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28 Cards in this Set
- Front
- Back
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The act of identifying, evaluating, and responding to the possibility of harmful events. |
Risk Management
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What are the risk management strategies? |
-Risk Avoidance -Risk Reduction -Risk Shifting -Risk Acceptance |
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What are some ways to help deal with individual problems related to risk management as they arise? |
-Insurance -Exclusion and Limitation Clauses -Incorporation (Limited Liability) |
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What is a law? |
A law is a rule that can be enforced by the courts. |
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Where did the Civil Law system come originate from and where is it used today? |
-Originated in ancient Rome -Used in most European countries and Quebec |
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Where did the Common Law system come originate from and where is it used today? |
-Originated in England -Used by most former British Colonies |
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What is Public Law? |
Public law is concerned with the governments and the ways in which they deal with their citizens. |
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What are the subsets of Public Law? |
-Constitutional Law (Basic rules of our political and legal systems) -Administrative Law (Concerned with the creation and operation of administrative agencies, boards, commissions, and tribunals. -Criminal Law (Deals with offences against the state) -Tax Law (Concerned with the rules that are used to collect money for public spending) |
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What is Private Law? |
Private Law is concerned with the rules that apply in private matters. |
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What are the subsets of Private Law? |
-The law of torts (Private Wrong) -The law of contracts (concerned with the creation and enforcement of agreements) -The law of property (concerned with the acquisition, use, and disposition of property) |
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What are the three sources of law in Canada? |
-the Constitution -legislation -the courts |
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How is the constitution amended in Canada? |
-consent of parliament -at least 2/3 of provincial legislatures must agree representing at least 50% of Canada's population |
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What are residual powers? |
-gives the federal government authority over everything that is not specifically mentioned in the Constitution |
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Name some areas that the federal government has control of. |
-criminal law -taxation -employment insurance -banks -bankruptcy -money -international and interprovincial trade and commerce -navigation and shipping -copyright |
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Name some areas that the provincial/territorial governments have control of. |
-property and civil rights (eg contracts, torts) -direct taxation to raise money for provincial purposes -the creation of municipalities |
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What is it called when a governing body acts outside its powers? |
-ultra vires |
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What is the doctrine of federal paramountcy? |
-it determines which law is pre-eminent based on the Constitution's division of powers |
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What type of freedoms and rights does the Charter of Rights and Freedoms contain? |
- the fundamental freedoms (religion, thought, expression, press, peaceful assembly, and association) -Mobility rights -Equality rights |
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What type of rights does the Charter not adress? |
-Property rights (rights to to own and enjoy assests) -Economic rights (rights to carry on business activities) |
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Who does the charter apply to?
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-it applies to government behaviour towards an individual or person -the charter does not apply directly to disputes involving private parties |
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What is a corporation in the eyes of the charter? |
-a corporation is a type of person but is not an individual |
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Define reasonable limits as defined in Section 1 of the Charter. |
-Courts acknowledge it is sometimes acceptable to violate the Charter and that the law can still be enforced |
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Define the notwithstanding clause (Section 33 of the Charter). |
-a government can enforce a law even if it violates the Charter and must be renewed every 5 years |
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Name and describe the remedies that occur when the Charter is violated. |
-Declaration (declare that the Charter has been violated, forcing legislature to take corrective action) -Injunction (requires government to address the problem in a certain way) -Striking down (eliminate the statute either immediately or a temporary suspension) -Severance (cut out one part out of the statute) -Read down (if the statute is too broad, it can be read down so it only applies where it's justified) -Read up (if the statute is too narrow, it can be read up so it can be subjected to a broader interpretation) -Damages (for injuries or losses that have been suffered) |
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Define parliamentry supremacy. |
-means that while a judges are required to interpret constitutional and statutory documents they must also obey them |
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Describe the process of a bill becoming law. |
- the Bill is introduced in the House of Commons and passes the first reading with majority supporty of MPs -the second reading is where the bill is discussed in more detail and then sent to a legislative committee for detailed study -the third reading is the final reading of the bill -it is then sent to the Senate for where the process is repeated -finally it is sent to the Governor General for Royal Assent |
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What is subordinate legislation? |
-is the term given to regulations that are created with the authority of Parliament or the legislature (CRTC) |
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Which two courts were separate in the Old English system? |
-Court of Law (applied law strictly and rigidly) -Court of Equity (applied law with fairness in mind not laws) |
