Chapter 1: Risk Management and Sources of Law Flashcards
Risk Management
The process of identifying, evaluating, and responding to the possibility of harmful events.
Liability
Risk of being held legally responsible.
Law
A rule that can be enforced by the courts.
Civil Law
Systems that trace their history to ancient Rome.
A Jurisdiction
A geographical area that uses the same set of laws.
Common Law
Systems that trace their history to England.
Public Law
Law that is concerned with governments and the ways in which they deal with their citizens.
Public law includes:
- Constitutional law.
- Administrative law.
- Criminal law.
- Tax law.
Constitutional Law
Provides the basic rules of our political and legal systems.
Administrative Law
Concerned with the creation and operation of administrative agencies, boards, commissions, and tribunals.
Criminal Law
Deals with offences against the state.
White Collar Crime
Committed by people in suits.
Corporate Crime
For example, when a used car company rolls back odometers.
Tax Law
Concerned with the rules that are used to collect money for public spending.
Private Law
Concerned with the rules that apply in private matters.
3 divisions in private law:
- Torts.
- Contracts.
- Property.
Tort
A private wrong.
3 divisions in torts:
- Intentional torts.
- Business torts.
- Negligence.
The Law of Contracts
Concerned with the creation and enforcement of agreements.
The law of contracts includes:
- Sale of goods.
- Use of negotiable instruments.
- Real estate transactions.
- Operation of corporations.
- Employment.
The Law of Property
Concerned with the acquisition, use, and disposition of property.
3 divisions in the law of property:
- Real property.
- Personal property.
- Intellectual property.
Law of Succession
Distribution of property after death.
Law of Trusts
Situation in which one person holds property on behalf of another.
3 sources of law:
- The Constitution.
- Legislation.
- The courts.
The Constitution
The document that creates the basic rules for Canadian society, including its political and legal systems.
2 significant consequence of the Constitution:
- Every other law must be compatible with it (it is supreme).
- Very difficult to change (amendments).
Federal Country
Has two levels of government.
Division of Powers
States the areas in which each level of government can act.
Residual Power
Gives the federal government authority over everything that is not specifically mentioned.
Ultra Vires
Beyond the power. When a government tries to create a law outside its own area.
Doctrine of Federal Paramountcy
Determines which law is pre-eminent based on the Constitution’s division of powers.
In case of conflict, which laws prevail? Federal or provincial?
Federal.
Property Rights
The rights to own and enjoy assets.
Economic Rights
The rights to carry on business activities.
Does the Charter include property rights or economic rights?
No.
Does the Charter govern disputes involving private parties?
No.
Declaration
Court simply declares the Charter has been violated.
Injunction
Requires the government to address the problem in a certain way.
Striking Doen
Eliminate a statute that violates the Charter.
Severance
Cutting out a part of the Charter.
Reading Down
Making it more specific.
Reading In
Making it broader.
Damages
Compensates for a plaintiff’s loss, the same as in a private lawsuit.
Parliamentary Supremacy
While judges are required to interpret constitution and statutory documents, they must also obey them.
Legislation
Law that is created by Parliament of a legislature.
When is a bill discussed in parliament?
Second reading.
When a bill passes the third reading, is it law?
No, it must receive royal assent.
Subordinate Legislation
The term given to regulations that are created with the authority of Parliament or the legislature.
A Municipality
A town or city.
By-Law
A type of subordinate legislation that is created by a municipality.
Common law can refer to…
A system of law, a source of law, or a type of court.
What is common law as a system of law?
Refers to legal systems that can be traced back to England.
What is common law as a source of law?
Rules that are created by judges rather than by legislators or the drafters of the Constitution.
What is common law as a type of court?
Derived from the courts of equity.
Court of Laws
Original type of court, where the strict letter of the law was applied.
Court of Equity
Courts to which plaintiffs asked the king for relief.
Equity
In a general sense, fairness.
Trust
Exists anytime that one person owns property for the benefit of another.
Express Trust
Created when the settlor transfers property to a trustee to hold on behalf of the beneficiary.
In an express trust, who legally owns the property:
The trustee.
In an express trust, who is the equitable owner of the property?
The beneficiary.
