After reading this chapter, you will be able to: Identify the sources of law; summarize the court system and the methods of conflict resolution; gain an appreciation of the framework for regulating business through administrative agencies;...
Trang 1The Legal and Regulatory Environment
Trang 2
© 2003 McGrawHill Ryerson Limited
2-1
Business Law
The rules and regulations that govern the conduct of business including federal,
state and local laws.
Trang 3Constitutional law Law based on the Canadian
Constitution
Common law The law judges establish while
deciding disputes.
Statutory law Laws enacted by a federal or
provincial legislature.
Administrative law Regulations passed by
provincial and federal tribunals
2-2
Trang 4
© 2003 McGrawHill Ryerson Limited
The Court System
2-3 • Violations of federal laws
• Constitutional law
• Disputes between citizens of different countries
• copyright, patent, and trademark infringement
• Bankruptcy
• Tax law
• Disputes between the federal and provincial governments
Federal Courts handle cases involving
• Violations of provincial laws
• Probatethe processing of wills
• Family law
• Small claims (up to $10 000)
• Civil law
• Criminal law
• Young Offenders law
Provincial Courts handle cases involving
Trang 5• Lawsuits
• Mediation
• Arbitration
2-4
Trang 6
© 2003 McGrawHill Ryerson Limited
Criminal Health Care Fraud Cases in Selected U.S. States
199397
2-5
Source: “Prosecuting health care fraud,”
USA Today, February 23, 1999, p. 5B.
Total
Cases Prosecuted # Convicted %
Alabama 94 20 90 California 379 171 86 Kansas 163 25 88 Maine 7 3 100 Michigan 228 59 82 Mississippi 86 28 80 North Dakota 5 1 100 New York 185 135 57 Wyoming 13 3 100
Trang 7
2-6
Stephen and Cathy Simon of 1234 Any Street, Dartmouth, Nova Scotia, agree to mow the front and back lawns and trim the trees and shrubberies at 6789 Any Street, Halifax, Nova Scotia. This service will be carried out every Saturday at 2 p.m. from June 1, 2002 through September 31, 2002.
Mr. John James of 6789 Any Street, Halifax, Nova Scotia, agrees to pay Stephen and Cathy Simon $50 every Saturday after these services are completed.
John James Date
Stephen Simon Date
Cathy Simon Date
Intention
Consideration
Voluntary Agreement
Trang 8
© 2003 McGrawHill Ryerson Limited
Types of Property
permanently attached to it
Personal everything else
Intellectual property generated by a person’s
creative activities (e.g., musical works, art work, computer
software)
2-7
Trang 9Patents Granted to Computer Companies
2-8 Most U.S. patents granted in 1998
2,682
1,632 1,934
IBM (USA) (Japan) Canon (Japan) NEC
GRAN TED
Source: IFI/Plenum Data
Trang 10
© 2003 McGrawHill Ryerson Limited
Three Bankruptcy
Proceedings
Voluntary Assignment Bankrupt person initiates
proceedings
Proposal to Creditors Debtor makes a proposal
to the creditors through a Licensed Trustee to work out a payment plan
Creditor Petitions 1. If debts > $1 000 or
Court for Receiving 2. If Act of bankruptcy
Order < 6 Months
2-9
Trang 11Competition Act Is intended to maintain and
(1986) encourage competition in Canada in
order to promote the efficiency and adaptability of the Canadian
Economy.
Competition Tribunal Act Decides issues and disputes
(1986) that involves the regulations of the
Competition Act, but not labour issues
2-10
Trang 12
© 2003 McGrawHill Ryerson Limited
Solve the Dilemma
a What were some of the legal issues between
R.E.M. and Hershey Foods?
b How do you think this dispute should have
been resolved?
c What could Hershey Foods do in the future
to avoid legal problems like the R.E.M.
dispute?
2-11
Trang 13What are some career opportunities in the legal profession?
2-12
Trang 14
© 2003 McGrawHill Ryerson Limited
Additional Discussion Questions and Exercises
1 What are the functions of the Competition Tribunal?
2 What is the purpose of the Sale of Goods Acts?
3 The main remedy for business disputes is a lawsuit.
What other resolution methods are possible?
2-13
Trang 152-14 1 Regulations passed by provincial and federal agencies are considered
to be which type of law?
a administrative law
b common law
c constitutional law
d statutory law
2 Which of the following is an example of intellectual property?
a land
b software designs
c automobiles
d inventory