Courts, Torts, Negligence, and Business structure Flashcards
Statute law
legislation, acts, cods, enactment of municipalities, bylaws
Passed in parliament, legislature, municipal levels of government
Common law
Judge made law, or precedent setting law. Basically previous rulings determine what should happen in new case
Centered around compensation or damages.
Severance
Ending a work relationship. Involves both statue (for each individual) and common (compensation and damges) law.
Termination with or without cause
An employer can fire an employee for just cause and not owe any termination pay at common law
Criminal Law
The relationship between the state and the individual.
Two types: summary convictions and indictable convictions
Summary convictions
- Quick and simple
- less serious
- person usually not arrested but ordered to appear in court
Indictable convictions
Entitled to trial by jury (murder, manslaughter, sexual assault, break and entry)
Civil Law
Relationship between 2 individuals
Court System
- Supreme Court
- Court of Appeal
- King’s Bench
- Provincial Court
- Justice of the Peace
- Administrative Tribunals
- Federal Court
- Tax Court
Supreme court
will only be seen if of national importance, otherwise they will not make time for you
King’s Bench
Civil cases- wills, estates, family law
Provincial Court
Peoples Court
- all summary offences
- indictable offences except murder
Justice of the Peace
Release people on bail
and handle some summary offences
Administrative Tribunals
Take care of rules and guidelines… for example: Vet Act
Federal Court
deals with lawsuits relating to government of canada
Tort
A wrong doing. Either intentional or unintentional
Intentional Tort
Intentional personal or economic harm
Strict Liability
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
Unintentional Tort
Law of negligence- failure to take better care in something.
Vicarious Liability
When negligence extends beyond the person who was negligent.
Ex. Boss negligent for employee
Love thy neighbour doctrine
You have a duty of care for those around you.
Love thy neighbour doctrine for trespassers
Uninvited guest. Generally at own risk, except if there is an attractive nuisance
Love thy neighbour licensee
Comes as a social visitor. Occupier must warn of all risks.
Ex. friend slips on ice
Love thy neighbour invitee
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.
Business types
- sole proprietorships
- partnerships
- corporations
- agency
- nonprofit
Sole proprietorships
Simplest form of business organization. One person owns the entire business but may have many employees.
Income tax is treated as an individual
Partnerships
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
Corporations
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
Agency
Arrangement between principal and third party, but agent is the in between
Non profits
Membership or charitable (public benefit/tax deduction)
3 Attributes of property ownership
- Settlor- sets up trust and contributes property of funds to the trust for the beneficiaries
- Trustee- appointed by the settlor to manage and control the trusts assets
- Beneficiary- has right to benefit from property
