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Business Law

Unit One ( Chapter One-Four)

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
Created by: Marlenathibeault