[Management and Organizational Studies 2275A/B] - Final Exam Guide - Comprehensive Notes for the exam (118 pages long!)

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Management and Organizational Studies
2275A/B
FINAL EXAM
STUDY GUIDE
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Paul Dimovski
Business Law – Lecture 2
Legal Risk Management
Risk Avoidance – Do not carry on with that business. Do not do anything that involves a
risk for your business. Risks that are high magnitude and high probability of occurring
Risk Reduction- Mitigating the risk. Steps to reduce the risk. Ex: Driven by insurance
companies
Risk Shifting- Put a risk on someone else. Typically, the insurance company; buying
insurance who can cover if any problems do occur Ex: Contract, Guarantees (Insurance
is the most common way
Risk Acceptance- Self insurance; this is the cost of business so one would assume the
risk; aware of the risk and the probability of the risk occurring. Mostly expecting the
ones with low magnitude and low probability of occurring
Whenever we talk about the law, we talk about risk
The more risk, the greater the reward. Vice versa for limited risk
You cannot get off the risk curve (Low or High), only get to choose where you are on the
curve
First, identify the problem, then evaluate, and then go about your plan
Definition: “The Law”
A set of rules, established by the government, and enforced by the government
Is it the law if it is not enforced? (Think about the Windsor to Ottawa 401 story; driving
on the 401 at exactly 100km/h and getting charged for Public Mischief)
Law is arbitrary
Basic Question: What is the Law? Answer: Very difficult to answer, sometimes it is fair
and other times it is not, sometimes the law protects people but most of the time the
law in inaccessible to these people (Disability barriers…etc.)
Justice should be accessible to everybody. But there are many barriers that limit this,
what good is the law and justice if ordinary people cannot access this law.
Canadian legal system is one of the best legal systems in the world. Canada is respected
to be the best legal system, but it is not perfect
Law: Civil Vs. Common
Civil law is based on a comprehensive code (e.g. Quebec, parts of Europe_
Common law is based on previously decided cases (E.g. Canada, U.K., Australia)
Civil Law: 1) Distinguished from Common Law. Based on a book, and every rule is in
accordance with every single law in the given law book
Common Law: What we use in other 9 provinces (Excluding Quebec). It is based on past
cases, not a book
Civil Law: 2) To distinguish it from Criminal law. Also means “Not Criminal Law”.
Standard proof of guilt must be greater than 50%. Easier to be proven guilty in a civil law
case. Always the plaintiff vs. the defendant
Public Law: Involves the government. Criminal law is part of Public law. Innocent, until
proven guilty. Must be beyond a reasonable doubt. Very close to be certain. Taking
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Paul Dimovski
away ones rights when they are guilty of a crime. The crown (AKA the Government or
Queen) is one who proves them guilty. Always the state vs. the accused
Private Law: Does not involve the government
Problems in our legal system: minorities are targeted and can receive more sever
penalties for petty crimes or crimes that they didn’t even commit
Guy Paul Morin: was claimed to be guilty when the Police put a cigarette butt near the
body which put him at the crime scene. Further evidence, 11 years later, the trust was
told and he was claimed to be not guilty and innocent. The murder has not been solved
as all the effort was towards accusing Guy Paul Morin of murder
Sources of the Law
Constitution- Most important (Doesn’t effect business as much as the other two). It
trumps the other two. Means that there is a supreme law in Canada in which all other
laws in Canada are subject. The government of Canada is subject to the law. Most
countries in the world, governments do what they want because they are beyond the
law. Government in Canada is bound by the law
Statutes and Legislation
Common Law/ Case Law
Blind Case for the website of the government. Single mom, blind, 42, sued the
government for violating her rights of the constitution. The constitution cannot
discriminate against her for being blind. This is what it means to live in the democratic
society which is bound by the law, not the government
Constitutional Law
S. 91- Federal Jurisdiction- Areas that the federal government can create laws, National
defense, telecommunications, transportation
S. 92- Provincial jurisdiction- Areas that the provincial government can create laws.
Education, health care, marriage and divorce, municipalities
Customs and Conventions- not written down, just the way we do this. Governor General
switches from English and French. Fact that the government gets to appoint Cabinet
members. England has nothing written down for laws. USA has everything written
down. Canada has part of the constitution written down, part customs and conventions
International Treaties- any law that contradicts the constitution fails
Charter of Rights and Freedoms- 1982; Pierre Trudeau; A code that demonstrates
Canada is the Charter of Rights and Freedoms; Every person in Canada has the following
rights and freedoms
Municipalities are not real governments. They can create bylaws, which are not real
laws.
Only two real bodies of government as per the constitution
Residual powers, the federal government has the powers for those events that neither
have control over
Two laws which are controlled by both the federal and provincial jurisdiction; follow
both laws but if you can’t, follow the federal law. If they are not in conflict, comply with
both. Comply with federal law if there is a conflict (Division of Powers)
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