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Business Law
Unit One ( Chapter One-Four)
Question | Answer |
---|---|
What is the goal of the Canadian Legal System? | To govern the branches of government ( Executive, judicial and legislative) |
What does the legislative branch do? | Passes bills, statue law, and power to enact laws. ( Three different jurisdictions) |
What does the executive branch do? | Generates and implements government policy, such as: Formal ( Ceremonies), Political ( Day to day operations) and the cabinet |
What does the judicial branch do? | Create precedents, solve disputes, judges and courts |
What are the different courts in the system of courts? (5) | Supreme Court of Canada ( Last appeal) Federal Court of Canada ( Litigation with federal gov) Inferior court ( Provincial) Small Claims Court (Limit of $25,000) Superior Court |
What are the sources of law? | The main two are common law ( Precedents) and statue law ( Legislative), the other is the royal prerogative |
What are the classifications of law? | Domestic law, international law, substantive law, procedural law, private and public, common law, civil law, and administrative law. |
What are the steps to creating a LRM? ( Legal Risk Management Plan) | Step One: Identify the Legal Risks, Step Two: Evaluate the risks, Step Three: Devise a legal risk management plan and Step Four: Implement the plan |
What does "ADR" stand for? | Alternative Dispute Resolution |
What are the stages of a lawsuit? | Pleadings, claim ( Plaintiff), defense, counterclaim, discover ( closing evidence), trial, burden of proof, evidence, decisions, cost |
What is the rule of law? | No one is above the law |
What is the role of judges? | Interpret the law, create precedents and give fair hearing. |
What does the Canadian Charter of Rights protect us from? | Fundamental freedoms ( Freedom of conscious, religion, thought, belief, opinion, peaceful assembly, and association) and equality rights. |
What does section one of the Charter of Rights state? | Our rights are guaranteed but are they obsolete? ( With rights comes responsibilities) |
What are the methods of ADR? | Mediation, Arbitration and litigation |
What is mediation? | Third neutral party gives input on situation ( Not binding) |
What is arbitration? | Third neutral party makes decision ( Binding) |
What is litigation? | Suing |
What does the Canadian Charter of Rights form part of? | The Constitution Act of 1982 |
What is the burden of proof and who is responsible for it? | The plaintiff, and it is the balance of probabiltiies |
What are the types of offenses in criminal law? | Indictable ( Serious like murder) Summary ( Minor) |
What is public law? | Criminal and constitutional law |
What is private law? | Torts, contracts,and property |
What is a plaintiff? | The one who initiates the suing or other known as the victim |