Chapter 1

Question 1

Legal risk management plan?

Answer 1

A plan that allows businesses to take action and prevent and or reduce loss. This is by by 1. Identify the legal risks 2. Evaluate the legal risks 3. Manage the legal risk by devising and implementing a legal risk strategy. 4.review and revise the strategy

Question 2

What are the 4 main ways to manage legal risk?

Answer 2

1. Risk avoidance 2. Risk transfer (such as contracting work to others, which transfer liability and risk) 3. Risk reduction 4. Risk retention ( take the risk if it is better to instead of transferring it or avoiding it)

Question 3

What distinguishes law from other rules?

Answer 3

Enforcement via the authority of the state; courts and government agencies have the power go enforce the law

Question 4

What two legal systems are incorporated in the Canadian constitution?

Answer 4

English common law, and European Civil law. With influence from indigenous law systems as well.

Question 5

What is the rule of law?

Answer 5

The legal principle that everyone and everything has equal rights and are not above the law itself

Question 6

What is jurisdiction?

Answer 6

The authority to enforce or make the law in one’s respective area of governce

Question 7

What is the constitution?

Answer 7

The Supreme law that establishes the basis in which all other laws are created. It also establishes the extent and limits of government authority, as well as the framework in which all laws must conform too.

Question 8

What is the civil law system? (Aka private law)

Answer 8

The system of law where all rules are made in statue, and courts lack authority to act without a statute; judges act independently and can interpret statutes without the worry of precedent.

Question 9

What is common law?

Answer 9

The system of law that recognizes court decisions with the same force of law as Statutes. Basically, Statutes are what the courts interpret them to mean, and the courts have the authority to make law where no Statutes exist, this creating precedent.

Question 10

What is Stare Decisis? (Aka the doctrine of precedent)

Answer 10

The principle that requires judges to follow decisions of higher courts in similar cases

Question 11

Where is law found ?

Answer 11

Within the constitution, statues, regulations, by-laws, and in common law.

Question 12

What are the two main documents within the constitution?

Answer 12

The constitution act 1867, and the constitution act 1982. The 1982 act contains the charter of rights and freedoms

Question 13

Within in thr constitution, what documents are found ?

Answer 13

Statutes, judicial decisions that interpret these doucments, and unwritten rules called constitutional conventions

Question 14

What is the federal system of government ?

Answer 14

The system whereby law making powers are divided between the federal and provincal governments according to subject matter

Question 15

What three branches of government does the constitution establish?

Answer 15

The legislative, executive, and judicial branches. Of which, these branches work at both federal and provincal levels

Question 16

What is the legislative branch of government?

Answer 16

They introduce, vote on, and pass legislation (statutes) and are made up of Parliament (federally elected by the country) or legislative assemblies (provincally elected by the province) Statues are their source of law

Question 17

What is the executive branch?

Answer 17

They administer the day to day business of government. Federally, this branch is made up of the PM, cabinet, and each departments civil servants. Provincally, it is made up of the premier, cabinet, and department civil servants. Source of law is regulations

Question 18

What is the judicial branch ?

Answer 18

They are made up of federally and provincally appointed judges. Source of law is case law

Question 19

What areas does the federal government control via powers laid out in the 1867 constitution act?

Answer 19

Citizenship, criminal law, national defense, banking, printing of money, postal services, taxes, intellectual property, shipping, and interprovincial trade.

Question 20

What powers are afforded to the provinces via the Constitution Act 1867?

Answer 20

Education, Hospital admin, administration of justice, social services, property rights, natural resources, and direct taxation. The province also controls incorporation, real estate, sale of goods, business licenses, and employment

Question 21

What is concurrent jurisdiction?

Answer 21

When both the federal and provincal government share power over a area. For example, agriculture and the environment.

Question 22

What is the doctrine of paramountcy?

Answer 22

The rule that establishes that where a conflict between federal and Provincal laws occurs, the federal govnerment law will prevail

Question 23

Which branch of government interacts with business the most?

Answer 23

The executive branch

Question 24

What are regulations?

Answer 24

Rules created by the executive branch of government that have the force of law

Question 25

What does the executive branch of government actually do?

Answer 25

At both levels of government, the executive branch are responsible for implementing and enforcing laws made by the legislative branch

Question 26

What does the judicial branch do?

Answer 26

Courts at both levels of government are responsible for interpreting and applying the law passed by the legislative branch. They are also responsible for determining that laws are valid within the authority of the constitution

Question 27

What does judiciary mean?

Answer 27

A collective term for judges

Question 28

What is Ultra Vires?

Answer 28

This rule is when a law is found unconstitutional by the judiciary, and thus has no effect or force in law. The judges will then strike it down.

Question 29

What is parliamentary supremacy ?

Answer 29

The constitutional convention that holds that the legislative branch of government is supreme over the other branches, thus allowing for new legislation to override judge made law (common law)

Question 30

What is substantive law?

Answer 30

Any and all laws that set out the rights and obligations of individuals. For example, speed limits are obligatory to be followed by drivers.

Question 31

What is procedural Law?

Answer 31

Procedural law is the set of rules that govern how substantive law should be enforced. For example, if someone breaks the speed limit, there is a process that must be followed before they can be convicted of speeding; a ticket must be given, the person must be able to challenge it etc.

Question 32

What is public law?

Answer 32

All areas of law that concern itself between the people as a whole and the government; tax law, criminal law, administrative law etc.

Question 33

What is private law?

Answer 33

The law that concerns itself with relationships between persons, including corporations, where there is no government involvement.

Question 34

What is a tort?

Answer 34

A civil wrong, other then breach of contract, for which damages may be sought to compensate for any harm or injury sustained.

Question 35

What is civil law?

Answer 35

Civil law and private law can be used interchangeably. It’s concerned with private relations of individual. However, Civil law and the Civil law system quebec uses a not the same.

Question 36

What is criminal law?

Answer 36

Rules established by the federal government that govern the standard of acceptable behavior in society. Breaching these results in fines or imprisonment

Question 37

What is a regulatory offense?

Answer 37

Regulatory offenses are seen as “quasi criminal”, as while provinces can not make criminal law themselves, these offenses still result in fines or imprisonment; fishing without a license for example. Note, these offenses do not result in a criminal record

Question 38

What is a plaintiff?

Answer 38

The plaintiff is used to refer to someone whom seeks to sue another; this term is only used in lawsuits. The person being sued is called the defendant.

Question 39

What is balance of probabilities ?

Answer 39

The standard of proof in civil law indicating thst one version of events if more likely than another (as opposed to criminal law, which it is called beyond a reasonable doubt)

Question 40

What is administrative law?

Answer 40

The body of law that is concerned with the regulation of business and government activities; including rules applied to government agencies. For example, provincial alcohol commissions grant licenses to bars and restaurants.

Question 41

What is a administrative agency?

Answer 41

Government bodies that are established via legislation to regulate or oversee a specific area that requires special knowledge

Question 42

What is a administrative tribunal?

Answer 42

Any government body, even if it has a different name, that has decision making functions. Note, these bodies only have power regarding administrative matters, and must be authorized to use its power by legislation or regulations

Question 43

What is “ rules of natural justice “? Aka procedural fairness

Answer 43

The principle encompassing the right to be heard, the right to hear the case against you, the right to reply to said case, and the right to an unbiased decision maker

Question 44

What is a judicial review ?

Answer 44

The process in which a court reviews the decision of an administrative tribunal