Contemporary Canadian Business Law 12th Edition by John A Willes solution manual
How does a legislature establish a new law? Explain the procedure.
Answer: The usual process is as follows:
A bill (essentially a proposed law) is presented to a legislative body (Parliament or provincial legislature).
A motion is made (and passed) to have the bill 'read' a first time.
The bill is then printed and circulated to the members to study.
The bill is later brought forward for debate (second reading) in principle.
If the bill passes the second reading stage, it is sent to a Committee for study and amendment on a clause by clause basis.
Once passed by the Committee, the bill is reported in final form by the Chair of the Committee for a third reading.
The bill is then debated for a final time by way of a motion to have the bill read a third time.
If passed by a majority vote, the bill at the federal level goes to the Senate where a similar process is followed.
Once a bill has been passed by the House of Commons and Senate (or a provincial legislature) it goes to the Governor-General (or Lieutenant-Governor, if provincial) for royal assent.
The bill becomes a law on receipt of royal assent, and effective as a law when proclaimed in force.
Define substantive law, and explain how it differs from procedural law.
Answer: Substantive law ‑ law which sets out the rights and duties of individuals and corporations. Procedural law ‑ law which set out the procedure whereby substantive laws are enforced.
Describe the difference between the Common Law and the Civil Code of the Province of Quebec. What are the relative merits of each system?
Answer: Common Law consists of the recorded judgment of the courts. The civil code is a written body of law. Merits of civil code: laws are written down and may be consulted to determine what the law is. The law can be changed by statute amendment and kept up to date by the legislature if change is warranted. Merits of Common Law: flexible, as judges may change it through interpretation, or by distinguishing the case at hand from the precedent. Adaptable to changing social attitudes.
"The supremacy of the state was reached when it managed to exercise a sufficient degree of control over the individual to compel him or her to use the state judicial system rather than vengeance to settle differences with others." Why was it necessary for the state to require this of the individual?
Answer: When the state lacked the power to control its citizens, individuals used their own means to resolve disputes, as it was the only method whereby a person could obtain redress. Vengeance, however, often disrupted the entire community, and affected others not involved in the dispute. Once the state had the power to compel citizens to obey its decrees, it could substitute orderly procedures for settlement which caused less disruption to the community than vengeance.
How does a "regulation" made under a statute differ from other "laws"?
Answer: A regulation under a statute is a rule that is made to enable an administrative tribunal to carry out duties assigned to it under a statute. Regulations govern the activities of administrative agencies or boards, and are often administered by them. Regulations are subordinate to statutes, but in application, have much the same effect on persons who engage in activities subject to the regulations.
Explain how the enforcement of a public law differs from the enforcement of rights under private law.
Answer: Public laws are enforced by the Crown against the individual. Private law rights are enforced by individuals against other individuals.
The Canadian Charter of Rights and Freedoms has been described as being "supreme" law, or law which is "entrenched." Why, or in what sense is this the case?
Answer: The Charter is "supreme law" in the sense that it overrides all other federal and provincial laws, and all such laws must not conflict with it, except as permitted. It is "entrenched" in the sense that it is difficult to change.