Chapter1-6

Question 1

statute law

Answer 1

a law passed by federal or provincial government that includes laws that regulate business and people.
*referred to as legislation or acts

Question 2

common law

Answer 2

a system of judge made laws originated in England, inherited by Canada as a British colony

Question 3

3 regimes of work law

Answer 3

• common law regime
• collective bargain regime
• regulatory regime

Question 4

tort

Answer 4

a type of wrongful act done by one person to another person or property that a judge has recognized as legally actionable

Question 5

precedent

Answer 5

a earlier decision by a judge that dealt with the same, or very similar legal actions
also know as Stare Decisis; latin for “to stand by a previous decision”

Question 6

injunction

Answer 6

a legal order issued by a judge prohibiting a person from from engaging in a particular course of action, such as breaching a contract or violating a tort

Question 7

jurisdiction

Answer 7

the scope of authority over which a government, court or expert administrative power has the power to govern.

Question 8

levels of Canadian courts

Answer 8

Supreme Court of Canada
Courts of appeal
Courts of first instance

Question 9

strike

Answer 9

a collective refusal to perform work by employees

Question 10

arbitrator

Answer 10

an independent third party used to settle a dispute

Question 11

independent contractor

Answer 11

a worker who is in business for themselves, therefor, is not an employee

Question 12

vicarious liability

Answer 12

a legal rule which an employer is liable for the actions of their employees

Question 13

bona fide

Answer 13

real. without intent to deceive

Question 14

civil litigation

Answer 14

the process involved with lawsuits filed in court not involving criminal law statutes

Question 15

5 elements of a contract

Answer 15

• offer and acceptance (consensus)
• agreement
• consideration
• capacity
• legality

Question 16

the main perspectives that shape the laws of work

Answer 16

• Neoclassical perspective
• Management perspective
• industrial pluralistic perspective
• the critical reformist
• radical perspective

Question 17

master and servant law

Answer 17

a body of legislation that related the work of the servants, agriculture and craft workers in England

Question 18

reception

Answer 18

when the British established a new colony it specified that the current laws of England would be adapted to the colony

Question 19

justice of the peace

Answer 19

in the 19th century, a local noble appointed to represent the crown to resolve legal matters

Question 20

restitiution

Answer 20

restoring something that has been stolen or lost to it rightful owner

Question 21

legislation

Answer 21

a law that is created by parliament or a legislature

Question 22

legislature

Answer 22

A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city

Question 23

3 areas of private law

Answer 23

law of torts
law of contracts
law of propery

Question 24

plaintiff

Answer 24

person making the complaint

Question 25

seizure

Answer 25

assets seized + sold

Question 26

garnish

Answer 26

forces employer to pay part of income to plaintiff

Question 27

types of torts

Answer 27

``` intentional negligent (acting careless) strict liability (didn't mean to act carelessly, but did ) ```

Question 28

assault

Answer 28

making the defendant believe you are going to assault them or cause them harm or causing threatening contact

Question 29

battery

Answer 29

actual contact

Question 30

malicious prosecution

Answer 30

occurs when the defendant improperly causes the plaintiff to be prosecuted

Question 31

volenti

Answer 31

when someone willingly puts themselves in a position where harm may be the result

Question 32

test used to determine if there is an intent to make a contract

Answer 32

reasonable persons test

Question 33

duty of care

Answer 33

legal obligation to adhere to reasonable care in any situation that could cause harm to others

Question 34

fraudulent misrepresentation

Answer 34

lying to trick someone into a agreement that causes harm

Question 35

summary dismissal

Answer 35

termination of an employment contract by an employer without notice to the employe in response to a serious breach of contract by the employee