Unit 1 Flashcards
(21 cards)
what are some risk managment strategies?
avoidance, reduction, shifting and acceptance
what are some risk management techniques?
insurance, exclusion and limitation clause, incorporation
what is civil law?
traces its history to ancient rome
what is common law?
traces its history to england
what is public law?
concenred with governments and the ways in which they deal with their citizens
what is constitutional law?
provides the basic rules of our political and legal systems
what is administrative law?
is concerned with the creation and operation of administrative agencies, boards, comissions and tribunals
what is criminal law?
deals with offences against the state
what is private law?
is concerned with rules that apply to private manners
what is a tort?
a private wrong and generally consists of a failure to fulfill a private obligation that was imposed by law
what is the law of contracts?
is concerned with the creation and enforcement of agreements
what is the division of powers?
states the areas in which each level of government can act
what is residual power?
gives the federal government authority over everything that is not specifically mentioned
what is ultra vires?
literally means “beyond the power” if it was created by a government acting outside of its own area of authority
what is the doctrine of federal paramountcy?
determines which law applies based on the constitutions division of powers
what are treaty rights?
rights that are provided for and contained in treaty documents that were created between indigenous people and the crown
what is the duty to consult?
requires the crown to consult with indigenous peoples whenever it intends to act in a way that may adversely affect indigenous rightd
what are accomodations?
occur when a proposed project is adjusted or modified in response to indigenous concerns
what is a veto?
is a right to reject a proposed project or prevent it from occuring
what is subordinate legislation?
is the term given to regulations that are created with the authority of the parliament or the legislature
what is a bylaw?
a type of subordinate legislation
