LAW 122- Final Exam Guide - Comprehensive Notes for the exam ( 123 pages long!)
30 Nov 2017
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Document Summary
Risk management: process of identifying, evaluating & responding the possibility of harmful events: risk avoidance (remove, outweigh, risk reduction, risk shifting (insurance & exclusion clauses, risk acceptance. Civil law ancient rome; jurisdiction code based (use in france, most of europe, louisiana & quebec) private law rather than public law civil litigation: contracts/ torts. Common law history to england; used in commonwealth: england, austria, new zealand, most of canada judge-made laws (dispute based) rather than legislators. Does not contain property rights/ economic rights. Restrictions: government action; corporations; reasonable limits; notwithstanding clause. Remedies: declaration; injunction; striking down (eliminate); severance (offensive), reading down (write broadly)& reading in (write narrowly); damages. Legislation: law created by parliament/ legislature, subordinate legislation: create regulation w/ authority of parliament/ legislature, by-law: type of subordinate legislation that create by municipality license business, impose taxes, plan commercial development & regulate parking.
