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MOS 2275A/B Study Guide - Comprehensive Final Exam Guide - Canada, Tricky Stewart, Precedent


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

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MOS 2275A/B

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Legal Risk Maageet
Risk Avoidance
Risk Reduction
Risk Shifting
Risk Acceptance
Risk management: think of a graph- x axis is % likelihood, y axis is cost
Bottom left corner: unlikely and inexpensive
Top left corner: unlikely but would cost $$$$$$$- so buy insurance
Bottom right corner: pretty likely but wont cost so much money- strategy is
just assume the risks, like shop lifting- cost of doing business. Can reduce the
risk, and can accept it
Top right corner: likely to occur, and when they do they cost $$$- we try to
avoid them and not do that business
The Law
The Law a set of rules established and enforced by the government
3 elements to the definition: they are a set of rules, they are
enforced, they are connected to government- there are
consequences for breaking rules in any context, but makes
something a LAW is when its connected to government
Class example: there was this doctor who preformed abortions at a
time when it was illegal- said you would go to jail for the rest of your
life. When he was caught and convicted, he testified on his own
defense- he said he kos its illegal, he sas he does’t ae, ad he
wants to empower women. The prosecutor said when you're
released from jail, what will you do? He says when I'm out I will
preform more. He was admitting on oath and showing no remorse,
but the jury acquitted him as non guilty. Then the court appealed it
and he was found guilty. So the doctor went to the supreme court
and said you cant substitute a court of appeal with their own verdict
of guilty for the jury appeal of non guilty. So then the supreme court
said ok and ordered another jury case, and he was non guilty again
ad that’s ho the la got dopped! Cool!! Beause if ou at
convict him as guilty you cant convict anyone. So in that moment,
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was abortion illegal? Is driving 10km above the speed limit ILLEGAL?
Its against the law but it isn't enforced
We talk about how he was ahead of his time- the law needed time
to catch up
Natural law posits that there are a set of law that is like gravity- we
ould’t pass a la that sas its ok to ude people eause its just
not. Natural law is transcendent and immutable. They're our
interpretation of the law and how we follow it
The meta question is what ought the law to be?
One issue we have with the law is that its not accessible to everyone. Not
eeoe a udestad it, it does’t allo eual aess ad
opportunity
Law: Civil vs Common
Civil law: a legal system based on a comprehensive code (Quebec,
parts of Europe)
There are two distinctions: civil law systems are not based on
pio ases o peedet. Its ased o ode that’s applied to
each case individually on its merit.
There's another use of the term civil law which distinguishes
criminal law and non criminal law. Civil law also means non
criminal law, so we have one word two meanings. But in the
course were not usually talking about criminal law.
Common law: a legal system based on previously decided cases
(Ontario, U.K., U.S- except Louisiana., Australia)
In every province except Quebec we use common law which is
based on precedent (past cases)
Ours is not necessarily better
Law: Civil vs Criminal
Criminal law: concerned with punishing people who commit crimes
("retributive justice")
Civil law: deals with disputes between private parties, or behaviour
that causes harm to others ("distributive" justice)
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