Chapter 1 Flashcards

1
Q

Why do we need law: What three things does the law protect?

A

People, property, and society.

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2
Q

Why do we need law: Who does the law give power to, and for what?

A

The gov’t; act for benefit of society.

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3
Q

Why do we need law: What does the law regulate? Give an example.

A

Interactions and relationships between individuals. Enables us to make legally binding agreements enforceable in court.

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4
Q

Most laws naturally evolve from…

A

Basic moral principles most people agree with..

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5
Q

Rule of law:

A

Legal principles under which everyone is treated equally, and which the gov’t must also abide by.

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6
Q

Public law:

A

law regulating government conduct and rs. between government and private individuals

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7
Q

Private law:

A

law regulating rs. between private entities

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8
Q

Compare natural law and legal positivism.

A

Natural law: unspoken rules (religious or moral) vs legal positivism (a law is a law once it is codified, and thus should be followed).

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9
Q

Criminal liability:

A

Responsibility from offence against gov’t or society.

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10
Q

Quasi-criminal or regulatory liability (also who enforced them and what are the consequences):

A

Responsibility from breach of less serious public law offences. Usually enforced through special tribunals , and offenders are often fined.

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11
Q

Civil liability (enforced through?):

A

Responsibility from breach of private law; enforced through a lawsuit.

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12
Q

What two characteristics of law are critical to know the “rules of the game?”

A

Predictability (consistency) and reliability.

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13
Q

What is black-letter law?

A

A set of universally applied rules that are applied mechanically and are rarely subject to debate.

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14
Q

Legal risk:

A

Any actions by a business that expose it to liability.

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15
Q

Legal risk management plan:

A

A plan to identify, prevent, and eliminate any legal risks in a company.

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16
Q

What is the first step of developing a legal risk management plan?

A

Undertake a legal audit.

17
Q

What is the second step of developing a legal risk management plan?

A

Prioritize any risks.

18
Q

What is the third step of developing a legal risk management plan?

A

Develop strategies to deal with risks.

19
Q

What is the fourth step of developing a legal risk management plan?

A

Implement the plan and revise it regularly.

20
Q

What are the four strategies to manage legal risks (hint: think of the cup of water on an airplane in bad weather)?

A

Avoid, reduce, absorb (self-insurance), transfer

21
Q

Solicitor-client privilege:

A

Client’s right to keep communications with lawyer confidential.

22
Q

Retainer:

A

Contract between lawyer and client showing the work that will be done, and the fee that will be charged.

23
Q

Corporate social responsibility:

A

Suggests that business decision-makers consider ethical issues in additional to financial and legal concerns.

24
Q

Basic law:

A

The constitution; the binding legal principles for the citizens of a country.

25
Q

Statutes:

A

Legislation passed by gov’t.

26
Q

Regulations:

A

Administrative rules authorized by a statute and implemented by gov’t.

27
Q

Case law

A

Legal cases developed by courts that shape the law and set precedents to future cases.

28
Q

What are the two levels of gov’t?

A

Provincial and federal.

29
Q

What act gives each level of gov’t independent authority.

A

Constitution Act, 1867.

30
Q

Ultra vires

A

An act is outside the jurisdiction of the legislature and is considered invalid.

31
Q

Human rights:

A

Recognized entitlements that encompasses basic freedoms and human necessity.

32
Q

What is Section 52 (1) of the constitution?

A

The supreme law of Canada. Any law inconsistent with its provisions is invalid to the extent of the inconsistency.

33
Q

What is the notwithstanding clause (Section 33)?

A

Allows a legislature to override certain sections of the charter, and expires after 5 years unless re-enacted (sunset clause).

34
Q

Are any of the charter rights absolute?

A

No; they are subject to justifiably reasonable limits.

35
Q

Burden (give an example):

A

When a party is required to prove its case by establishing facts and law e.g. the gov’t must prove that an infringement of a charter right is justifiable.

36
Q

Who does the Charter mostly apply to?

A

It mostly applies to governments and their respective activities.

37
Q

What are the three ways to challenge the validity of a statute?

A

i) ultra vires, ii) violates the Charter iii) legislative interpretation is incorrect and does not apply