Courts, Torts, Negligence, and Business structure Flashcards

1
Q

Statute law

A

legislation, acts, cods, enactment of municipalities, bylaws

Passed in parliament, legislature, municipal levels of government

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2
Q

Common law

A

Judge made law, or precedent setting law. Basically previous rulings determine what should happen in new case

Centered around compensation or damages.

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3
Q

Severance

A

Ending a work relationship. Involves both statue (for each individual) and common (compensation and damges) law.

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4
Q

Termination with or without cause

A

An employer can fire an employee for just cause and not owe any termination pay at common law

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5
Q

Criminal Law

A

The relationship between the state and the individual.

Two types: summary convictions and indictable convictions

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6
Q

Summary convictions

A
  • Quick and simple
  • less serious
  • person usually not arrested but ordered to appear in court
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7
Q

Indictable convictions

A

Entitled to trial by jury (murder, manslaughter, sexual assault, break and entry)

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8
Q

Civil Law

A

Relationship between 2 individuals

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9
Q

Court System

A
  • Supreme Court
  • Court of Appeal
  • King’s Bench
  • Provincial Court
  • Justice of the Peace
  • Administrative Tribunals
  • Federal Court
  • Tax Court
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10
Q

Supreme court

A

will only be seen if of national importance, otherwise they will not make time for you

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11
Q

King’s Bench

A

Civil cases- wills, estates, family law

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12
Q

Provincial Court

A

Peoples Court
- all summary offences
- indictable offences except murder

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13
Q

Justice of the Peace

A

Release people on bail
and handle some summary offences

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14
Q

Administrative Tribunals

A

Take care of rules and guidelines… for example: Vet Act

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15
Q

Federal Court

A

deals with lawsuits relating to government of canada

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16
Q

Tort

A

A wrong doing. Either intentional or unintentional

17
Q

Intentional Tort

A

Intentional personal or economic harm

18
Q

Strict Liability

A

You are liable for harm if you did not do enough to prevent the harm from happening

Ex. Guy building dam next to coal mine

19
Q

Unintentional Tort

A

Law of negligence- failure to take better care in something.

20
Q

Vicarious Liability

A

When negligence extends beyond the person who was negligent.
Ex. Boss negligent for employee

21
Q

Love thy neighbour doctrine

A

You have a duty of care for those around you.

22
Q

Love thy neighbour doctrine for trespassers

A

Uninvited guest. Generally at own risk, except if there is an attractive nuisance

23
Q

Love thy neighbour licensee

A

Comes as a social visitor. Occupier must warn of all risks.
Ex. friend slips on ice

24
Q

Love thy neighbour invitee

A

People coming to a business (enticed to come). They require the highest level of care. They must be warned of all known dangers and anticipate other dangers within reason.

25
Q

Business types

A
  • sole proprietorships
  • partnerships
  • corporations
  • agency
  • nonprofit
26
Q

Sole proprietorships

A

Simplest form of business organization. One person owns the entire business but may have many employees.

Income tax is treated as an individual

27
Q

Partnerships

A

Two or more people who jointly carry on a common business with the objective being to share profit and losses (sharing does not need to be equal).

Partners liable for wrongdoing of each other

28
Q

Corporations

A

Separate legal entity but with no existence.
- separate legal identity
- limited liability (losses are limited to what the shareholders put into the business)
- easy to transfer ownership
- tax avoidance- corporations pay tax like a person
- better access to financing

29
Q

Agency

A

Arrangement between principal and third party, but agent is the in between

30
Q

Non profits

A

Membership or charitable (public benefit/tax deduction)

31
Q

3 Attributes of property ownership

A
  1. Settlor- sets up trust and contributes property of funds to the trust for the beneficiaries
  2. Trustee- appointed by the settlor to manage and control the trusts assets
  3. Beneficiary- has right to benefit from property