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J - B LAW 301 > Chapter 1: Risk Management and Sources of Law > Flashcards

Chapter 1: Risk Management and Sources of Law Flashcards

1
Q

Risk Management

A

The process of identifying, evaluating, and responding to the possibility of harmful events.

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2
Q

Liability

A

Risk of being held legally responsible.

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3
Q

Law

A

A rule that can be enforced by the courts.

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4
Q

Civil Law

A

Systems that trace their history to ancient Rome.

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5
Q

A Jurisdiction

A

A geographical area that uses the same set of laws.

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6
Q

Common Law

A

Systems that trace their history to England.

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7
Q

Public Law

A

Law that is concerned with governments and the ways in which they deal with their citizens.

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8
Q

Public law includes:

A
  • Constitutional law.
  • Administrative law.
  • Criminal law.
  • Tax law.
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9
Q

Constitutional Law

A

Provides the basic rules of our political and legal systems.

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10
Q

Administrative Law

A

Concerned with the creation and operation of administrative agencies, boards, commissions, and tribunals.

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11
Q

Criminal Law

A

Deals with offences against the state.

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12
Q

White Collar Crime

A

Committed by people in suits.

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13
Q

Corporate Crime

A

For example, when a used car company rolls back odometers.

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14
Q

Tax Law

A

Concerned with the rules that are used to collect money for public spending.

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15
Q

Private Law

A

Concerned with the rules that apply in private matters.

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16
Q

3 divisions in private law:

A
  1. Torts.
  2. Contracts.
  3. Property.
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17
Q

Tort

A

A private wrong.

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18
Q

3 divisions in torts:

A
  1. Intentional torts.
  2. Business torts.
  3. Negligence.
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19
Q

The Law of Contracts

A

Concerned with the creation and enforcement of agreements.

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20
Q

The law of contracts includes:

A
  1. Sale of goods.
  2. Use of negotiable instruments.
  3. Real estate transactions.
  4. Operation of corporations.
  5. Employment.
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21
Q

The Law of Property

A

Concerned with the acquisition, use, and disposition of property.

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22
Q

3 divisions in the law of property:

A
  1. Real property.
  2. Personal property.
  3. Intellectual property.
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23
Q

Law of Succession

A

Distribution of property after death.

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24
Q

Law of Trusts

A

Situation in which one person holds property on behalf of another.

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25
Q

3 sources of law:

A
  1. The Constitution.
  2. Legislation.
  3. The courts.
26
Q

The Constitution

A

The document that creates the basic rules for Canadian society, including its political and legal systems.

27
Q

2 significant consequence of the Constitution:

A
  1. Every other law must be compatible with it (it is supreme).
  2. Very difficult to change (amendments).
28
Q

Federal Country

A

Has two levels of government.

29
Q

Division of Powers

A

States the areas in which each level of government can act.

30
Q

Residual Power

A

Gives the federal government authority over everything that is not specifically mentioned.

31
Q

Ultra Vires

A

Beyond the power. When a government tries to create a law outside its own area.

32
Q

Doctrine of Federal Paramountcy

A

Determines which law is pre-eminent based on the Constitution’s division of powers.

33
Q

In case of conflict, which laws prevail? Federal or provincial?

A

Federal.

34
Q

Property Rights

A

The rights to own and enjoy assets.

35
Q

Economic Rights

A

The rights to carry on business activities.

36
Q

Does the Charter include property rights or economic rights?

A

No.

37
Q

Does the Charter govern disputes involving private parties?

A

No.

38
Q

Declaration

A

Court simply declares the Charter has been violated.

39
Q

Injunction

A

Requires the government to address the problem in a certain way.

40
Q

Striking Doen

A

Eliminate a statute that violates the Charter.

41
Q

Severance

A

Cutting out a part of the Charter.

42
Q

Reading Down

A

Making it more specific.

43
Q

Reading In

A

Making it broader.

44
Q

Damages

A

Compensates for a plaintiff’s loss, the same as in a private lawsuit.

45
Q

Parliamentary Supremacy

A

While judges are required to interpret constitution and statutory documents, they must also obey them.

46
Q

Legislation

A

Law that is created by Parliament of a legislature.

47
Q

When is a bill discussed in parliament?

A

Second reading.

48
Q

When a bill passes the third reading, is it law?

A

No, it must receive royal assent.

49
Q

Subordinate Legislation

A

The term given to regulations that are created with the authority of Parliament or the legislature.

50
Q

A Municipality

A

A town or city.

51
Q

By-Law

A

A type of subordinate legislation that is created by a municipality.

52
Q

Common law can refer to…

A

A system of law, a source of law, or a type of court.

53
Q

What is common law as a system of law?

A

Refers to legal systems that can be traced back to England.

54
Q

What is common law as a source of law?

A

Rules that are created by judges rather than by legislators or the drafters of the Constitution.

55
Q

What is common law as a type of court?

A

Derived from the courts of equity.

56
Q

Court of Laws

A

Original type of court, where the strict letter of the law was applied.

57
Q

Court of Equity

A

Courts to which plaintiffs asked the king for relief.

58
Q

Equity

A

In a general sense, fairness.

59
Q

Trust

A

Exists anytime that one person owns property for the benefit of another.

60
Q

Express Trust

A

Created when the settlor transfers property to a trustee to hold on behalf of the beneficiary.

61
Q

In an express trust, who legally owns the property:

A

The trustee.

62
Q

In an express trust, who is the equitable owner of the property?

A

The beneficiary.

J - B LAW 301 (22 decks)

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