Chapter 1 Flashcards
What is Law
• Law sets basic standard of behaviour that are enforced by government and by individuals who help the government
Why we need law
To protect people property and society
Gov is expected to operate with accordance to what
RULE OF LAW
® Established legal principles that rear all persons equally and that government itself obeys
Law involving the government is called….
□ PUBLIC LAW
® Law that regulates the conduct of gov and the regulations between gov and private person
What regulates interaction and relationships between people
a) PRIVATE LAW
i) Regulates the relations between private persons and groups of private persons
ii) Also called civil law
How does law link with morals
• 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
What is the responsibility for the consequences of breaking the law
Legal Liability
CRIMINAL LIABILITY
Responsibility from commission of an offence against the government or society as a whole
REGULATORY OR QUASI-CRIMINAL LIABILITY
Less serious breach of public law often enforced through specialized regulatory tribunals set up by the government
CIVIL LIABILITY
Breach of a private law enforced through a lawsuit initiated by the injured victim
3 forms of liability uses to encourage people to obey the law
Criminal liability
Regulatory or quasi-criminal liability
Civil liability
§ Can get sued for all 3
MODEL LAWS
Recommended templated for domestic laws that are created by advisory organizations such as law reform commissions
SUPER-GOVERMENTAL ORG
- Ex: united nations
* Non-profit org seeking common approaches to international issues such as trade
What is legal risk
• Scenarios that could expose a business to some type of legal liability
How to manage legal risk
LEGAL RISK MANAGEMENT PLAN
• Plan created that identifies potential legal inabilities and provides preventive and remedial strategies
England legal profession has two separate groups
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
legal professionals in Quebec
Notary
□ A solicitor in Quebec
Advocate
□ Barrister in Quebec
legal professionals in Canada
○ In Canada all Solicitors are also Barristers
§ Some lawyers do all while some focus practice
§ LITIGATION LAWYERS
Specialize in private (civil trials)
PARALEGAL
Non-lawyer who provides some form of legal service to public
RETAINER
□ Contract between lawyer and client that states work that will be done and the fee that will be charges
way to promote ethical conduct in business
code of conduct
types of code of conduct
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
what is the constitution
- The basic law from which all other laws draw their power
- Created by government or monarch
- Is the higher law by which all the other laws must comply with
BASIC LAW
Constitution that lists founding legal principles accepted by citizens of a country
