Chapter 1

Question 1

Why do we need law: What three things does the law protect?

Answer 1

People, property, and society.

Question 2

Why do we need law: Who does the law give power to, and for what?

Answer 2

The gov’t; act for benefit of society.

Question 3

Why do we need law: What does the law regulate? Give an example.

Answer 3

Interactions and relationships between individuals. Enables us to make legally binding agreements enforceable in court.

Question 4

Most laws naturally evolve from…

Answer 4

Basic moral principles most people agree with..

Question 5

Rule of law:

Answer 5

Legal principles under which everyone is treated equally, and which the gov’t must also abide by.

Question 6

Public law:

Answer 6

law regulating government conduct and rs. between government and private individuals

Question 7

Private law:

Answer 7

law regulating rs. between private entities

Question 8

Compare natural law and legal positivism.

Answer 8

Natural law: unspoken rules (religious or moral) vs legal positivism (a law is a law once it is codified, and thus should be followed).

Question 9

Criminal liability:

Answer 9

Responsibility from offence against gov’t or society.

Question 10

Quasi-criminal or regulatory liability (also who enforced them and what are the consequences):

Answer 10

Responsibility from breach of less serious public law offences. Usually enforced through special tribunals , and offenders are often fined.

Question 11

Civil liability (enforced through?):

Answer 11

Responsibility from breach of private law; enforced through a lawsuit.

Question 12

What two characteristics of law are critical to know the “rules of the game?”

Answer 12

Predictability (consistency) and reliability.

Question 13

What is black-letter law?

Answer 13

A set of universally applied rules that are applied mechanically and are rarely subject to debate.

Question 14

Legal risk:

Answer 14

Any actions by a business that expose it to liability.

Question 15

Legal risk management plan:

Answer 15

A plan to identify, prevent, and eliminate any legal risks in a company.

Question 16

What is the first step of developing a legal risk management plan?

Answer 16

Undertake a legal audit.

Question 17

What is the second step of developing a legal risk management plan?

Answer 17

Prioritize any risks.

Question 18

What is the third step of developing a legal risk management plan?

Answer 18

Develop strategies to deal with risks.

Question 19

What is the fourth step of developing a legal risk management plan?

Answer 19

Implement the plan and revise it regularly.

Question 20

What are the four strategies to manage legal risks (hint: think of the cup of water on an airplane in bad weather)?

Answer 20

Avoid, reduce, absorb (self-insurance), transfer

Question 21

Solicitor-client privilege:

Answer 21

Client’s right to keep communications with lawyer confidential.

Question 22

Retainer:

Answer 22

Contract between lawyer and client showing the work that will be done, and the fee that will be charged.

Question 23

Corporate social responsibility:

Answer 23

Suggests that business decision-makers consider ethical issues in additional to financial and legal concerns.

Question 24

Basic law:

Answer 24

The constitution; the binding legal principles for the citizens of a country.

Question 25

Statutes:

Answer 25

Legislation passed by gov’t.

Question 26

Regulations:

Answer 26

Administrative rules authorized by a statute and implemented by gov’t.

Question 27

Case law

Answer 27

Legal cases developed by courts that shape the law and set precedents to future cases.

Question 28

What are the two levels of gov’t?

Answer 28

Provincial and federal.

Question 29

What act gives each level of gov’t independent authority.

Answer 29

Constitution Act, 1867.

Question 30

Ultra vires

Answer 30

An act is outside the jurisdiction of the legislature and is considered invalid.

Question 31

Human rights:

Answer 31

Recognized entitlements that encompasses basic freedoms and human necessity.

Question 32

What is Section 52 (1) of the constitution?

Answer 32

The supreme law of Canada. Any law inconsistent with its provisions is invalid to the extent of the inconsistency.

Question 33

What is the notwithstanding clause (Section 33)?

Answer 33

Allows a legislature to override certain sections of the charter, and expires after 5 years unless re-enacted (sunset clause).

Question 34

Are any of the charter rights absolute?

Answer 34

No; they are subject to justifiably reasonable limits.

Question 35

Burden (give an example):

Answer 35

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.

Question 36

Who does the Charter mostly apply to?

Answer 36

It mostly applies to governments and their respective activities.

Question 37

What are the three ways to challenge the validity of a statute?

Answer 37

i) ultra vires, ii) violates the Charter iii) legislative interpretation is incorrect and does not apply