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Midterm Review Notes Detailed summary of main topics covered before midterm. Includes material discussed in class, examples, points from class handouts and textbook. Excellent for midterm or final revision. Done in October 2010. (11 page word document)

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University of Toronto Mississauga
Manfred Schneider

MGT393: LEGAL ENVIRONMENT OF BUSINESS I MIDTERM REVISION NOTES Why study law? o Can affect success and failure of business o Impacts decisions made by businesses o Legal consequences affect profits and losses o Manage legal risk Identification: recognition of legal risks Evaluation: assessment of legal risks Response: reaction to legal risks Risk management: Risk avoidance: elimination of risk Risk reduction: minimization of risk Risk shifting: make the risk someone else's problem Risk acceptance: choose to live with the risk What is law? o Rules that govern an individual in a given society (which is DYNAMIC) o Should be consistent, predictable, certain Categorizing law: Positive Law: o International o Domestic Substantive (rights and duties that each person has in society) Public Tax Admin Constitutional Criminal Procedural (law that deals with the protection and enforcement of substantive rights and duties) Criminal Civil Substantive law is "what" the law is and procedural law deals with "how" the law is enforced. Sources of Law: o Constitution (includes charter) o Statutes (laws made by government) Criminal Code of Canada, Income Tax Act o Common law (English Common Law - judge-made law following precedents stare decisis: to stand by previous decisions Purpose: certainty, predictability, continuity, consistency, cases distinguished on their facts. o Municipalities pass by-laws, not statutes (they are corporations without shareholders) Page 1 of 11 Court Structure: o SCC (Supreme Court of Canada) - appellate court only, decision binds ALL courts in Canada, 9 judges o OCA (Ontario Court of Appeals) - first court of appeal, 3 judges, error of law or error of fact o Superior Court of Justice - trials take place Note: ON courts are bound by decisions made in the SCC, but consider decisions made in other provincial courts to be highly persuasive. ON courts also consider decisions made in HoL (House of Lords - highest court of appeal in England) to be persuasive. Role of the courts: o Determine the validity of legislation o Interpret legislation o Protect civil liberties (human rights) o Resolve disputes between private parties o Develop case law Overview of Civil Procedures: o Statement of Claim Plaintiff prepares it; legally significant facts, court issues it. You make a statement of claim which sets out the facts, the nature of the claim, the damages incurred and their cost, the legal fees to be paid or that has been incurred, and the interest you are entitled to for the money you put in court proceedings. o Serve Statement of Claim Plaintiff serves it on all defendants o Statement of Defense Defendant prepares it and serves it on plaintiff. Defendant normally has 30 days to issue this after a Statement of Claim has been issued. If it is not claimed within the given period, the plaintiff can go back to court, claim that the case has not been defended and request the judge for a Summary of Judgement o Pleadings: all the paperwork leading up to the trial Counterclaim: plaintiff sends defendant a Statement of Claim, defendant sends back Statement of Defense and a Statement of Claim, suing the plaintiff. Cross-claim: Multiple defendants - start making claims against each other 3rd party claim: another party sends a claim (usually insurance companies) o Affidavit of documents o Examination for discovery: asking questions outside of court Discovery of document Discovery of ______ o Motions o Setting down for trial o Pre-trial conference Judge directs the parties to attend a pre-trial conference before a judge or court officer to attempt to settle the case or narrow the issues. o Trial Plaintiff and defendant make opening statements. Plaintiff's witnesses are examined and cross-examined. Defendant's witnesses are examined and cross-examined. Plaintiff and defendant make closing arguments. Page 2 of 11 Limitation period: period within which action must be started Traditional: 6 years for contract and 2 years for tort. Modern: 2 years for contract and tort. Late claim is generally unenforceable. o Limitations Act: No limitation for criminal offense Civil proceedings: 7-15 days if its government-related 2 years if its contract or tort law The limitation is imposed from when you KNOW about the violation Note: if plaintiff is under 18 years of age or is suffering from mental illness, he/she needs to have a litigation guardian who is above 18 years of age and is not suffering from any mental disability. Costs: LOSER PAYS! Alternative Dispute Resolution (ADR): dispute resolution outside of court. o Disadvantages of litigation: slow, expensive, unpredictable, adversarial, public o Advantages of ADR: quicker, cheaper, controlled, cooperative, private o Types of ADR: negotiation, mediation and arbitration Class Actions: multiple claims against single defendant joined together in one action o Small claimants are able to share costs of litigation against large defendant o Requirements: Common issues among all class members Representative plaintiff who will act in interests of all members of the class Notification to all potential member
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