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What you you do to legal risks?
Identify, evaluate, and respond to legal risks.
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What are the 4 types of risk management?
1. Risk avoidance.
2. Risk reduction.
3. Risk shifting.
4. Risk acceptance
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What is risk avoidance?
Completely avoidance.
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What is risk reduction?
For example a bank gives a mortgage. So if they don't get paid, they can at least the property.
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What is risk shifting?
Such as insurance and/or insurance clauses.
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What is risk acceptance?
Completely accepted.
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What does liability insurance insure you for?
For when you are doing something wrong.
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What does proprty insurance insure you for?
For the purchaser's property damaged, lost, or destroyed.
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What do exclusion and limitation clauses do?
Sign away your right to sue.
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Do incorpoartions have limited liability?
Yes.
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What are the three types of torts?
1. Intentional tort
2. Business tort
3. Negligence
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What is an example of intentional tort?
Assault
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What is an example of a business tort?
Deceit, conspiracy
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What is an example of negligence?
Carelessly hurt another
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What are the 3 main divisions of law of property?
1. Real property
2. Personal property
3. Intellectual property
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What is real property?
Land, or things attached to the land.
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What is personal property?
Things that can be moved.
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What is intellectual property?
Original ideas.
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How can the Constitution be changed?
Only can be changed through an amending formula.
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When was the Canadian Charter of Rights and Freedoms written into the Constitution?
1982
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What are the 5 charter remedies?
Declaration
Injuction
Striking down
Severance, reading down, reading in
Damages
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What is declaration?
When the court declares that the Charter has been violated.
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What is injuction?
Court may impose an injunction that requires the government to address the problem in a certain way.
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What is striking down?
A Court may strike down or eliminate a statute that violates the Charter.
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What is severance?
If one part of the statute is offensive it might be severed or cut out.
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What is reading down?
If a statute is too broadly written, it can be read down so that it applies to what can be justified.
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What is reading in?
If a statute is too narrowly written then court may read in so that people are not excluded from the benefit.
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What are damages?
When a plantiff wins they get damages for the injures or losses that they have suffered.
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What is the Legislative Process in simple terms?
1. First Reading
2. Second Reading
3. Third Reading
4. Royal Assent
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What is royal assent?
Her Majesty's approval. Given on her behalf by the Governor General.
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What must the courts interpret and apply?
Words that appear in Constitution and in legislation.
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What is the system of law?
Systems can can be traced back to England
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What is the source of the law?
Common law that is developed by the courts.
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What are the two types of courts in common law?
Courts of law, which is common law.
Courts of equity, which is equity.
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