Chapter 1: Risk Management and Sources of Law Flashcards Preview

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

Flashcards in Chapter 1: Risk Management and Sources of Law Deck (62):
1

Risk Management

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

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Liability

Risk of being held legally responsible.

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Law

A rule that can be enforced by the courts.

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Civil Law

Systems that trace their history to ancient Rome.

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A Jurisdiction

A geographical area that uses the same set of laws.

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Common Law

Systems that trace their history to England.

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Public Law

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

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Public law includes:

- Constitutional law.
- Administrative law.
- Criminal law.
- Tax law.

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Constitutional Law

Provides the basic rules of our political and legal systems.

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Administrative Law

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

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Criminal Law

Deals with offences against the state.

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White Collar Crime

Committed by people in suits.

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Corporate Crime

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

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Tax Law

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

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Private Law

Concerned with the rules that apply in private matters.

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3 divisions in private law:

1. Torts.
2. Contracts.
3. Property.

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Tort

A private wrong.

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3 divisions in torts:

1. Intentional torts.
2. Business torts.
3. Negligence.

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The Law of Contracts

Concerned with the creation and enforcement of agreements.

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The law of contracts includes:

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

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The Law of Property

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

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3 divisions in the law of property:

1. Real property.
2. Personal property.
3. Intellectual property.

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Law of Succession

Distribution of property after death.

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Law of Trusts

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

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3 sources of law:

1. The Constitution.
2. Legislation.
3. The courts.

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The Constitution

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

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2 significant consequence of the Constitution:

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

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Federal Country

Has two levels of government.

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Division of Powers

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

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Residual Power

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

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Ultra Vires

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

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Doctrine of Federal Paramountcy

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

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

Federal.

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Property Rights

The rights to own and enjoy assets.

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Economic Rights

The rights to carry on business activities.

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Does the Charter include property rights or economic rights?

No.

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Does the Charter govern disputes involving private parties?

No.

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Declaration

Court simply declares the Charter has been violated.

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Injunction

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

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Striking Doen

Eliminate a statute that violates the Charter.

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Severance

Cutting out a part of the Charter.

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Reading Down

Making it more specific.

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Reading In

Making it broader.

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Damages

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

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Parliamentary Supremacy

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

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Legislation

Law that is created by Parliament of a legislature.

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When is a bill discussed in parliament?

Second reading.

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

No, it must receive royal assent.

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Subordinate Legislation

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

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A Municipality

A town or city.

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By-Law

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

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Common law can refer to...

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

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What is common law as a system of law?

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

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What is common law as a source of law?

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

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What is common law as a type of court?

Derived from the courts of equity.

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Court of Laws

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

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Court of Equity

Courts to which plaintiffs asked the king for relief.

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Equity

In a general sense, fairness.

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Trust

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

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Express Trust

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

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In an express trust, who legally owns the property:

The trustee.

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

The beneficiary.