Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Studying > Mcs 3040 Midterm 1 > Flashcards

Mcs 3040 Midterm 1 Flashcards

1
Q

Substantive Law

A

The rights and rules that govern behaviour and set limits on conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Procedural Law

A

Determines how substantive laws will be enforced

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Public Law

A

Includes Constitutional Law and determines how the country is governed and regulates our relationships with government

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Private (Civil) Law

A

Governs personal, social and business relationships

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

French Civil Law

A

A list of rules stated as broad principles of law that judges apply to the cases that come before them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is stare decisis?

A

When a court faces a legal argument, if a previous court has ruled on the same or a closely related issue, then the court will make their decision in alignment with the previous court’s decision

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Law of Equity

A

Provides equitable relief/remedies when there is a recognizable right, but no remedy under the common law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Paramountcy

A

Power of the federal and provincial governments can overlap considerably. If overlap is incidental, both laws are valid and operative

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What does ADR stand for?

A

Alternative Dispute Resolution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Negotiation

A

Decision making is left in the hands of the disputing parties to work out for themselves

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Mediation

A

Neutral party assists the parties in coming to a resolution on their own

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Arbitration

A

Party makes binding decision in the matter under dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

The process of civil litigation

A

Before a decision is made to use, all avenues for settling should be tried.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Jurisdiction

A

Court considers what is fair to the parties and an efficient resolution for the dispute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

General Damage Remedy

A

Pain and suffering or for future lost wages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Special Damage Remedy

A

Reimburse the litigant for expenses or costs incurred before the trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Punitive Damage Remedy

A

Not to compensate the victim but rather to punish the wrongdoer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Types of business organizations

A

Sole proprietorship, partnership, corporation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Fiduciary Duty

A

A partner must act in the best interest of other partners

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Unlimited Liability

A

Partners’ liability is not limited to the assets of the partnership

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Dissolution of a partnership

A

Partnership can be dissolved by request to the court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Corporation

A

A legal entity, separate from the people who own and control it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Limited Partnership

A

Allows some partners to have limited liability, but only if the partnership operates under business name with LP as suffix

24
Q

Separate Legal Entity

A

An “owner” owns shares that can be bought and sold. Shareholders are always changing and they do not own any assets of the business

25
Q

Shareholders ________ and corporation (separate legal entity) ________

A

Buy shares; buys assets

26
Q

Termination of Corporation

A

May be voluntary (winding up) or involuntary (through bankruptcy or neglecting to file annual return)

27
Q

Five types of intellectual property

A

Copyright, patent, trademarks, industrial design, and integrated circuit topography

28
Q

Copyright

A

The monopoly to copy or reproduce a created work

29
Q

Copyright lasts how long?

A

For artists and authors: 50 years after death; For corporations: 50 years

30
Q

Patent

A

The exclusive right to produce, market and sell or otherwise profit from a specific invention

31
Q

To qualify for a patent the invention must be:

A

New, original work, unique, useful, and distinguishable

32
Q

What can’t be patented?

A

Scientific principles or abstract theories, products designed for illegal reasons, computer programs (Canada)

33
Q

Trademarks

A

Protect terms, symbols, designs, sounds or colours that identify a product or company and distinguishes it from a competitor

34
Q

Industrial Design

A

Registration of a unique shape, design, or pattern

35
Q

How long does industrial design last?

A

15 years, must pay maintenance fee after 5 years

36
Q

Integrated Circuit Topography

A

Protects 3-D design of integrated circuits

37
Q

How long does integrated circuit topography last?

A

Registration protects for 10 years

38
Q

Infringing copyright includes:

A

Benefiting from sale reproduction, distribution, or other commercial use of the work, plagiarism, and someone else asserting authorship

39
Q

Interlocutory injunction remedy

A

Stops infringement before the trial

40
Q

Anton Piller order remedy

A

Court order to seize material from manufacturer or distributor

41
Q

Permanent injunction remedy

A

Prohibiting the production, sale, or distribution of the product

42
Q

Damages remedy

A

Compensates victim for losses suffered

43
Q

How long does a patent last?

A

Patent grants monopoly for 20 years

44
Q

Mortgage

A

Involves the debtor borrowing money and giving the creditor a claim against their property (land and building) as added security in the event of default

45
Q

Law of Finders

A

Finder gets good title against all but the original owner

46
Q

According to the Law of Finders, who gets the right when found in a public or private space?

A

Public - the finder; private - the owner of the place

47
Q

Quiet Enjoyment

A

Landlord must ensure that nothing interferes with tenant’s normal use of the property

48
Q

Forfieture

A

Tenant is forced to vacate the premises accomplished by changing of locks or eviction

49
Q

Relief against forfeiture

A

Equitable principle allowing tenant to have lease reinstated

50
Q

Equity of Redemption

A

Right of mortgager to redeem property

51
Q

Foreclosure

A

Ends equity of redemption by setting a time limit

52
Q

Order of Judicial Sale

A

Application by creditor to have property sold

53
Q

Accounting Remedy

A

Entitlement to the amount lost in wage

54
Q

Special Performance Remedy

A

Court orders a party to go through with an act

55
Q

Declaration Remedy

A

Setting precedent to prevent future repetition

56
Q

Injunction

A

An order restraining a person from beginning or continuing an action

Studying (12 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions