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Cost Accounting > BLAW > Flashcards

BLAW Flashcards

1
Q

Constitutional Law

A

the supreme law of Canada that constrains and controls how the branches of government exercise power

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2
Q

Canadian Legal System

A

the machinery that comprises and governs the legislative, executive and judicial branches of government

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3
Q

Constitutional Conventions

A

important rules that are not enforceable by a court of law but that practically determine how a given power is exercised by the government

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4
Q

Legislative branch

A

the branch of government that creates statute law

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5
Q

statute law

A

formal, written laws created or enacted by the legislative branch of government

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6
Q

Jurisdiction

A

the power that a given level of gov’t has to enact laws

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7
Q

exclusive jurisdiction

A

jurisdiction that one level of gov’t holds exclusively on its own

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8
Q

concurrent jurisdiction

A

jurisdiction that is shared between levels of gov’t

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9
Q

Paramountcy

A

a doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws.

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10
Q

Ratify

A

to authorize or approve

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11
Q

Treaty

A

an agreement between two or more states that is governed by international law

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12
Q

bylaws

A

laws made by municipal gov’t.

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13
Q

formal executive

A

queen, lg, gg.Responsible for ceremonial features of gov’t

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14
Q

political executive

A

responsible for day 2 day running of operations. formulating and executing gov’t policy, as well as administering all departments of gov’t

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15
Q

cabinet

A

made up of the PM, P and cabinet ministers

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16
Q

regulations

A

rules created by the political executive that have the force of law

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17
Q

judiciary

A

a collective reference to judges

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18
Q

judges

A

appointed federally or provincially to adjudicate on a variety of disputes as well as preside over criminal proceedings

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19
Q

inferior court

A

a court with limited financial jurisdiction whose judges are appointed by the provincial gov’t

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20
Q

small claims court

A

a court that deals with claims up to $50,000.

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21
Q

superior court

A

a court with unlimited financial jurisdiction whose judges are appointed federally

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22
Q

supreme court of canada

A

the final court of appeals in the country

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23
Q

federal court of canada

A

court that deals with some types of litigation involving federal gov’t.

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24
Q

Canadian Charter of Rights and Freedoms

A

a guarantee of specific rights and freedoms enshrined in the constitution and enforceable by the judiciary

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25
Q

bill

A

a proposed legislation

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26
Q

royal prerogative

A

historical rights and privileges of the crown, including the right to conduct foreign affairs and to declare war

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27
Q

common law

A

judge-made law

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28
Q

precedent

A

an earlier case used to resolve a current case my its similarity

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29
Q

equity

A

rules that focus on what would be fair given the specific circumstances of the case, as opposed to what the strict rules of common law might dictate

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30
Q

Domestic Law

A

the internal law of a given country, which includes both statute and case law

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31
Q

International Law

A

law that governs relations between states and other entities with international legal status

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32
Q

Substantive law

A

law that defines rights, obligations and duties

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33
Q

Procedural Law

A

law that governs the procedure to enforce ROD

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34
Q

Public law

A

areas of law that relate to or regulate the relationship between persons and the gov’t at all levels ie: Criminal, Tax, constitutional, administrative

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35
Q

Private law

A

areas of law that concern dealings between persons ie: contract, tort, property and company

36
Q

Civil code of Law

A

Quebec’s private law - don’t need to use precendent. Neopolian beginning.

37
Q

Administrative law

A

rules created and applied by those having governmental powers. Rules created by various boards, agencies commissions and tribunals.

38
Q

ADR

A

alternative dispute resolution. A range of options for resolving disputes as an alternative to litigation

39
Q

Negotiation

A

a process of deliberation and discussion intended to reach a mutually acceptable resolution to a dispute

40
Q

Mediator

A

a person who helps the parties resolve their dispute

41
Q

Arbitrator

A

a person who listens to the parties to a dispute and makes a ruling that is usually binding on the parties

42
Q

Binding

A

final and enforceable

43
Q

Limitation Period

A

the time period specified by legislation for commencing legal action

44
Q

class action

A

a lawsuit launched by one person who represents a class of person’s having similar claims against the same defendant

45
Q

Pleadings

A

the formal documents concerning the basis for a lawsuit

46
Q

claim

A

the formal document that initiates litigation by setting out the PL.s allegations against the Def.

47
Q

defence

A

the Def’s formal response to the Pl’s allegations

48
Q

counterclaim

A

a claim by the Def, against the Pl.

49
Q

discovery

A

the process of disclosing evidence to support to claims in a lawsuit

50
Q

Trial

A

a formal hearing before a judge that results in a binding decision

51
Q

Burden of Proof

A

the obligation of the Pl. to prove its case

52
Q

Evidence

A

proof presented in court to support a claim

53
Q

Decision

A

the judgement of the court that specifies which party is successful and why

54
Q

costs

A

legal expenses that a judger orders the loser to pay the winner

55
Q

Judgment debtor

A

the party ordered by the court to pay a specified amount to the winner of the lawsuit

56
Q

Appeal

A

the process of arguing to a higher court that a court decision is wrong

57
Q

Apellant

A

the party who begins or files the appeal

58
Q

respondent

A

the party against whom an appeal is filed

59
Q

Contingency Fee

A

a fee based on a % of the judgement awarded, and paid by the client to the lawyer only if the action is successful

60
Q

Tort

A

a harm caused by one person to another, other than through breach of contract, and for which the law provides a remedy

61
Q

trespass to land

A

wrongful interference with someone’s possession of land

62
Q

deceit or fraud

A

a false representation intentionally or recklessly made by one person to another that causes damage

63
Q

negligence

A

unreasonable conduct including a careless act or omission, that causes harm to another.

64
Q

Tort-feasor

A

person who commits a tort

65
Q

Intentional tort

A

a harmful act that is committed on purpose

66
Q

assualt

A

the threat of imminent physical harm

67
Q

Battery

A

intentional infliction of harmful or offensive physical contact

68
Q

Vicarious liability

A

liability an employer has for the acts of its employees

69
Q

joint tort feasor

A

two or more people whom a court has held to be jointly responsible for the Pl’s loss or injuries

70
Q

Contributory negligence

A

a defence claiming that the Pl is at least partially responsible for the harm that has occured

71
Q

Non-pecuniary damages

A

compensation for pain and suffering, loss of enjoyment of life, loss of life expectancy

72
Q

Pecuniary damages

A

Monetary compensation for out of pocket expenses, loss of future income and cost of future care

73
Q

Punitive damages

A

an award to the Pl to punish the Def for malicious, oppressive, and high-handed conduct

74
Q

Aggravated damages

A

compensation for intangible injuries such as distress and humiliation caused by the Def’s reprehensible conduct

75
Q

Reasonable care

A

the care a reasonable person would exhibit in a similar situation

76
Q

Duty of Care

A

responsibility owed to avoid carelessness that causes harm to others

77
Q

Neighbour

A

anyone who might reasonably be affected by the Def’s conduct

78
Q

Prima facie

A

at first sight or on first appearances

79
Q

Reasonable person

A

the standard used to judge whether a person’s conduct in a particular situation is negligent

80
Q

causation

A

the relationship that exists between the def’s conduct and the Pl’s loss or injury

81
Q

Remoteness of damage

A

the absence of a sufficiently close relationship between the Def’s action and the Pl’s injury

82
Q

Thin skull rule

A

Def is liable for the full extent of the Pl’s injury even if there was a prior vulnerability of the Pl’s that makes the harm much more serious than it otherwise would have been

83
Q

Voluntary assumption of risk

A

the defence that no liability exists as the pl agreed to accept the risks and legal ramifications of the activity

84
Q

Negligent misstatement or negligent misrepresentation

A

an incorrect statement made carelessly

85
Q

professional

A

someone engaged in an occupation requiring the exercise of special knowledge, education and skill

86
Q

Product liability

A

liability relating to the design, manufacture, or sale of the product

87
Q

Strict liability

A

the principle that liability will be imposed irrespective of proof of negligence

Cost Accounting (3 decks)

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