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Management and Organizational Studies 2275A/B- Midterm Exam Guide - Comprehensive Notes for the exam ( 41 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

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LEGAL RISK MANAGEMENT
- Risk avoidance
- Risk reduction
· Minimizing the risk
- Risk shifting
· i.e. insurance (commercial general liability)
· Reduces profit but protected against certain risks
- Risk acceptance
· Understand the risk and made a business decision to accept it not ignorance
WHAT IS THE LAW?
- A set of rules, established by the government, and enforced by the government
· For most people, the law is inaccessible because of the obscene costs
· The law is sometimes inconsistent and unfair
· Cannot separate law, politics, and money
- Civil Law: based on a comprehensive code (Quebec, parts of Europe, Louisiana)
- Common Law: based on previously decided cases (Canada, UK, US, Australia)
· There’s mor󵛹 t󵛼󵛵n on󵛹 w󵛵y to op󵛹r󵛵t󵛹 󵛵 󵛼󵛽󵛻󵛼ly 󵛺un󵛷t󵛽on󵛽n󵛻 l󵛹󵛻󵛵l syst󵛹m
- Public Law: involves the state/government
- Private Law: involves individuals
Criminal Law
Civil Law
Always the state vs. the accused
Does not necessarily need to involve the
government
Punishment and retribution
(retributed justice)
Compensation
(distributed justice)
Different standard of proof must prove the
case beyond any reasonable doubt
Prove the case more likely than not
SOURCES OF LAW
1. Constitution
· The supreme law of Canada
· Section 52 sub 1: Any law which is inconsistent or in conflict with the Constitution is
of no effect
· Both written and unwritten, in contrast with the British system (unwritten) and the
American system (written)
i. Written: Constitution Act of 1982, Charter Rights of Freedom
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ii. Unwritten: custom and conventions
· Treaties have a status of constitutional law (i.e. NAFTA)
· T󵛼󵛹 󵛗󵛵n󵛵󵛸󵛽󵛵n 󵛻ov󵛹rnm󵛹nt 󵛽s su󵛶󵛾󵛹󵛷t to󵛃󵛶oun󵛸 󵛶y t󵛼󵛹 l󵛵w, 󵛽t’s not 󵛵󵛶ov󵛹 t󵛼󵛹 l󵛵w
2. Statutes/Legislation
· Federal or provincial (not municipal)
· Takes precedence over case law
· Legislation is constantly being removed, enacted, and amended
· Subordinate to the Constitution
3. Common law/Case law
· Precedence like cases should be treated alike (fairness, predictability, efficiency)
CONSTITUTIONAL LAW
- S.91 Federal Jurisdiction
· i.e. Defence, tax, post, currency, immigration, health care, transportation,
telecommunication, insurance, criminal law
· Has power over the provincial jurisdiction comply with the federal law if conflicts
with provincial law
· Residual power 󵛽󵛺 󵛽t’s not on 󵛶ot󵛼 l󵛽sts, 󵛽t 󵛽s un󵛸󵛹r t󵛼󵛹 󵛺󵛹󵛸󵛹r󵛵l 󵛾ur󵛽s󵛸󵛽󵛷t󵛽on
- S.92 Provincial Jurisdiction
· i.e. Education, marriage and divorce, licenses, property, civil rights
- Customs and Conventions
- Charter of Rights and Freedoms (Pierre Trudeau)
· Guarantees basic rights and freedoms to every person in Canada
Democratic rights
Language rights
Mobility rights
Legal rights
Equality rights
· The government cannot make any laws than infringes our constitutional rights
· Limitations:
Only applies to government 󵛷󵛵n’t p󵛵ss l󵛵ws t󵛼󵛵t v󵛽ol󵛵t󵛹s t󵛼󵛹s󵛹 r󵛽󵛻󵛼ts
T󵛼󵛹 󵜢notw󵛽t󵛼st󵛵n󵛸󵛽n󵛻 󵛷l󵛵us󵛹󵜣 government can infringe the Charter (Quebec
French first v󵛽ol󵛵t󵛹s 󵛺r󵛹󵛹󵛸om o󵛺 sp󵛹󵛹󵛷󵛼 󵛶ut 󵛽t’s notw󵛽t󵛼st󵛵n󵛸󵛽n󵛻)
Reasonable limits
Rights can never be absolute, because t󵛼󵛹 󵛹x󵛹r󵛷󵛽s󵛹 o󵛺 on󵛹 p󵛹rson’s r󵛽󵛻󵛼t 󵛷󵛵n 󵛷om󵛹 󵛽n 󵛷on󵛺l󵛽󵛷t
w󵛽t󵛼 󵛵not󵛼󵛹r p󵛹rson’s r󵛽󵛻󵛼t󵛂
Human Rights Code (not Constitution) applies to private parties
· Prohibits discrimination, sexual harassment, etc.
· Administered by Human Rights Commission
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