, then the matter becomes res judicata and Jack cannot re-argue the case. When an action is commenced, each party to the dispute has a right to question the other party, before trial, to determine the case that he or she has to answer and to determine the nature of the evidence that the other side possesses.

These pre-trial question-and-answer sessions are known as examinations for discovery. Not all provinces provide for examinations for discovery in their court procedures.

Recall 55 Why is hearsay evidence generally not admissible in a trial? Witnesses who testify in court should be subject to cross-examination so the court can assess their credibility.

Hearsay evidence is evidence of words attributed by a witness to a person who is not before the court. The Machinery of Justice person who is alleged to have said the words cannot be cross-examined by the opposing lawyer. Although the trial judge in such a case would understand that she or he was technically bound to follow earlier decisions dealing with the same subject as the case before her or him and also that normally decisions of higher courts would be binding on her or him, it would be open to her or him to distinguish the facts of the case before her or him from the facts of earlier decisions by dwelling on minor differences between them.

This would permit the trial judge to depart from the normal rules and adjust the law to the case before her or him by applying it differently than it was applied in previous or higher decisions. However, the real test of the correctness of the trial judge's decision would come on appeal to either a court of appeal or the Supreme Court of Canada.

If these courts, more particularly the Supreme Court of Canada, upheld the trial judge's decision, then her or his departure from the normal rules would be confirmed and she or he would have effectively changed the common law.

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Applied 57 Explain why it is important that the Supreme Court of Canada not be bound by its own decisions. The Supreme Court of Canada is the highest court in the country and the court of last resort for all matters. If it were to bind itself to it own decisions, it would make it virtually impossible for the law to change.

As the highest court in Canada, the Supreme Court of Canada must have the flexibility to change the law when contemporary standards change. For this reason it must be able to review and reverse its own earlier decisions, thereby keeping the law current and up to date. The Machinery of Justice Diff: Applied 58 Distinguish between mediation and arbitration.

A mediation is presided over by a mediator, whose job it is to try to resolve the dispute between parties by facilitating a settlement between them. Usually, the mediator is an expert in the area of law that applies to the dispute and he or she will use a number of established techniques to help the parties resolve their dispute.

However, a mediator cannot make a decision that is binding on the parties. An arbitration is a form of proceeding that is presided over by an official called an arbitrator, who is also usually an expert in the area of law that applies to the dispute. But in an arbitration the parties have agreed in advance to be bound by the arbitrator's decision. During the arbitration, the arbitrator hears evidence from each of the parties and then renders a decision that is final and binding on the parties.Correct Answer: The parties to the dispute bring all their evidence and version of the facts before the court.

The previous decisions of judges are thus important. Recall 45 Before a person can commence a suit, he or she must have standing to sue. Government Made Law Skill: They decide that Mary should represent all of them in a lawsuit. Web based software running computer-based simulations and assessments are used to support and enrich the learning experience.

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