Chapter 1

Question 1

Employment

Answer 1

An organizational form through which a person (employee) sells his or her labour power to a buyer of labour (employer) in exchange for value and in which the relationship is governed by an employment contract

Question 2

Contract

Answer 2

A legally binding agreement consisting of reciprocal promises between two or more parties

Question 3

employment contract

Answer 3

A contract between an employer and an individual employee that defines the conditions under which the employee will provide labour to the employer in exchange for a monetary benefit (wages, salary), and sometimes other benefits (e . g . , health benefits) . An employment contract may be written or oral

Question 4

Common Law

Answer 4

A system of judge-made rules originating in England around the 12th century, and inherited by Canada as a British colony, that uses a precedent-based approach to case law . Earlier decisions dealing with similar facts or legal issues guide later decisions in an attempt to create legal predictability . However, common law rules can and often do evolve as social values change

Question 5

breach of contract

Answer 5

Occurs when a party to a contract violates one or more terms of a legally binding contract

Question 6

distinguish

Answer 6

To explain how a prior legal decision dealt with facts or legal issues that are different from the facts or issues in the current case

Question 7

precedent

Answer 7

An earlier decision by a judge that dealt with the same, or very similar, facts and legal issues as those before a judge in the current case

Question 8

stare decisis

Answer 8

A Latin term meaning “to stand by a previous decision . ” It is a guiding principle in the common law regime

Question 9

jurisdiction

Answer 9

The scope of authority over which a government, court, or expert administrative power has the power to govern

Question 10

binding precedent (or binding decision)

Answer 10

An earlier decision by a court of higher ranking dealing with the same legal issue in a case that comes before a lower court judge . The lower court judge is required to apply the same reasoning and legal test applied by the higher court

Question 11

Tort

Answer 11

A type of wrongful act done by one person to another (or to another’s property) that judges have recognized as legally actionable . Examples are nuisance , trespass , negligence , and conspiracy .

Question 12

Statute

Answer 12

A law, or legislation, produced by a government that includes rules that regulate the conduct of business and people . An example is the Ontario Employment Standards Act, 2000

Question 13

injunction

Answer 13

A legal order issued by a judge prohibiting a person from engaging in a particular course of action, such as breaching a contract, committing a tort, or violating a statute

Question 14

Regulations

Answer 14

Government-made detailed rules introduced as a supplement to, and pursuant to authority created in, a statute . For example, the Ontario Employment Standards Act, 2000 requires that employers pay at least “the prescribed minimum wage,” but does not say what that wage rate is . That Act gives the government the right to introduce regulations (in s . 144), and one regulation (O . Reg . 285/01) sets out the precise amount of the minimum wage

Question 15

protective standards regulation:

Answer 15

Government regulation designed primarily to protect employees by imposing mandatory standards, such as minimum contract requirements and safety rules