Chapter 1: Risk Management and Sources of Law

Question 1

Risk Management

Answer 1

The process of identifying, evaluating, and responding to the possibility of harmful events.

Question 2

Liability

Answer 2

Risk of being held legally responsible.

Question 3

Law

Answer 3

A rule that can be enforced by the courts.

Question 4

Civil Law

Answer 4

Systems that trace their history to ancient Rome.

Question 5

A Jurisdiction

Answer 5

A geographical area that uses the same set of laws.

Question 6

Common Law

Answer 6

Systems that trace their history to England.

Question 7

Public Law

Answer 7

Law that is concerned with governments and the ways in which they deal with their citizens.

Question 8

Public law includes:

Answer 8

• Constitutional law.
• Administrative law.
• Criminal law.
• Tax law.

Question 9

Constitutional Law

Answer 9

Provides the basic rules of our political and legal systems.

Question 10

Administrative Law

Answer 10

Concerned with the creation and operation of administrative agencies, boards, commissions, and tribunals.

Question 11

Criminal Law

Answer 11

Deals with offences against the state.

Question 12

White Collar Crime

Answer 12

Committed by people in suits.

Question 13

Corporate Crime

Answer 13

For example, when a used car company rolls back odometers.

Question 14

Tax Law

Answer 14

Concerned with the rules that are used to collect money for public spending.

Question 15

Private Law

Answer 15

Concerned with the rules that apply in private matters.

Question 16

3 divisions in private law:

Answer 16

1. Torts.
2. Contracts.
3. Property.

Question 17

Tort

Answer 17

A private wrong.

Question 18

3 divisions in torts:

Answer 18

1. Intentional torts.
2. Business torts.
3. Negligence.

Question 19

The Law of Contracts

Answer 19

Concerned with the creation and enforcement of agreements.

Question 20

The law of contracts includes:

Answer 20

1. Sale of goods.
2. Use of negotiable instruments.
3. Real estate transactions.
4. Operation of corporations.
5. Employment.

Question 21

The Law of Property

Answer 21

Concerned with the acquisition, use, and disposition of property.

Question 22

3 divisions in the law of property:

Answer 22

1. Real property.
2. Personal property.
3. Intellectual property.

Question 23

Law of Succession

Answer 23

Distribution of property after death.

Question 24

Law of Trusts

Answer 24

Situation in which one person holds property on behalf of another.

Question 25

3 sources of law:

Answer 25

1. The Constitution. 2. Legislation. 3. The courts.

Question 26

The Constitution

Answer 26

The document that creates the basic rules for Canadian society, including its political and legal systems.

Question 27

2 significant consequence of the Constitution:

Answer 27

1. Every other law must be compatible with it (it is supreme). 2. Very difficult to change (amendments).

Question 28

Federal Country

Answer 28

Has two levels of government.

Question 29

Division of Powers

Answer 29

States the areas in which each level of government can act.

Question 30

Residual Power

Answer 30

Gives the federal government authority over everything that is not specifically mentioned.

Question 31

Ultra Vires

Answer 31

Beyond the power. When a government tries to create a law outside its own area.

Question 32

Doctrine of Federal Paramountcy

Answer 32

Determines which law is pre-eminent based on the Constitution's division of powers.

Question 33

In case of conflict, which laws prevail? Federal or provincial?

Answer 33

Federal.

Question 34

Property Rights

Answer 34

The rights to own and enjoy assets.

Question 35

Economic Rights

Answer 35

The rights to carry on business activities.

Question 36

Does the Charter include property rights or economic rights?

Answer 36

No.

Question 37

Does the Charter govern disputes involving private parties?

Answer 37

No.

Question 38

Declaration

Answer 38

Court simply declares the Charter has been violated.

Question 39

Injunction

Answer 39

Requires the government to address the problem in a certain way.

Question 40

Striking Doen

Answer 40

Eliminate a statute that violates the Charter.

Question 41

Severance

Answer 41

Cutting out a part of the Charter.

Question 42

Reading Down

Answer 42

Making it more specific.

Question 43

Reading In

Answer 43

Making it broader.

Question 44

Damages

Answer 44

Compensates for a plaintiff's loss, the same as in a private lawsuit.

Question 45

Parliamentary Supremacy

Answer 45

While judges are required to interpret constitution and statutory documents, they must also obey them.

Question 46

Legislation

Answer 46

Law that is created by Parliament of a legislature.

Question 47

When is a bill discussed in parliament?

Answer 47

Second reading.

Question 48

When a bill passes the third reading, is it law?

Answer 48

No, it must receive royal assent.

Question 49

Subordinate Legislation

Answer 49

The term given to regulations that are created with the authority of Parliament or the legislature.

Question 50

A Municipality

Answer 50

A town or city.

Question 51

By-Law

Answer 51

A type of subordinate legislation that is created by a municipality.

Question 52

Common law can refer to...

Answer 52

A system of law, a source of law, or a type of court.

Question 53

What is common law as a system of law?

Answer 53

Refers to legal systems that can be traced back to England.

Question 54

What is common law as a source of law?

Answer 54

Rules that are created by judges rather than by legislators or the drafters of the Constitution.

Question 55

What is common law as a type of court?

Answer 55

Derived from the courts of equity.

Question 56

Court of Laws

Answer 56

Original type of court, where the strict letter of the law was applied.

Question 57

Court of Equity

Answer 57

Courts to which plaintiffs asked the king for relief.

Question 58

Equity

Answer 58

In a general sense, fairness.

Question 59

Trust

Answer 59

Exists anytime that one person owns property for the benefit of another.

Question 60

Express Trust

Answer 60

Created when the settlor transfers property to a trustee to hold on behalf of the beneficiary.

Question 61

In an express trust, who legally owns the property:

Answer 61

The trustee.

Question 62

In an express trust, who is the equitable owner of the property?

Answer 62

The beneficiary.