Module 1: Canadian Legal System, Managing Risk, Legal Dispute Resolutions

Question 1

bankruptcy law

Answer 1

the vehicle for ensuring that all those affected by a failed business are treated fairly, reasonably, and according to a set of agreed upon rules

Question 2

anti-discrimination law

Answer 2

confronts bigotry by providing remedies to those who are treated unjustly and prejudicially

Question 3

tort law

Answer 3

ensures that those who wrongfully cause injury to another are held financially accountable

Question 4

legal risk management plan

Answer 4

identify legal risks associated with a business and implementing concrete measures for managing those risks (contingency plan) before they occur

Question 5

legislative branch

Answer 5

creates law in form of statutes and regulations

Question 6

executive branch

Answer 6

formulates and implements government policy and law

Question 7

judicial branch

Answer 7

abjudicates on disputes

Question 8

constitutional law

Answer 8

the supreme law of Canada that constrains and controls how the branches of gov’t exercise power

Question 9

constitutional conventions

Answer 9

a code of ethics that govern our political processes i.e. office of prime minister not written in the constitution but is widely recognized, thus a convention

Question 10

statute law

Answer 10

formal, written laws created or enacted by the legislative branch of gov’t

Question 11

exclusive jurisdiction

Answer 11

jurisdiction that one level of gov’t holds entirely on its own and not on a shared basis with another level

Question 12

concurrent jurisdiction

Answer 12

jurisdiction that is shared between levels of gov’t

Question 13

paramountcy

Answer 13

a doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws

Question 14

jurisdiction

Answer 14

the power that a given level of gov’t has to enact laws

Question 15

formal executive

Answer 15

the branch of gov’t responsible for the ceremonial features of gov’t

Question 16

political executive

Answer 16

branch of gov’t responsible for day2day ops, including formulating and executing gov’t policy, and administering all depts of gov’t

Question 17

cabinet

Answer 17

a body composed of all ministers heading gov’t depts, as well as the prime minister or premier

Question 18

small claims court

Answer 18

a court that deals with claims up to a specified amount; amount varies prov to prov (~25k to 50k)

Question 19

inferior court

Answer 19

a court with limited financial jurisdiction whose judges are appointed by the prov gov’t

Question 20

superior court

Answer 20

courts with unlimited financial jurisdiction whose judges are appointed by the federal gov’t

Question 21

rules of equity

Answer 21

rules that focus on what would be fair given the specific circumstances of the case, as opposed to what the strict rules of common law might dictate

Question 22

substantive law

Answer 22

law that defines rights, duties, and liabilities (ex. the right for a plaintiff to challenge the gov’t for failing to meet a standard)

Question 23

procedural law

Answer 23

the law governing the procedure to enforce rights, duties, and liabilities (ex. the fact that a trial judge’s decision can be appealed to a higher court is a procedural matter)

Question 24

administrative law

Answer 24

rules created and applied by those having governmental powers
i.e. boards, agencies, commissions, tribunals, and individuals

Question 25

risk avoidance

Answer 25

ceasing a business activity bc the risk is too great

Question 26

risk reduction

Answer 26

introducing policies, practices, and procedures to reduce probability of an event happening

Question 27

risk transference

Answer 27

usually in the form of insurance

Question 28

risk retention

Answer 28

absorbing the loss if a legal risk materializes (only done when cost of avoiding or transferring is greater than absorbing it)

Question 29

limitation period

Answer 29

the time period specified by legislation for commencing legal action; generally, right to sue is lost after limitation period (some exceptions i.e. sexual assault, minors, people with disabilities)

Question 30

burden of proof

Answer 30

obligation of the plaintiff to prove its case

Question 31

judgment debtor

Answer 31

the party ordered by the court to pay a specified amount to the winner of a lawsuit

Question 32

apellant

Answer 32

the party who begins or files an appeal

Question 33

respondent

Answer 33

the party against whom an appeal is filed

Question 34

arbitration

Answer 34

a process in which a neutral third party hears both sides of dispute and makes a binding decision (win/lose)

Question 35

mediation

Answer 35

A process in which a third party intervenes to bring opposing parties to an agreement

Question 36

negotiation

Answer 36

a process whereby both parties communicate to reach a mutually acceptable agreement

Question 37

enterprise risk management

Answer 37

the process of identifying and managing all business risks