Definitions - law and ethics

Question 1

Duty

Answer 1

A person who has a legal obligation to engage in certain conduct has a legal duty to do so. Usually a duty is owed to a person or society. A private individual or the state has a right to enforce the duty.

Question 2

Right

Answer 2

A legal right is a claim which a person has against another(or state), which the courts will recognize. Legal rights come from constitutional documents such as the charter of rights and freedoms, a statute devoted to the promotion of certain rights such as Human rights code, If a person has a right it means that someone has a duty to respond to the claim.

Question 3

Negligence

Answer 3

if a person fails to exercise a degree of care which a reasonable person in the circumstances would exercise, we say that person is negligent.

Question 4

Reasonable

Answer 4

Reasonableness is a kind of average human conduct. Common sense on its best behaviour. Practical accounting of human emotion and of human values

Question 5

Mens Rea

Answer 5

The mental state necessary to do the wrong. “Guilty/Evil Mind) Criminal Law

Question 6

Actus Reus

Answer 6

The physical act of wrong-doing. Criminal Law.

Question 7

Contract

Answer 7

set of mutual promises enforceable by law

Question 8

Damages

Answer 8

A plaintiff seeking a remedy for a wrong committed by the defendant is usually seeking “damages”, or monetary compensation.

Question 9

Injunction

Answer 9

remedy granted by the court where damages would be insufficient or irrelevant. order to stop certain conduct.

Question 10

Public Law

Answer 10

addresses social problems and issues that would be impractical to leave to private law

Question 11

Plaintiff

Answer 11

the party bringing the complaint about the defendant to the court

Question 12

Defendant

Answer 12

the part responding to the allegations of the plaintiff

Question 13

Criminal Law

Answer 13

an act wrong against everyone. the crown step in the punish wrongdoers, preserve the peace and to express collectively held values. the accused must have a mens rea (evil mind)

Question 14

Partnership

Answer 14

A partnership consists of the partners. It is not a corporation.

Question 15

Unincorporated associations

Answer 15

group of people that call themselves a society or club or association. they have not incorporated, not a separate legal entity. the club cannot enter into an employment contract nor be an employer.

Question 16

Master

Answer 16

old law - employer

Question 17

Servant

Answer 17

old law - employee

Question 18

Contractors

Answer 18

contract work. accountable to the details of the contract. cannot direct their work.

Question 19

Act

Answer 19

the basic legal authority.

1. adopted and amended by the legislature in public.
2. States the general duties, principles, requirements and rights

Question 20

Regulations

Answer 20

the detailed legal authority

1. adopted and amended by the cabinet in private
2. provide specific rules and procedures for many circumstances
3. regulations cannot exceed the authority of the act; cannot exist without a parent act
   can be many different regulations made pursuant to one act

Question 21

Guidelines

Answer 21

the most specific form of the authority

1. adopted and amended by the civil service
2. very detailed
3. not legally enforceable on their own, but may be adopted by reference into a regulation or an act (rare), and are often used as evidence for a standard expressed in an act or regulation.
4. Often originate with a non-governmental body