Risk, ethics and law.

Question 1

What is the law?

Answer 1

The body of rules, whether formally enacted or customary, which a country or community recognizes as binding on its members or subjects. A set of rules which are generally obeyed and enforced within a politically organized society.

Question 2

Positive Law

Answer 2

all the laws duly enacted by a body having the authority to enact and enforce them.

Question 3

Natural Law

Answer 3

Those laws that are just and justifiable on moral, religious, or philosophical grounds regardless of whether or not the state has enacted or has failed to enact them.

Question 4

4 Categories of Law

Answer 4

Substantive, Procedural, Public, Private

Question 5

Substantive law

Answer 5

The rights an individual had in society as well as the limits.
The right to travel, the right to vote, and to own property
Prohibitions against theft, murder or harming our neighbors are also examples of substantive law.

Question 6

Procedural law

Answer 6

Determines how the substantive law will be enforced.
The rules governing arrest, investigation, and pre-trial and court process in both criminal and civil are examples of procedural law

Question 7

Public Law

Answer 7

Constitutional law that determines how the country is governed and the laws that affect an individuals relationship with government

Question 8

Private Law

Answer 8

Rules that govern our personal, social and business relations, which are enforced by one person suing another in a private or civil action

Question 9

Purposes of Law

Answer 9

• Maintain the integrity of the countries boundaries
• To maintain law and order within the country
• To protect citizens from each other
• To provide a civilized forum for resolving disputes between citizens.
• To provide citizens from illegal or oppressive government action.

Question 10

examples of public law

Answer 10

Constitutional, criminal and administrative

Question 11

Examples of Civil

Answer 11

Contract, commercial, property, tort, family, labour.

Question 12

Stare Decisis

Answer 12

Look for similar circumstances and usually follow whats happened in the past. If its something new they set a precedence.

Question 13

The supreme court handles …

Answer 13

1. ) criminal appeals from a provincial court of appeal
2. ) Civil appeals from a provincial court appeal
3. ) Appeals from the federal court of Canada
4. ) References on constitutional matters.

Question 14

The two divisions of federal court of canada

Answer 14

Trial and appeal

Question 15

Appeal Division

Answer 15

hears appeals from the trial division, hears applications concerning decisions of federal boards, commissions and other tribunals

Question 16

Trial Divisions

Answer 16

jurisdiction over federal provincial or inter provincial disputes, maritime law, trademarks, copyrights and patents.

Question 17

The superior provincial court handles..

Answer 17

Cases involving serious indictable offences unter the criminal code, including treason, murder and conspiracy,
Cases involving offences under the criminal code that may proceed by election with or without a jury.
Civil cases involving sums over a set amount.
Appeals of summary conviction offences
Appeals from small claims courts.

Question 18

Civil procedures divided into 5 stages

Answer 18

Pleadings 
discoveries
Pretrial or mediation 
Trial
Appeal