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SGMA - BUSINESS LAW FOR STRATEGIC THINKERS > Lectures / Readings > Flashcards

Lectures / Readings Flashcards

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1
Q

What does ADR stand for?

A

Alternative dispute resolution

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2
Q

What is affirmative action?

A

An action that can be used to discriminate against a group if it serves to be advantageous towards a group that is discriminated against

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3
Q

List the three most common ADR methods

A
  1. Negotiation
  2. Arbitration
  3. Mediation
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4
Q

What should be an individual’s last resort when trying to solve a dispute?

A

Litigation

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5
Q

List some 5 reasons as to why litigation can be disadvantageous:

A

Costly
Unpredictable
Untimely
Difficult to preserve long-lasting relationships
Issues with confidentiality

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6
Q

What is the least formal ADR method?

A

Negotiation

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7
Q

What is the most structured form of mediation?

A

Arbitration

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8
Q

List 4 aspects of negotiation

A

Cost-effective, informal, private and quick

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9
Q

What are two examples of forms of negotiation?

A
  1. Positional bargaining
  2. principled negotiation
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10
Q

What is the key distinction between Mediation and Negotiation?

A

Independent third-party mediator, meetings take place at specific times and dates

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11
Q

What are the formalized aspects of arbitration?

A

The arbitrator imposes a solution at the end of the arbitration period.

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12
Q

What are the advantages of arbitration?

A

Like both other ADR approaches Arbitration is private, however, parties dictate the entire procedure and can compose it in any manner they would like.

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13
Q

What are the 4 stages of civil law procedures?

A

Pleading
Discovery
Trail
enforcement

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14
Q

What does a civil lawsuit start with?

A

A statement of claim

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15
Q

What does a Plaintiff do before a civil trial?

A

Discuss how they’ve been wronged

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16
Q

If someone is awarded “costs” what does that mean? what % of costs are usually awarded?

A

Costs are awards that are used for legal fees, in Canada usually about 1/3 of total procedural fees are reimbursed.

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17
Q

What is a third-party claim?

A

A claim in which the defendant brings in a third party. Occurs when the plaintiff accuses the defendant and the defendant believes that their injuries or wrong is due to a party outside of the two present in the disagreement.

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18
Q

What is the total amount of money that the Alberta claims court ( a SMALL CLAIMS COURT) Can award in a legal suit?

A

100,000 dollars

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19
Q

What information does a statement of claim document include?

A

Explains:
Who is being sued
What they are being sued for
The legal principles involved and the total damage

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20
Q

What is another word for a statement of claim document?

A

A pleading

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21
Q

Who is the individual being wronged in a civil court case?

A

The plaintiff

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22
Q

Who is the individual being accused of wrongdoing in a civil court case?

A

The defendent

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23
Q

What does the executive branch consist of?

A

prime minister, cabinet ministers, premiers, civil servants

24
Q

Who makes up the judicial branch?

A

Federally and provincially appointed judges

25
Q

What does the legislative branch consist of?

A

The senate, the parliament, provincial legislatures

26
Q

Under the law what branch of government makes statues?

A

The parliament

27
Q

What does the executive branch do under government?

A

Runs the government and creates rules and regulations

28
Q

Who in the legal system creates common law?

A

Judges

29
Q

What do judges interpret?

A

Regulations and statues

30
Q

What is the function of the Parliaments power in terms of law

A

To make / change the law

31
Q

What function does the executive branch have in terms of law

A

To put law into action

32
Q

What does the judiciary have the power to do in terms of law?

A

Make judgements on law

33
Q

Both provincial and federal governments can pass statues true to false?

A

True

34
Q

What two statues concern constitutional law?

A

Charter of rights and freedoms (1982) and the Constitution act of (1867)

35
Q

The charter outlines civil rights of all Canadians and anyone who is on Canadian soil true or false?

A

True

36
Q

What does the constitution act outline?

A

The way elections work, the powers of the executive branch, and the division of power between federal and provincial government.

37
Q

What is common law?

A

Judge made law that is separate from statute law.

38
Q

What are common law decisions based off of?

A

Precedent / stare decisis

39
Q

What are the two rules a judge can apply?

A

Rules of Equity and common law rules

40
Q

What is equity in law?

A

Rules that focus on what would be fair given the specific circumstance of the case rather than stricter common law rules.

41
Q

The Supreme Court decisions are binding on all courts except those outside its jurisdiction true or false?

A

False.

42
Q

What are the two things legal decisions can be?

A

Binding and persuasive

43
Q

What is the difference between a freedom and a right

A

Freedom is a fundamental political liberty required in a democracy, whereas a right is an entitlement directed at ensuring equity among citizens

44
Q

What does the term supreme law mean?

A

That that law can override any legislation or government action that is inconsistent with its principles.

45
Q

What does section one of the charter outline?

A

The Charter of Rights and Freedoms guarantees the rights laid out in it.

46
Q

What are the fundemntal freedoms listed in section 2? A-D

A

S(2a) Freedom of conscience and religion
S 2b. freedom of thought, belief, opinion, and expression
S 2c. Freedom of peaceful assembly
S 2d. Freedom of association

47
Q

What category of rights does section 3 t 05 concern itself with

A

Democratic rights

48
Q

What category of rights does Section 6 concern itself with?

A

Mobility rights

49
Q

What category of rights do sections 7 to 14 concern themselves with

A

Legal rights

50
Q

What category of rights does Section 15 concern itself with?

A

Equality rights

51
Q

What sections of the charter concern itself with the official languages of Canada?

A

Sections 16 to 23

52
Q

What rights are concerned under section 3

A

Minority language education right

53
Q

What does the first subsection of section 15 equality rights preclude?

A

Any law program, activity as its object, the amelioration, states that the rules stated in rule one should not impact those who are categorized as disadvantaged in section 15(1)

54
Q

What is the notwithstanding clause?

A

Section 33 allows that provisions may operate notwithstanding a provision included in sections 2 or 7 to 15.

55
Q
A

SGMA - BUSINESS LAW FOR STRATEGIC THINKERS (1 decks)

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