Chapter1-6 Flashcards
statute law
a law passed by federal or provincial government that includes laws that regulate business and people.
*referred to as legislation or acts
common law
a system of judge made laws originated in England, inherited by Canada as a British colony
3 regimes of work law
- common law regime
- collective bargain regime
- regulatory regime
tort
a type of wrongful act done by one person to another person or property that a judge has recognized as legally actionable
precedent
a earlier decision by a judge that dealt with the same, or very similar legal actions
also know as Stare Decisis; latin for “to stand by a previous decision”
injunction
a legal order issued by a judge prohibiting a person from from engaging in a particular course of action, such as breaching a contract or violating a tort
jurisdiction
the scope of authority over which a government, court or expert administrative power has the power to govern.
levels of Canadian courts
Supreme Court of Canada
Courts of appeal
Courts of first instance
strike
a collective refusal to perform work by employees
arbitrator
an independent third party used to settle a dispute
independent contractor
a worker who is in business for themselves, therefor, is not an employee
vicarious liability
a legal rule which an employer is liable for the actions of their employees
bona fide
real. without intent to deceive
civil litigation
the process involved with lawsuits filed in court not involving criminal law statutes
5 elements of a contract
- offer and acceptance (consensus)
- agreement
- consideration
- capacity
- legality
the main perspectives that shape the laws of work
- Neoclassical perspective
- Management perspective
- industrial pluralistic perspective
- the critical reformist
- radical perspective
master and servant law
a body of legislation that related the work of the servants, agriculture and craft workers in England
reception
when the British established a new colony it specified that the current laws of England would be adapted to the colony
justice of the peace
in the 19th century, a local noble appointed to represent the crown to resolve legal matters
restitiution
restoring something that has been stolen or lost to it rightful owner
legislation
a law that is created by parliament or a legislature
legislature
A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city
3 areas of private law
law of torts
law of contracts
law of propery
plaintiff
person making the complaint
seizure
assets seized + sold
garnish
forces employer to pay part of income to plaintiff
types of torts
intentional negligent (acting careless) strict liability (didn't mean to act carelessly, but did )
assault
making the defendant believe you are going to assault them or cause them harm or causing threatening contact
battery
actual contact
malicious prosecution
occurs when the defendant improperly causes the plaintiff to be prosecuted
volenti
when someone willingly puts themselves in a position where harm may be the result
test used to determine if there is an intent to make a contract
reasonable persons test
duty of care
legal obligation to adhere to reasonable care in any situation that could cause harm to others
fraudulent misrepresentation
lying to trick someone into a agreement that causes harm
summary dismissal
termination of an employment contract by an employer without notice to the employe in response to a serious breach of contract by the employee
