Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
41 Cards in this Set
- Front
- Back
|
Law |
All the rules of conduct established and enforced by the authority, Legislation, or custom of a given community |
|
|
5 Sources of Law |
Custom (of societies), Actions of Representatives (Government), Decision of Courts, Actions of Administration Agencies, Agreements between people. |
|
|
Substantive Law |
the rights and duty that each person has in society |
|
|
Procedural Law |
Rules that deal with how rights and duties may be enforced |
|
|
Public Law |
regulation of relationship of government and people |
|
|
Private Law |
regulates the relationship between private persons and groups of private people |
|
|
Civil Law |
The system of law involving a comprehensive legislated code. |
|
|
Court System of BC |
Criminal, Family, Small Claims (up to 25,000$) Provincial Court BC Supreme Court BC Court of Appeal Supreme Court of Canada Tax court of Canada Federal Court Trial Division Federal Court of Appeal |
|
|
5 roles of the court |
1.Arbiters of the Constitution 2.Interperation of Legislation 3. Protection of Civil Liberty 4. Enforcement of Public Policy 5. Arbiters of Disputes Between Private Parties |
|
|
13 Steps in the Legislation Process |
Demand Letter Negotiation writ of summon statement of claim appearance statement of defence reply demand for discovery of documents interrogatories examination for discovery set trail date trail appeal |
|
|
Basis for Liability In Torts |
Fault Strict Liability Vicarious Liability |
|
|
Fault |
unjustifiable conduct that intentionally or carelessly disregard the interests of others |
|
|
Strict Liability |
Not at fault but still liable |
|
|
Vicarious Liability |
the liability of an employer to compensate for torts committed by an employee during his or her employment |
|
|
The most important tort is? |
Negligence |
|
|
Negligence Formula |
You must have: Duty of Care Owed Breach Causation Remoteness (Not too remote) Contributory Negligence |
|
|
Duty of Care |
you must take reasonable care to avoid acts or omission which you can reasonably foresee would be liekly to injure your neighbour |
|
|
Breach of standard of care |
there is an average standard that follows the reasonable person standard. this is different for children and mentally incapable people |
|
|
Causation |
the breach was the effective cause of the injury |
|
|
Remoteness (Not too remote) |
trying to determine if what occurred is too bizaar |
|
|
Contributory Negligence |
all of the things that you yourself caused to yourself |
|
|
Deceit |
deceptive statement that misleads or deceived another to its prejudice |
|
|
assault and battery |
Assault - threat of battery/ violence Battery - harmful and intentional contact of the body of another |
|
|
Nervous Shock |
when you intentionally or recklessly cause another nervous shock or distress |
|
|
false imprisonment |
intentionally restraining the movement without lawful justification |
|
|
malicious prosecution |
hated prosecution. causing someone to go to court because you hate the person |
|
|
defamation |
lowering a persons reputation in the eyes of right thinking members of society |
|
|
Professional Liability |
Contractual Fiduciary Duty Tort (Negligent Misrepresentation) |
|
|
Contractual Obligation |
agreement to provide professional services to a client contains a promise, water stated or not, to perform those services competently |
|
|
Fiduciary Duty |
a person who owes a duty of utmostloyalty and goodfaith in a special relationship of trust
|
|
|
Negligent Misrepresentation |
an unintentional tort imposing liability when an incorrect statement is made without due care for its accuracy, and injury is caused |
|
|
Dutyof Care |
extends to third party and omissions, Breach of the relevant standard |
|
|
Hedley byrne principle |
a professional does owe duty to anunknown third party, as long as there is a closed and direct connection |
|
|
Reliance |
has the client relied on that advice? |
|
|
What is ADR? |
ANY MECHANISM TO RESOLVE A DISPUTE OUTSIDE OF LITIGATION AND COURT SYSTEM |
|
|
Advantages of ADR |
lower cost reduced time to resolve confidential greater control over process business advantage specialized expertise opportunity for conciliation |
|
|
Disadvantages of ADR |
possible inequity of bargaining power lack of enforcement of document disclosure possible lack of finality enforcement challenges less safe guards |
|
|
Types of ADR |
Negotiation Confidential listening Mediation Neutral Evaluation Mini-Trials(Both sides argue to an expert to evaluate) Arbitration (hire someone to act as judge) Arb/Med Medaloa ( mediation and last offer arbitration - last resort, starts as mediator, then becomes arbitration.) |
|
|
Contract Law |
Voluntary legal relationships. It is a set of promises that the law will enforce |
|
|
Six General Rules for Offer andAcceptance |
1. Contract doesn't exist until an offer is made by one person, and accepted by another 2. indentation to do business is not an offer 3. an offer must be communicated 4. an offer has lapsed if a specific time period for acceptance has expired, a reasonable time period has expired, or either offeror or the offer dies or becomes insane 5. An offer may be revoked at anytime prior to acceptance 6. Contract becomes binding the moment an offer is accepted |
|
|
ANALYSISTO DETERMINE TIME AND LOCATION OF “ACCEPTANCE” |
1. Identify method of communication 2. Ask is this an accepted method of communication? yes if method specified in the offer or used in the offer 3. If no to step 2 then acceptance occurs when recieved 4. If yes to step 2 then follow rules for each method of communication |
