Chapter 1

Question 1

What is Law

Answer 1

• Law sets basic standard of behaviour that are enforced by government and by individuals who help the government

Question 2

Why we need law

Answer 2

To protect people property and society

Question 3

Gov is expected to operate with accordance to what

Answer 3

RULE OF LAW

® Established legal principles that rear all persons equally and that government itself obeys

Question 4

Law involving the government is called….

Answer 4

□ PUBLIC LAW

® Law that regulates the conduct of gov and the regulations between gov and private person

Question 5

What regulates interaction and relationships between people

Answer 5

a) PRIVATE LAW
i) Regulates the relations between private persons and groups of private persons
ii) Also called civil law

Question 6

How does law link with morals

Answer 6

• Morals and ethics are optional standards of behaviour that people ought to observe
§ Not mandatory to follow
§ Honour, integrity, and trust

• do over lap as some things are unethical and unmoral and against the law

Question 7

What is the responsibility for the consequences of breaking the law

Answer 7

Legal Liability

Question 8

CRIMINAL LIABILITY

Answer 8

Responsibility from commission of an offence against the government or society as a whole

Question 9

REGULATORY OR QUASI-CRIMINAL LIABILITY

Answer 9

Less serious breach of public law often enforced through specialized regulatory tribunals set up by the government

Question 10

CIVIL LIABILITY

Answer 10

Breach of a private law enforced through a lawsuit initiated by the injured victim

Question 11

3 forms of liability uses to encourage people to obey the law

Answer 11

Criminal liability

Regulatory or quasi-criminal liability

Civil liability
§ Can get sued for all 3

Question 12

MODEL LAWS

Answer 12

Recommended templated for domestic laws that are created by advisory organizations such as law reform commissions

Question 13

SUPER-GOVERMENTAL ORG

Answer 13

• Ex: united nations

* Non-profit org seeking common approaches to international issues such as trade

Question 14

What is legal risk

Answer 14

• Scenarios that could expose a business to some type of legal liability

Question 15

How to manage legal risk

Answer 15

LEGAL RISK MANAGEMENT PLAN

• Plan created that identifies potential legal inabilities and provides preventive and remedial strategies

Question 16

England legal profession has two separate groups

Answer 16

Solicitors
□ Office lawyer who’s time is mostly spent interviewing clients and taking on legal aspects of business and family affairs
□ Also prepare cases for trial

Barrister
□ A lawyer in England who accepts cases from solicitor and presents them in court
Also act as consultant in complex legal issues

Question 17

legal professionals in Quebec

Answer 17

Notary
□ A solicitor in Quebec

Advocate
□ Barrister in Quebec

Question 18

legal professionals in Canada

Answer 18

○ In Canada all Solicitors are also Barristers
§ Some lawyers do all while some focus practice
§ LITIGATION LAWYERS
Specialize in private (civil trials)

Question 19

PARALEGAL

Answer 19

Non-lawyer who provides some form of legal service to public

Question 20

RETAINER

Answer 20

□ Contract between lawyer and client that states work that will be done and the fee that will be charges

Question 21

way to promote ethical conduct in business

Answer 21

code of conduct

Question 22

types of code of conduct

Answer 22

Binding code
- not law but if breached can face disciplinary action

Voluntary code
- no legal requirement to follow code it is highly encouraged

self-imposed code
- firms adopting and publishing their own codes

Question 23

what is the constitution

Answer 23

1. The basic law from which all other laws draw their power
2. Created by government or monarch
3. Is the higher law by which all the other laws must comply with

Question 24

BASIC LAW

Answer 24

Constitution that lists founding legal principles accepted by citizens of a country

Question 25

STATUTES

Answer 25

1. Pieces of legislation passed by gov

Question 26

REGULATIONS

Answer 26

a) Administrative rules implemented by the gov as a result of authorization given in a statute
b) also called subordinate legislation

Question 27

who makes law

Answer 27

1. the constitution
2. legislation(statutes)
3. court decisions

Question 28

CASE LAW

Answer 28

Collection of individual cases decided by the courts that develop and shape legal principles

Question 29

how to know if provincial or federal jurisdiction

Answer 29

1. Look at law itself- what does the law do and why
   Decide dominate features known as “pith and substance”
2. Court decides under which delegate power the identified topic falls under

Question 30

CONCURRENT POWER

Answer 30

○ Overlapping powers of both levels of government to regulate the same activities

Question 31

The charter of rights and freedoms

Answer 31

• Part of constitution that places limits on many aspects of government is to protect human rights to which the gov may not eliminate restrict or ignore

• This charter can only be changed by amending the constitution act
• Every law passed by the gov must comply with charter

Question 32

2 step process to see if charter was broken

Answer 32

1. Court assesses whether or not infringement of a guaranteed right has occur
2. Looks at whether or not discrimination can be justified in a free and democratic society