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[Management and Organizational Studies 2275A/B] - Midterm Exam Guide - Everything you need to know! (42 pages long)


Department
Management and Organizational Studies
Course Code
MOS 2275A/B
Professor
Philip King
Study Guide
Midterm

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Western
Management and Organizational Studies
2275A/B
MIDTERM EXAM
STUDY GUIDE

Only pages 1-3 are available for preview. Some parts have been intentionally blurred.

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Lecture 2 – Canadian Legal System and Dispute Resolution
Legal Risk Management
Always making the trade off of risk and reward
oWill we play safe?
Identify the risk and then quantify it (how big or how likely is the outcome?)
Cant “get off” the risk return curve but rather decide where on the curve you want
to be
With every return you receive risk
What to do with risk
oRisk avoidance – not willing to take the risk
oRisk reduction – takes steps to minimize the risk so the risk is manageable
oRisk shifting – transferring the risk to someone else
E.g. buying insurance
oRisk acceptance – take the risk
Definition of “the Law”
A set of rules
Established by the government
Enforced by the government
oNecessary in order to ensure people will follow the rules
“Dr. Morgan” – the Crown can only call for a new trial and not replace the
decision with their own
“Lords Day Act” – all stores must be closed on Sunday
oOntario’s economy began failing
oWanted to introduce tourism however Americans weren’t responding
because of this act
oThen, they allowed popular tourism areas to open shops on Sunday
oHowever, Paul Magner’s (shop owner) area wasn’t allowed to open shop
in his area but he continued to open anyways
o“You cant decide which laws you want to obey”
oIn the end, he was forced to declare personal bankruptcy
oHe played a part in the changes that were about to come
Law wasn’t set in stone, there were many theories from different philosophers
about what the law actually is
Accessibility – always going to be able to get a lawyer no matter your state of
wealth
The law is sometimes unfair
Law: Civil vs. Common
Civil law is based on comprehensive code
oUsed in Quebec, parts of Europe
oBased on the book
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o“Not criminal law”
oMe versus you
oUsually involving money
oBalance of probability
oMuch more easier to win a civil law case then a criminal law
This is because of the consequences
Common law is based on previously decided cases
oUsed in Canada, U.K., U.S., Australia
Criminal law
oState versus the accused
oAll about punishment
oAlways Federal
oBeyond any reasonable doubt
oTrial determines if guilty not the police
Source of Law
Constitution
oIt defines all other laws
oSupreme law
oControls what the government can do
oGovernment is subject to the law and not above it (in Canada)
This is unlike many other countries governments
Most people are afraid of their government
oExample
A blind women went to the Canadian government telling them to
make their website accessible for the impaired
The government said no because it wasn’t a priority
She sued the government for not treated her fairly
She won the case
oFederal Jurisdiction
Section 91 states what the federal government can make laws
about
Health care
Defense
Banking
Canada Post
Copy right, patents
Criminal law
Currency
oProvincial Jurisdiction
Section 92 states what the provincial government can make laws
about
Hospitals
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