Mark gregory yamane

46687

BUS501 Business Law B

1Why is it difficult to came up with a satisfactory definition of law?

It is difficult to came up with a definition because there are so many different perspectives on
law is. law has been defined in moral terms where only good rules are considered law natural law
theorists. Others define it as only those of authority who enact rues qualify as law. the way law is
defined also affects the way that the law develops in society
2 where do we look to predict the outcome of legal dispute:

A in common law system

system is justice called stare desists was developed meaning following precedent to
predict output we can look back cases at similar cases and assume a similar verdict from the past
experiences however this is limited to jurisdictions. a case in Alberta must follow precedent from
Alberta cases
b in a civil law system

there is less consistency in the civil law system although many rulings are still based on
similar past case. the civil code states that parties shall conduct themselves in good faith both at
the same time the obligations are created and at time it is performed or extinguished. this means
that fair treatment takes priority over previous similar situations
8 explain what is meant by the phrase the supremacy of parliament

The parliament can make and unmake any laws as they see fit. It also means that as long as the
parliament has his power the exercise of that power cannot be challenge
11 using the principal stare decisis explain how judges determine whether they are bound by another
judge decision in a similar case

Judges determine whether they are bound by another judge’s decision based on how similar the
previous case was. The more similar. less differences and the less flexible the judge have in this
case. Another factor is if there were any statues /regulations created since the previous case that
could alter decisions of the trial.
13 explain what is meant by the doctrine of paramountcy. When does the doctrine apply?

This doctrine states that when there is a conflict between federal and provincial laws , the federal
government law will prevail and the provincial law will be void to the extent that it conflicts with the
federal law