PowerPoint 1 Flashcards
3 steps to risk management:
- Identification.
- Evaluation.
- Response.
Identification
Recognition of legal risks. Can we be held liable for doing something wrong?
Evaluation
Assessment of legal risks. What are the chances of something going wrong?
Response
Reaction to legal risks. What are we going to do about it?
True or false? Every business decision creates some risk.
True.
What are forms of risk management?
- Risk avoidance.
- Risk reduction.
- Risk shifting.
Risk Avoidance
Elimination of risk. Withdraw dangerous product from market.
Risk Reduction
Minimization of risk. Modify product to reduce danger.
Risk Shifting
Make the risk someone else’s problem. Buy liability insurance for losses caused by danger risk acceptance. Choose to live with the risk to do nothing.
Waivers are a form of…
Risk shifting and risk reduction.
Risk Acceptance
Choose to live with the risk. Do nothing.
Why manage risk?
To avoid being sued for negligence.
Waivers have _ compliance (does anyone read them?).
0 (no).
___ limit liability, while ___ do not.
Corporations limit liability, while proprietorships do not.
Law
The body of rules that can be enforced by the court or other government agencies.
Law is like…
The rules of a sport.
True or false? Law is morality/ethics.
False.
Ethics and morality is different from law because…
They require judgement, thought, values, and measuring.
Natural Law
We should know how to treat each other. Natural to know that we should not pollute the world.
What is an argument against the idea that law is not morality?
Lawmakers use morals and ethics to create laws.
Categories of Law
- Substantive law.
- Procedural law.
- Public law.
- Private law.
Law is broken up into ___ law and ___ law at its very base.
Natural, positive.
Substantive Law
Rules determining behaviour.
Procedural Law
How the legal process works.
Public Law
Regulates our relationship with governments.
Private Law
Regulates personal, social, and business relationships.
___ law tries to change people’s behaviour.
Substantive.
Are most laws substantive?
No, most are procedural.
Limitation Periods
You can only sue someone 2 years after the event.
Standing Before the Courts
Only litigator and lawyer retained on your behalf can speak for you.
Domestic Law
Each country has its own laws.
___ law is written down.
Positive.
International Law.
Trade agreements. United Nations. Paris Climate Change Conference. First Nations agreements.
Trade agreements are ___, while Paris Climate Change Conference was not.
Binding.
First Nations agreements are flawed because…
Until it is encoded into domestic law, it is useless.
How do we regulate international law?
Trade embargoes, war.
Constitutional Law
Rules governing basic operation of law and politics.
Administrative Law
Rules governing creation and operation of agencies, boards, tribunals, and omissions that exercise delegated authority.
Criminal Law
Rules governing wrongs against society.
Tax Law
Rules regarding collection of money for public spending.
R. v. XXX means that it is a ___ law case.
Public.
What is the purpose of criminal law?
Protecting society.
WCB uses a ___ court process.
Quasi.
What are the three rules of administrative law?
- An impartial decision maker must be provided.
- Agencies must give the individual a chance to speak.
- A reason for decisions must be given.
Administrative decisions must be within jurisdiction and comply with…
The Constitution Act, the charter, and principles of procedural fairness.
Court may review administrative law decision process and determine if appropriate. True or false?
True.
___ clauses may protect tribunal decisions under administrative law from judicial review.
Privative.
Privative clauses means that you cannot…
Appeal the decision before court.
Are privative clauses binding?
No, courts can overrule.
___ is involved in public law.
Government.
Tort Law
Rules governing wrongs against persons.
Contract Law
Rules governing creation and enforcement of agreements.
Property Law
Rules governing application, use, and disposition of property.
Business Law
Partnerships, corporations, etc.
Common law system finds its roots in the ___ system.
Feudal.
Common law legal systems are developed in the courts based on ___ or ___ ___.
Precedent, stare decisis.
Precedent
We already have an indication of what the outcome should be.
What is the civil law legal system based on?
Roman law - Justinian.
Where is the civil law legal system used?
Europe and most developing countries. Quebec’s legal system is based on the French Civil Code.
What was Napoleon’s contribution to the civil law system?
Ordered all laws to be written down.
How does the civil law system use precedent?
It doesn’t.
Hierarchy of the sources of law:
- The Constitution.
- Legislation.
- Courts/judge-made law (and equity).
Acts, statutes, or codes mean the same thing as ___.
Legislation.
What are the roles of judges?
Follow past cases, interpret legislation and the Constitution.
What are the 2 parts of the Constitution?
- BNA Act.
2. The Charter of Rights and Freedoms.
BNA Act
Sets up the basic framework of government.
BNA Act looks to divide power between…
The federal and provincial governments.
What does the federal government have authority over?
Crime, bankruptcy, copyright, etc.
What does the provincial power have authority over?
Property, education, health care, civil rights, etc.
Who holds residual power in the Canadian legal system?
Federal government.
Can you have concurrent jurisdictions?
Yes, both the federal and provincial governments can make rules over some matters.
Principle of Paramountcy
If both the federal and provincial governments control a certain sector, the federal government prevails.
POG
Peace, Order, and Good Government.
___ government has responsibility over POG.
Federal.
Ultra Vires Legislation
Created outside the scope of the government’s authority, and has no force or effect.
Safe Injection Sites
RCMP sent in to arrest people using drugs. Provincial government has authority over health, and federal government has authority over crime. SCC ruled in favour of provinces.
Selling/Regulating of Stocks
Federal should be in charge because of commerce? However, Canada allows provinces to regulate public stock exchanges.
Give examples of ultra vires legislation:
Speeding, distracted driving are provincial law.
Ultra vires legislation can be…
Quasi-criminal law.
What important documents were there in 1867 and 1982?
Constitution and Charter, respectively.
Statutes, legislation, codes, acts, etc.
Laws created by legislative bodies.
True or false? Common law overrides legislation.
False, legislation overrides.
Legislative law often ___ or ___ common law.
Summarizes, modifies.
True or false? Legislation often includes government regulations.
True.
How does legislation get passed?
Bill, readings in House of Commons, Senate, royal assent.
___ ___ gives assent for federal laws, ___ ___ gives assent for provincial laws.
Governor General, Lieutenant Governor.
Legislation vs. Regulation
Regulation is long and detailed. Give more details about the law. Legislation is more broad. Regulation is signed by ministers, while legislation is voted on.
Bound to follow precedent if:
- Decision made by higher court.
- In the same jurisdiction.
- Base on similar facts.
- May distinguish cases on the facts.
Law of Equity
- Decisions made by Court of Chancery.
- Based originally on fairness.
- Developed to counter rigid common law.
- Courts later merged, but not bodies of law.
What happened when the law of equity and common law systems merged?
Judges can make common law or equitable ruling.
Can all levels of courts grant an equitable remedy?
No, only some courts can.
What court is the only real Court of Chancery?
Delaware Court of Chancery.
What was the major amendment to the Constitution?
Charter of Rights and Freedoms in 1982.
Why is it important that the Charter is in the Constitution?
Because anything that goes against the Constitution is unlawful and unconstitutional. Constitution reigns supreme.
What else happened at the same time as the Charter concerning the Constitution?
The Queen loosened Canada’s ties to Great Britain, and the Queen herself no longer has to give royal assent (her representative in Canada can).
