Chapter 1 Flashcards
(38 cards)
Three Steps to Manage Legal Risks
Identification
Evaluation
Response
What is Risk Avoidance
Eliminating Risk. ex. Withdrawing a dangerous product from the market
Risk Reduction
Minimizing Risk ex. Modify the product to reduce danger like recalling a product
Risk Shifting
Make the risk someone else’s problem. (Buy liability insurance for losses or getting an independent contractor to do something instead of an employee)
Risk Acceptance
Live with the risk (Do nothing, if its a small risk where the benefits outweigh the problems you may encounter)
Civil Law vs Common Law
Civil Law is used only in Quebec and originated in Rome. Common Law is used everywhere else in Canada and originated in England.
Constitutional Law
Rules that govern the operation of law and politics
Administrative Law
Rules that govern the creation and operation of agencies boards tribunals and commisions
Tax Law
Rules regarding collection of money for public spending
Regulatory Law
Regulates operation of societal activities such as food, pharmaceuticals, trade and the enviroment
Criminal Law
Rules governing the wrongs against society. (White collar crimes are nonviolent committed by individuals) and corporate crimes (committed by a company itself)
Tort Law
Rules governing wrongs by one person against another person whether it be intentional (assault), negligence or Strict liability (animal attacks)
Contract Law
Voluntary rules governing the creation or enforcement of contracts
Property Law
Rules governing voluntary acquisition, use and disposition of property.
The Constituion
Basic document of rules for society, legal and political systems and is the highest source of law in Canada. Constitution is difficult to amend requiring parliament to approve + 2/3s of Provinces containing 50% of the population.
Federal Government law
Oversees criminal law, bankruptcy and copyright laws
Provincial Government Law
Oversees property and civil rights laws
Ultra Vires
beyond the power created by a government acting outside its area of authority
Charter of rights and freedoms
Document outlining the basic rights and freedoms available to all Canadians under law
Charter Breach
If the Charter is breached by law enforcement/government in order to collect evidence or maintain saftey it is considered a charter breach.
If the defendant is found guilty using evidence from the charter breach then the breach is overruled.
Class Actions
A large number of individuals suing an individual or usually corporation together. Must have a common issue against a common defendant. Helps individuals get funding to take on larger corporations who they feel wronged by.
Self-Representation in Court
You have the right to represent yourself in court. Not recommended as courts are complex and is only advisable when required otherwise represent yourself in simple matters.
Representation by Lawyers
Lawyers Must complete training and be called to the bar after passing examinations. Lawyers also carry liability insurance.
This form of representation is expensive however they are licensed and more trained in their field.
Representation by Paralegals
A non-lawyer providing legal advice and services within the areas allowed by law or regulation.
Paralegals are less expensive and specialize on certain consumer needs. However, do not undergo as rigorous as lawyers and may be unlicensed.
