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J - B LAW 301 > PowerPoint 1 > Flashcards

PowerPoint 1 Flashcards

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1
Q

3 steps to risk management:

A
  1. Identification.
  2. Evaluation.
  3. Response.
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2
Q

Identification

A

Recognition of legal risks. Can we be held liable for doing something wrong?

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3
Q

Evaluation

A

Assessment of legal risks. What are the chances of something going wrong?

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4
Q

Response

A

Reaction to legal risks. What are we going to do about it?

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5
Q

True or false? Every business decision creates some risk.

A

True.

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6
Q

What are forms of risk management?

A
  1. Risk avoidance.
  2. Risk reduction.
  3. Risk shifting.
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7
Q

Risk Avoidance

A

Elimination of risk. Withdraw dangerous product from market.

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8
Q

Risk Reduction

A

Minimization of risk. Modify product to reduce danger.

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9
Q

Risk Shifting

A

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.

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10
Q

Waivers are a form of…

A

Risk shifting and risk reduction.

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11
Q

Risk Acceptance

A

Choose to live with the risk. Do nothing.

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12
Q

Why manage risk?

A

To avoid being sued for negligence.

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13
Q

Waivers have _ compliance (does anyone read them?).

A

0 (no).

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14
Q

___ limit liability, while ___ do not.

A

Corporations limit liability, while proprietorships do not.

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15
Q

Law

A

The body of rules that can be enforced by the court or other government agencies.

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16
Q

Law is like…

A

The rules of a sport.

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17
Q

True or false? Law is morality/ethics.

A

False.

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18
Q

Ethics and morality is different from law because…

A

They require judgement, thought, values, and measuring.

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19
Q

Natural Law

A

We should know how to treat each other. Natural to know that we should not pollute the world.

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20
Q

What is an argument against the idea that law is not morality?

A

Lawmakers use morals and ethics to create laws.

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21
Q

Categories of Law

A
  • Substantive law.
  • Procedural law.
  • Public law.
  • Private law.
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22
Q

Law is broken up into ___ law and ___ law at its very base.

A

Natural, positive.

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23
Q

Substantive Law

A

Rules determining behaviour.

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24
Q

Procedural Law

A

How the legal process works.

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25
Q

Public Law

A

Regulates our relationship with governments.

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26
Q

Private Law

A

Regulates personal, social, and business relationships.

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27
Q

___ law tries to change people’s behaviour.

A

Substantive.

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28
Q

Are most laws substantive?

A

No, most are procedural.

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29
Q

Limitation Periods

A

You can only sue someone 2 years after the event.

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30
Q

Standing Before the Courts

A

Only litigator and lawyer retained on your behalf can speak for you.

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31
Q

Domestic Law

A

Each country has its own laws.

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32
Q

___ law is written down.

A

Positive.

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33
Q

International Law.

A

Trade agreements. United Nations. Paris Climate Change Conference. First Nations agreements.

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34
Q

Trade agreements are ___, while Paris Climate Change Conference was not.

A

Binding.

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35
Q

First Nations agreements are flawed because…

A

Until it is encoded into domestic law, it is useless.

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36
Q

How do we regulate international law?

A

Trade embargoes, war.

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37
Q

Constitutional Law

A

Rules governing basic operation of law and politics.

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38
Q

Administrative Law

A

Rules governing creation and operation of agencies, boards, tribunals, and omissions that exercise delegated authority.

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39
Q

Criminal Law

A

Rules governing wrongs against society.

40
Q

Tax Law

A

Rules regarding collection of money for public spending.

41
Q

R. v. XXX means that it is a ___ law case.

A

Public.

42
Q

What is the purpose of criminal law?

A

Protecting society.

43
Q

WCB uses a ___ court process.

A

Quasi.

44
Q

What are the three rules of administrative law?

A
  1. An impartial decision maker must be provided.
  2. Agencies must give the individual a chance to speak.
  3. A reason for decisions must be given.
45
Q

Administrative decisions must be within jurisdiction and comply with…

A

The Constitution Act, the charter, and principles of procedural fairness.

46
Q

Court may review administrative law decision process and determine if appropriate. True or false?

A

True.

47
Q

___ clauses may protect tribunal decisions under administrative law from judicial review.

A

Privative.

48
Q

Privative clauses means that you cannot…

A

Appeal the decision before court.

49
Q

Are privative clauses binding?

A

No, courts can overrule.

50
Q

___ is involved in public law.

A

Government.

51
Q

Tort Law

A

Rules governing wrongs against persons.

52
Q

Contract Law

A

Rules governing creation and enforcement of agreements.

53
Q

Property Law

A

Rules governing application, use, and disposition of property.

54
Q

Business Law

A

Partnerships, corporations, etc.

55
Q

Common law system finds its roots in the ___ system.

A

Feudal.

56
Q

Common law legal systems are developed in the courts based on ___ or ___ ___.

A

Precedent, stare decisis.

57
Q

Precedent

A

We already have an indication of what the outcome should be.

58
Q

What is the civil law legal system based on?

A

Roman law - Justinian.

59
Q

Where is the civil law legal system used?

A

Europe and most developing countries. Quebec’s legal system is based on the French Civil Code.

60
Q

What was Napoleon’s contribution to the civil law system?

A

Ordered all laws to be written down.

61
Q

How does the civil law system use precedent?

A

It doesn’t.

62
Q

Hierarchy of the sources of law:

A
  1. The Constitution.
  2. Legislation.
  3. Courts/judge-made law (and equity).
63
Q

Acts, statutes, or codes mean the same thing as ___.

A

Legislation.

64
Q

What are the roles of judges?

A

Follow past cases, interpret legislation and the Constitution.

65
Q

What are the 2 parts of the Constitution?

A
  1. BNA Act.

2. The Charter of Rights and Freedoms.

66
Q

BNA Act

A

Sets up the basic framework of government.

67
Q

BNA Act looks to divide power between…

A

The federal and provincial governments.

68
Q

What does the federal government have authority over?

A

Crime, bankruptcy, copyright, etc.

69
Q

What does the provincial power have authority over?

A

Property, education, health care, civil rights, etc.

70
Q

Who holds residual power in the Canadian legal system?

A

Federal government.

71
Q

Can you have concurrent jurisdictions?

A

Yes, both the federal and provincial governments can make rules over some matters.

72
Q

Principle of Paramountcy

A

If both the federal and provincial governments control a certain sector, the federal government prevails.

73
Q

POG

A

Peace, Order, and Good Government.

74
Q

___ government has responsibility over POG.

A

Federal.

75
Q

Ultra Vires Legislation

A

Created outside the scope of the government’s authority, and has no force or effect.

76
Q

Safe Injection Sites

A

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.

77
Q

Selling/Regulating of Stocks

A

Federal should be in charge because of commerce? However, Canada allows provinces to regulate public stock exchanges.

78
Q

Give examples of ultra vires legislation:

A

Speeding, distracted driving are provincial law.

79
Q

Ultra vires legislation can be…

A

Quasi-criminal law.

80
Q

What important documents were there in 1867 and 1982?

A

Constitution and Charter, respectively.

81
Q

Statutes, legislation, codes, acts, etc.

A

Laws created by legislative bodies.

82
Q

True or false? Common law overrides legislation.

A

False, legislation overrides.

83
Q

Legislative law often ___ or ___ common law.

A

Summarizes, modifies.

84
Q

True or false? Legislation often includes government regulations.

A

True.

85
Q

How does legislation get passed?

A

Bill, readings in House of Commons, Senate, royal assent.

86
Q

___ ___ gives assent for federal laws, ___ ___ gives assent for provincial laws.

A

Governor General, Lieutenant Governor.

87
Q

Legislation vs. Regulation

A

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.

88
Q

Bound to follow precedent if:

A
  • Decision made by higher court.
  • In the same jurisdiction.
  • Base on similar facts.
  • May distinguish cases on the facts.
89
Q

Law of Equity

A
  • Decisions made by Court of Chancery.
  • Based originally on fairness.
  • Developed to counter rigid common law.
  • Courts later merged, but not bodies of law.
90
Q

What happened when the law of equity and common law systems merged?

A

Judges can make common law or equitable ruling.

91
Q

Can all levels of courts grant an equitable remedy?

A

No, only some courts can.

92
Q

What court is the only real Court of Chancery?

A

Delaware Court of Chancery.

93
Q

What was the major amendment to the Constitution?

A

Charter of Rights and Freedoms in 1982.

94
Q

Why is it important that the Charter is in the Constitution?

A

Because anything that goes against the Constitution is unlawful and unconstitutional. Constitution reigns supreme.

95
Q

What else happened at the same time as the Charter concerning the Constitution?

A

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).

J - B LAW 301 (22 decks)

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