Busi 3613 Chapter 1-4

Front 1

SPAM

Back 1

Unsolicited e-mail advertising a product or service.

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BUSINESS LAW

Back 2

A set of established rules governing commercial relationships, including the enforcement of rights.

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LAW

Back 3

The set of rules and principles guiding conduct in society.

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BREACH OF CONTRACT

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Failure to comply with a contractual promise.

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CONTRACT LAW

Back 5

Rules that make agreements binding and therefore facilitate planning and the enforcement of expectations.

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LITIGATION

Back 6

The process involved when one person sues another.

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MEDIATION

Back 7

A process through which the parties to a dispute endeavour to reach a resolution with the assistance of a neutral person.

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ARBITRATION

Back 8

A process through which a neutral party makes a decision (usually binding) that resolves a dispute.

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LIABILITY

Back 9

Legal responsibility for the event or loss that was occurred.

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LEGAL RISK MANAGEMENT PLAN

Back 10

A comprehensive action plan for dealing with the legal risks involved in operating a business.

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BUSINESS ETHICS

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Moral principles and values that seek to determine right and wrong in the business world.

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STATEMENT OF CLAIM

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A document setting out the basis for a legal complaint.

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GOVERNMENT POLICY

Back 13

The central ideas or principles that guide government in its work, including the kind of laws it passes.

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CONSTITUTIONAL LAW

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The supreme law of Canada that constrains and controls how the branches of government exercise power.

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LIBERALISM

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A political philosophy that elevates individual freedom and autonomy as its key organizing value

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CANADIAN LEGAL SYSTEM

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The machinery that comprises and governs the legislative, executive, and judicial branches of government.

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CONSTITUTIONAL CONVENTIONS

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Important rules that are not enforceable by a court of law but that practically determine or constrain how a given power is exercised.

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LEGISLATIVE BRANCH

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The branch of government that creates statute law.

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STATUTE LAW

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Formal, written laws created or enacted by the legislative branch of government.

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JURISDICTION

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The power that a given level of government has to enact laws.

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EXCLUSIVE JURISDICTION

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Jurisdiction that one level of government holds entirely on its own and not on a shared basis with another level.

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CONCURRENT JURISDICTION

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Jurisdiction that is shared between levels of government.

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PARAMOUNTCY

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A doctrine that provides that federal laws prevail when there are conflicting or inconsistent federal and provincial laws.

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BYLAWS

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Laws made by the municipal level of government.

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RATIFY

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To authorize or approve.

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TREATY

Back 26

An agreement between two or more states that is governed by international law.

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FORMAL EXECUTIVE

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The branch of government responsible for the ceremonial features of government.

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POLITICAL EXECUTIVE

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The branch of government responsible for day-to-day operations, including formulating and executing government policy, as well as administering all departments of government.

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CABINET

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A body composed of all ministers heading government departments, as well as the prime minister or premier.

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REGULATIONS

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Rules created by the political executive that have the force of law.

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JUDICIARY

Back 31

A collective reference to judges.

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JUDGES

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Those appointed by federal and provincial governments to adjudicate on a variety of disputes, as well as to preside over criminal proceedings.

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INFERIOR COURT

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A court with limited financial jurisdiction whose judges are appointed by the provincial government.

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SMALL CLAIMS COURT

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A court that deals with claims up to a specified amount.

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SUPERIOR COURT

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A court with unlimited financial jurisdiction whose judges are appointed by the federal government.

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SUPREME COURT OF CANADA

Back 36

The final court for appeals in the country.

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FEDERAL COURT OF CANADA

Back 37

The court that deals with some types of litigation involving the federal government.

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CANADIAN CHARTER OF RIGHTS AND FREEDOMS

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A guarantee of specific rights and freedoms enshrined in the Constitution and enforceable by the judiciary.

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BILL

Back 39

Proposed legislation.

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ROYAL PREROGATIVE

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Historical rights and privileges of the Crown, including the right to conduct foreign affairs and to declare war.

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COMMON LAW

Back 41

Rules that are formulated in judgments.

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PRECEDENT

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An earlier case used to resolve a current case because of its similarity.

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EQUITY

Back 43

Rules that focus on what would be fair given the specific circumstances of the case, as opposed to what the strict rules of common law might dictate.

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DOMESTIC LAW

Back 44

The internal law of a given country, which includes both statute and case law.

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INTERNATIONAL LAW

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Law that governs relations between states and other entities with international legal status.

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SUBSTANTIVE LAW

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Law that defines rights, duties, and liabilities.

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PROCEDURAL LAW

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The law governing the procedure to enforce rights, duties, and liabilities.

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PUBLIC LAW

Back 48

Areas of the law that relate to or regulate the relationship between persons and government at all levels.

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PRIVATE LAW

Back 49

Areas of law that concern dealings between persons.

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CIVIL CODE OF QUEBEC

Back 50

The rules of private law that govern Quebec.

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ADMINISTRATIVE LAW

Back 51

Rules created and applied by those having governmental powers.

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LEGAL RISK

Back 52

A business risk with legal implications.

Front 53

LEGAL RISK MANAGEMENT PLAN

Back 53

A comprehensive action plan for dealing with the legal risks involved in operating a business.

Front 54

RISK AVOIDANCE

Back 54

The decision to cease a business activity because the legal risk is too great.

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RISK REDUCTION

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Implementation of practices in a business to lower the probability of loss and its severity.

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RISK TRANSFERENCE

Back 56

The decision to shift the risk to someone else through a contract.

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RISK RETENTION

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The decision to absorb the loss if a legal risk materializes.

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LAWYER

Back 58

A person who is legally qualified to practise law.

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LAW FIRM

Back 59

A partnership formed by lawyers.

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NEGOTIATION

Back 60

A process of deliberation and discussion used to reach a mutually acceptable resolution to a dispute.

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ALTERNATIVE DISPUTE RESOLUTION (ADR)

Back 61

A range of options for resolving disputes as an alternative to litigation.

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MEDIATOR

Back 62

A person who helps the parties to a dispute reach a compromise.

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ARBITRATOR

Back 63

A person who listens to both sides of a dispute and makes a ruling that is usually binding on the parties.

Front 64

BINDING

Back 64

Final and enforceable in the courts.

Front 65

CLASS ACTION

Back 65

A lawsuit launched by one person who represents a larger group whose members have similar claims against the same defendant.

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LIMITATION PERIOD

Back 66

The time period specified by legislation for commencing legal action.

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PLAINTIFF

Back 67

The party that initiates a lawsuit against another party.

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DEFENDANT

Back 68

The party being sued.

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PLEADINGS

Back 69

The formal documents concerning the basis for a lawsuit.

Front 70

CLAIM

Back 70

The formal document that initiates litigation by setting out the plaintiff's allegations against the defendant.

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DEFENCE

Back 71

The defendant's formal response to the plaintiff's allegations.

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COUNTERCLAIM

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A claim by the defendant against the plaintiff.

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DISCOVERY

Back 73

The process of disclosing evidence to support the claims in a lawsuit.

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TRIAL

Back 74

A formal hearing before a judge that results in a binding decision.

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BURDEN OF PROOF

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The obligation of the plaintiff to prove its case.

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EVIDENCE

Back 76

Proof presented in court to support a claim.

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DECISION

Back 77

The judgment of the court that specifies which party is successful and why.

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COSTS

Back 78

Legal expenses that a judge orders the lower to pay the winner.

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JUDGMENT DEBTOR

Back 79

The party ordered by the court to pay a specified amount to the winner of a lawsuit.

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APPEAL

Back 80

The process of arguing to a higher court that a court decision is wrong.

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APPELLANT

Back 81

The party who begins or files an appeal.

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RESPONDENT

Back 82

The party against whom an appeal is filed.

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CONTINGENCY FEE

Back 83

A fee based on a percentage of the judgment awarded and paid by the client to the lawyer only if the action is successful.