Chapter 1 Flashcards
Why do we need law: What three things does the law protect?
People, property, and society.
Why do we need law: Who does the law give power to, and for what?
The gov’t; act for benefit of society.
Why do we need law: What does the law regulate? Give an example.
Interactions and relationships between individuals. Enables us to make legally binding agreements enforceable in court.
Most laws naturally evolve from…
Basic moral principles most people agree with..
Rule of law:
Legal principles under which everyone is treated equally, and which the gov’t must also abide by.
Public law:
law regulating government conduct and rs. between government and private individuals
Private law:
law regulating rs. between private entities
Compare natural law and legal positivism.
Natural law: unspoken rules (religious or moral) vs legal positivism (a law is a law once it is codified, and thus should be followed).
Criminal liability:
Responsibility from offence against gov’t or society.
Quasi-criminal or regulatory liability (also who enforced them and what are the consequences):
Responsibility from breach of less serious public law offences. Usually enforced through special tribunals , and offenders are often fined.
Civil liability (enforced through?):
Responsibility from breach of private law; enforced through a lawsuit.
What two characteristics of law are critical to know the “rules of the game?”
Predictability (consistency) and reliability.
What is black-letter law?
A set of universally applied rules that are applied mechanically and are rarely subject to debate.
Legal risk:
Any actions by a business that expose it to liability.
Legal risk management plan:
A plan to identify, prevent, and eliminate any legal risks in a company.
What is the first step of developing a legal risk management plan?
Undertake a legal audit.
What is the second step of developing a legal risk management plan?
Prioritize any risks.
What is the third step of developing a legal risk management plan?
Develop strategies to deal with risks.
What is the fourth step of developing a legal risk management plan?
Implement the plan and revise it regularly.
What are the four strategies to manage legal risks (hint: think of the cup of water on an airplane in bad weather)?
Avoid, reduce, absorb (self-insurance), transfer
Solicitor-client privilege:
Client’s right to keep communications with lawyer confidential.
Retainer:
Contract between lawyer and client showing the work that will be done, and the fee that will be charged.
Corporate social responsibility:
Suggests that business decision-makers consider ethical issues in additional to financial and legal concerns.
Basic law:
The constitution; the binding legal principles for the citizens of a country.
Statutes:
Legislation passed by gov’t.
Regulations:
Administrative rules authorized by a statute and implemented by gov’t.
Case law
Legal cases developed by courts that shape the law and set precedents to future cases.
What are the two levels of gov’t?
Provincial and federal.
What act gives each level of gov’t independent authority.
Constitution Act, 1867.
Ultra vires
An act is outside the jurisdiction of the legislature and is considered invalid.
Human rights:
Recognized entitlements that encompasses basic freedoms and human necessity.
What is Section 52 (1) of the constitution?
The supreme law of Canada. Any law inconsistent with its provisions is invalid to the extent of the inconsistency.
What is the notwithstanding clause (Section 33)?
Allows a legislature to override certain sections of the charter, and expires after 5 years unless re-enacted (sunset clause).
Are any of the charter rights absolute?
No; they are subject to justifiably reasonable limits.
Burden (give an example):
When a party is required to prove its case by establishing facts and law e.g. the gov’t must prove that an infringement of a charter right is justifiable.
Who does the Charter mostly apply to?
It mostly applies to governments and their respective activities.
What are the three ways to challenge the validity of a statute?
i) ultra vires, ii) violates the Charter iii) legislative interpretation is incorrect and does not apply
