Mcs 3040 Midterm 1 Flashcards
Substantive Law
The rights and rules that govern behaviour and set limits on conduct
Procedural Law
Determines how substantive laws will be enforced
Public Law
Includes Constitutional Law and determines how the country is governed and regulates our relationships with government
Private (Civil) Law
Governs personal, social and business relationships
French Civil Law
A list of rules stated as broad principles of law that judges apply to the cases that come before them
What is stare decisis?
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
Law of Equity
Provides equitable relief/remedies when there is a recognizable right, but no remedy under the common law
Paramountcy
Power of the federal and provincial governments can overlap considerably. If overlap is incidental, both laws are valid and operative
What does ADR stand for?
Alternative Dispute Resolution
Negotiation
Decision making is left in the hands of the disputing parties to work out for themselves
Mediation
Neutral party assists the parties in coming to a resolution on their own
Arbitration
Party makes binding decision in the matter under dispute
The process of civil litigation
Before a decision is made to use, all avenues for settling should be tried.
Jurisdiction
Court considers what is fair to the parties and an efficient resolution for the dispute
General Damage Remedy
Pain and suffering or for future lost wages
Special Damage Remedy
Reimburse the litigant for expenses or costs incurred before the trial
Punitive Damage Remedy
Not to compensate the victim but rather to punish the wrongdoer
Types of business organizations
Sole proprietorship, partnership, corporation
Fiduciary Duty
A partner must act in the best interest of other partners
Unlimited Liability
Partners’ liability is not limited to the assets of the partnership
Dissolution of a partnership
Partnership can be dissolved by request to the court
Corporation
A legal entity, separate from the people who own and control it
Limited Partnership
Allows some partners to have limited liability, but only if the partnership operates under business name with LP as suffix
Separate Legal Entity
An “owner” owns shares that can be bought and sold. Shareholders are always changing and they do not own any assets of the business
Shareholders ________ and corporation (separate legal entity) ________
Buy shares; buys assets
Termination of Corporation
May be voluntary (winding up) or involuntary (through bankruptcy or neglecting to file annual return)
Five types of intellectual property
Copyright, patent, trademarks, industrial design, and integrated circuit topography
Copyright
The monopoly to copy or reproduce a created work
Copyright lasts how long?
For artists and authors: 50 years after death; For corporations: 50 years
Patent
The exclusive right to produce, market and sell or otherwise profit from a specific invention
To qualify for a patent the invention must be:
New, original work, unique, useful, and distinguishable
What can’t be patented?
Scientific principles or abstract theories, products designed for illegal reasons, computer programs (Canada)
Trademarks
Protect terms, symbols, designs, sounds or colours that identify a product or company and distinguishes it from a competitor
Industrial Design
Registration of a unique shape, design, or pattern
How long does industrial design last?
15 years, must pay maintenance fee after 5 years
Integrated Circuit Topography
Protects 3-D design of integrated circuits
How long does integrated circuit topography last?
Registration protects for 10 years
Infringing copyright includes:
Benefiting from sale reproduction, distribution, or other commercial use of the work, plagiarism, and someone else asserting authorship
Interlocutory injunction remedy
Stops infringement before the trial
Anton Piller order remedy
Court order to seize material from manufacturer or distributor
Permanent injunction remedy
Prohibiting the production, sale, or distribution of the product
Damages remedy
Compensates victim for losses suffered
How long does a patent last?
Patent grants monopoly for 20 years
Mortgage
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
Law of Finders
Finder gets good title against all but the original owner
According to the Law of Finders, who gets the right when found in a public or private space?
Public - the finder; private - the owner of the place
Quiet Enjoyment
Landlord must ensure that nothing interferes with tenant’s normal use of the property
Forfieture
Tenant is forced to vacate the premises accomplished by changing of locks or eviction
Relief against forfeiture
Equitable principle allowing tenant to have lease reinstated
Equity of Redemption
Right of mortgager to redeem property
Foreclosure
Ends equity of redemption by setting a time limit
Order of Judicial Sale
Application by creditor to have property sold
Accounting Remedy
Entitlement to the amount lost in wage
Special Performance Remedy
Court orders a party to go through with an act
Declaration Remedy
Setting precedent to prevent future repetition
Injunction
An order restraining a person from beginning or continuing an action
