Module 1-2 (Until Quiz) Flashcards
What is statute law?
Laws (legislation, acts, statutes) passed by the federal or provincial government.
What is Royal Ascent?
When a bill becomes a statute.
What are regulations?
Rules made under the authority of a statute. They are detailed rules on how to implement or administer a statute, or include exemptions.
What is Section 1 of the Charter?
It provides that Charter rights are subject to reasonable limits.
What is Section 33 of the Charter?
The Notwithstanding Clause. It allows the provincial or federal government to enact legislation notwithstanding a violation of certain Charter rights.
What is stare decisis?
A principle stating that decisions made by higher courts are binding on lower courts in the same jurisdiction in similar situations.
What are the two branches of common law?
Contract law and tort law.
What must a plaintiff prove in order to establish a negligent tort?
That the defendant owed the plaintiff a duty of care, the defendant breached that duty, and the plaintiff suffered foreseeable damages as a result.
What do Administrative Tribunals do?
They make decisions in specialized areas like employment standards or discrimination.
Where would you find common law employment decisions?
Case reporters: periodical publications containing written rulings.
What are the three basic elements of a contract?
Offer, acceptance, and consideration.
Why should one try to always use written contracts?
Reduces risk of misunderstandings;
Addresses contentious issues early;
Reduces uncertainty;
Reduces liability.
What is an implied term?
A term that the courts will deem part of a written or oral contract despite their absence.
What are some key terms of a standard employment contract?
The names of the parties, starting date, job title and description, duration, compensation, termination clause.
What is an “unconscionable” contract?
One that is unreasonably one-sided.
