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Business Law Ch 1
Business Law
| Question | Answer |
|---|---|
| Rule that says no one is exempt from the law (protects citizens from government tyranny) | Rule of law |
| The ability to make or enforce law | Jurisdiction |
| The system of law that allows judges to interpret statues independently from previous similar case outcomes | Civil law |
| The system of law where where statutes mean what courts interpret them to mean and where courts have the authority to make law where no legislative statute exists and to establish precedent | Common law |
| stare decisis | principle that requires judges to follow decisions of higher courts in similar cases |
| principle requiring that a rule set out by a court in a decided case be applied to a new case | doctrine of precedent |
| the basis upon which all other laws are created | Canadian Constitution |
| branch of government is the branch that is democratically elected and whose function it is to introduce, vote on, and pass legislation, also known as statute law. | Legislative Branch |
| In charge of citizenship, criminal law, military and national defense, banking and printing of money, postal services, intellectual property, taxation of any kind, shipping, and interprovincial trade and commerce. | Legislative Branch (Federal) |
| responsible for legislating in matters that affect the welfare of people, such as education, hospital administration, the administration of justice | Provincial Government |
| Usually the type of government that directly impacts most businesses | Provincial Government |
| regulate those things that impact the safety or enjoyment of property in the community. | Municipal Government |
| Sometimes, however, the federal and provincial governments will share law-making authority. | concurrent jurisdiction. |
| rule that establishes that where there is a conflict between valid federal and provincial law, the federal law will prevail and, where it conflicts, the provincial law will be inoperative | doctrine of paramountcy |
| branch of government at both the federal and provincial levels responsible for implementing and enforcing the laws made by the legislative branch | executive branch |
| rules created by the executive branch of government that have the force of law | Regulations |
| government is composed of judges whose function it is to adjudicate; they do so by interpreting and applying the law to disputes that are brought before the courts | Judicial Branch |
| When government creates law that is outside its authorized jurisdiction, it is acting unconstitutionally (Judiciary has this power to declare) | ultra vires |
| constitutional convention that allows the legislature to override judge-made law. (Must act within constitution and their jurisdiction) | Parliamentary supremacy |
| proclaims important rights and freedoms of people in Canada, including equality rights, legal rights, democratic rights, and fundamental freedoms. | The charter |
| protects rights and freedoms from government interference. It places a limit on the power of government and applies to both levels and all branches of government | The charter |
| not protected in the charter | Property rights and economic rights |
| Each time a court hears a constitutional challenge about whether a law has violated the Charter, the court must consider whether the law imposes | a reasonable limit |
| rules that establish rights and limits | substantive law |
| rules that establish the process of how substantive law will be enforced | procedural law |
| rules that govern the relationship between persons (including corporations) and government | public law |
| rules that govern the relationship between persons (including corporations) where there is no government involvement | Private law |
| civil wrong, other than a breach of contract, for which damages may be sought to compensate for any harm or injury sustained | torts |
| rules established by the federal government that govern the standard of acceptable behaviour in society, the breach of which results in fines and imprisonment | Criminal law |
| representative of the government who is responsible for presenting the government’s case in public law matters against an accused person charged with an offence; also known as Crown attorney | prosecutor |
| party who is sued in a lawsuit; person accused of an offence | Defendant |
| breaking a rule contained in a statute that can result in fines or other penalties but is not a criminal offence (made by provincial law less serious than criminal law) | regulatory offence |
| party who commences a lawsuit (the party who is suing) | plaintiff |
| legally responsible | Liable |
| losses suffered as a result of the commission of a tort or a breach of contract, or monetary compensation awarded for those losses | damages |
| refers to the responsibility to prove the case in court | Burden of Proof |
| the burden of proof will be on the prosecutor | Public law |
| refers to the degree of proof that must be provided to satisfy the court that the allegations are true. | Standard of proof |
| the prosecutor will have to establish the defendant’s guilt beyond a reasonable doubt. | In a criminal case |
| In a ____ Balance of probabilities, the plaintiff has a lower standard of proof | private lawsuit |
| Private law the burden of proof is on the | plaintiff |
| standard of proof in civil (as opposed to criminal) law indicating that one version of events is more probable than another | balance of probabilities |
| body of rules applied to monitor decision-making powers of government agencies | administrative law |
| government body that administers and enforces a particular area of law | administrative agency |
| government body that has decision-making power regarding an administrative matter | administrative tribunal |
| principle encompassing the right to be heard, the right to hear the case against you, the right to reply to the case, and the right to an unbiased decision-maker; also known as procedural fairness | rules of natural justice |
| process whereby a court reviews the decision of an administrative tribunal | Judicial Review |
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