LAWS20000D Summary Sheet.docx - WEEK 1 MODULE...

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WEEK 1 MODULE 1 (INTRODUCTION TO LAW AND LEGAL RISK MANAGEMENT) Legal risk management: 3 steps 1. Identification: Recognition of legal risks- (Can we be held liable for doing something wrong?) 2. Evaluation: Assessment of legal risks- (What are the chances of something going wrong? How much can we be liable for?) 3. Response: Reaction to legal risks- (what are we going to do about it? apply risk management strategies, need to consider reputational risk) Legal risk management strategies Risk avoidance Risk reduction- not make a loan to a risky business client Risk shifting Risk acceptance WEEK 2 MODULE 2 (THE STRUCTURE OF THE CANDAIAN LEGAL SYSTEM) Public law Regulates our relationship with the government 1. Constitutional law Rules of political and legal systems Protection of basic rights and freedoms against government laws or actions 2. Tax Law Rules for collection of monies by government from individuals and businesses. 3. Criminal law Sets out offences against the state 4. Administrative Government agencies, boards, missions and tribunals regulation. Eg. Broadcasting international trade, energy development, competition, labour relations, municipal zoning. Private Law Regulates personal, social and business relationships 1. Contract Law Rules for the creation and enforcement of agreements between individuals and businesses. 2. Property law Rules for ownership of property 3. Tort Law
Rules for liability arising from a private wrong committed by one personal against another Constitution: Basic rules for legal and political systems Creates “federal” system of government with a division of powers. Constitution Act, 1867 Protection of basic rights and freedoms- Charter of rights and freedoms. Constitution act, 1867 Federalism and Division of Powers Supreme law – Constitution act 1982 38. (1) An Amendment to the constitution of Canada may be made by proclamation by the governor general under the Great Seal of Canada where so authorized by (a) Resolutions of the Senate and House of Commons; and (b) (b) Results of legislative assemblies of at least two-third of the provinces that have, in the aggregate, according to the then latest general census, at least fifty percent of the population of all provinces. 52. (1) The constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the constitution is, to the extent of the inconsistency, of no force or effect. · Highest source of law in Canada. Any law in Canada that is inconsistent with the constitution is invalid. · Difficult to amend. Need approval of both: Federal parliament (House of commons and senate) and two-thirds of all provinces with at least 50% of population. System of Government · An Act of the imperial parliament for the Union of Canada, Nova Scotia and New Brunswick.

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