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Midterm exam notes (chapters 1-5)

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Law and Business
LAW 122
Heidi Francis

CHAPTER 1RISK MANAGEMENT AND SOURCES OF LAWrisk management the process of identifying evaluating and responding to the possibility of harmful eventsinvolvesidentification evaluation responsea reference letter is protected by the defence of qualified privilege meaning that an inaccurate and harmful statement will not trigger liability if the writer acted in good faiththerefore no defamation MAP OF THE LAW civil law trace history to RomeQuebec common law trace history to Englandthe rest of Canada However criminal and constitutional laws are the same in both Quebec and the rest of CanadaPRIVATE LAWDivided into 3 parts 1 The law of torts 2 The law of contracts 3 The law of propertyOVERLAPsome situations involve various types of law for example in a relationship between employee and employer the parties should have some knowledge ofadministrative law in case of discrimination wagescriminal law sexual harassmenttort lawin case on worker injures anotherCONSITITUTION creates the basic rules for Canadian society including our political and legal systemsprovides the foundation for everything else 2 significant consequences 1Every other law in the country must be compatible with it 2It is very difficult to change the Consititutiondoes not contain any PROPERTY or ECONOMIC rightsDIVISION OF POWERSdoctrine of federal paramountcydetermines which law is preeminent based on the Constitutions divisions of power LEGISLATIVE PROCESS 3 step process through House of Commons 3 step process through Senate Queens approval subordinate legislation rules that are created with the authority of Parliament or the legislatureeg CRTC eg bylaws in a municipality THE COURTSCOMMON LAW legal systems that can be traced to England systems sources rules created by judgesbut for the most part judges simply interpret and apply the legislation courts judgemade rules CHAPTER 2 LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION Litigation the system of resolving disputes in courts CLASS ACTIONS 1Common issues 2Representative plaintiff 3Notification 4Preferable procedure consider whether class action will become too complicated and if there are enough similarities between the claims5 Certification judge must approve class action if it is a serious enough matterLEGAL REPRESENTATIONSelf Representation Lawyersprofessional liability insurance careless lawyersassurance fund dishonest lawyers Paralegalsconfined to certain types of workPLEADINGSpleadings the documents that are used to identify the issues and clarify the nature of a dispute ie statement of claim statement of defence counterclaim limitation period a period of time within which an action must be taken statement of claim document in which the plaintiff outlines the nature of the complaint statement of defence document in which the defendant sets out its version of the facts and indicates how it intends to deny the claimcounterclaim a claim that the defendant makes against the plaintiffie you delivered goods to me and I didnt pay you enough but I counterclaim that the goods were defective reply document in which a party replies to a statement of defence demand for particulars requires the other side to provide additional informationPRETRIAL ACTIVITY examination for discovery is a process in which the parties ask each other questions in order to obtain info about their casediscoveries encourage settlement settlement occurs when parties agree to settle the dispute outside of courtpretrial conference meeting between the parties and a judgeafter the parties outline their positions the judge may indicate which is likely to win if the trial goes on Since 1999 Ontario has a mandatory mediate program MMPTHE TRIALevidence ordinary witnesses expert witnesses examinationinchief crossexamination hearsay evidence vs direct evidence balance of probabilitiesTHE REMEDYIE A FINE OR PRISON SENTENCE ENFORCEMENT judgement debtor a defendant who has been found liable and is ordered to pay money to the plaintiff if they dont have enough money it may be possible to GARNISHEE a judgement debtors income by forcing their employer to pay money to the plaintiffor SEIZE AND SELL the persons assets
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