PPE - Law

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  1. What does Substantive Law prescribe?
    The actual rights (freedom of speech, freedom to move in the geographical areas, freedom to worship) and duties (following the law and paying taxes) of the individual members of the society and the society as a whole.  Public Law & Private Law
  2. What does Procedural Law prescribe?
    procedures by which these rights and duties are enforced.
  3. What is the difference between public and private law?
    • Public law deals with:
    • 1. matters that affect society as a whole.
    • 2. relationship between the individual and the state, or among jurisdictions.
    • 3. Includes criminal, constitutional and administrative law.

    • Private law (Civil Suit) deals with:
    • 1. relationships between individuals
    • 2. Settling private disputes such as
    • a. contracts,
    • b. property ownership,
    • c. the rights and obligations of family members
    • d. damage to one’s person or property caused by others.
  4. What does Public law deal with?
    • 1. matters that affect society as a whole (Criminal Law, Constitutional Law & Administrative Law)
    • 2. relationship between the individual and the state, or among jurisdictions.
    • 3. Includes criminal, constitutional and administrative law.
  5. What does Private Law deal with?
    • 1. relationships between individuals (Contract Law, Tort Law, Family Law & Property Law)
    • 2. Settleling private disputes such as
    • a. contracts,
    • b. property ownership,
    • c. the rights and obligations of family members
    • d. damage to one’s person or property caused by others.
  6. List three (3) federal courts and three provincial courts.
    • 1. The Supreme Court of Canada,
    • 2. Courts Martial,
    • 3. Tax Court.
  7. List three (3) provincial courts.
    • Provincial courts include:
    • 1. The Provincial Courts of Appeal,
    • 2. The Provincial Superior Courts,
    • 3. The Provincial Courts.
  8. Explain the difference between a plaintiff and a defendant.
    • In a civil case,
    • PLAINTIFF - the person who initiates the case or sues
    • DEFENDANT - The person being sued
  9. What is meant by settling out of court?
    The plaintiff and the defendant reach an agreement through facilitated negotiations prior to the judge rendering a decision in the case.
  10. What are the three (3) remedies available from a civil law court case? Which is the most common remedy?
    • 1. damages (monetary remedies),  **MOST COMMON**
    • 2. declaratory remedies (making a statement or declaration)
    • 3. specific performance or injunction (requiring the defendant to do or not do something )
  11. What is meant by an appeal?
    An appeal is a review of a criminal or civil trial at the request of either party in the case in order to obtain a different decision and/or a different sentence/remedy.

    • NOTES:
    • In some situations parties have an automatic right to an appeal.
    • In other situations parties must request an appeal.
  12. ACRONYM - ADR?
    Alternate Dispute Resolution (ADR)
  13. Name the three (3) ADRs
    Alternate Dispute Resolutions (ADR)

    • Negotiation – Parties work through their issues wi/o having
    • an external party assist in the process or impose a particular resolution.
    • Mediation – Parties request a neutral, external person called a mediator to help them come to a mutually acceptable agreement.

    Arbitration – Parties refer their disagreement to a mutually acceptable, independent third party expert called an arbitrator. The parties agree before the arbitration starts that they will be bound to the arbitrator’s decision.
  14. What is Common Law?
    • AKA – judge made law
    • Past decisions = collection of past decisions
  15. What is Equity?
    No precedent or for which one of the parties did not feel a fair judgment was rendered under common law.
  16. What are the three (3) main stages of a civil case?
    • 1. Pleading (in court, sets out the complaint & remedy that the plaintiff wants)
    • 2. Discovery (pre-trial session, claims against defendant and evidence shared)
    • 3. Trial (plaintiff attempts to prove the case against the defendant)
  17. What are the two outcomes of a civil case?
    • The defendant is judged to have:
    • 1. NOT done anything wrong
    • 2. Found liable
  18. What are the main differences between Tort law and Criminal law?
    The primary purpose of tort law is to compensate victims who have suffered injury or wrong as a result of the actions of an individual or organization. The purpose of tort law is NOT to punish those responsible for the injury or wrong. Under tort law the action is between two individuals or entities.

    • The purpose of criminal law is to hold citizens accountable to each other under a society’s criminal code which spells out how the citizens of that society should treat each other. Under criminal law the action is
    • between the state and an individual or entity.
  19. What are the main purpose of Tort law?
    The primary purpose of tort law is to compensate victims who have suffered injury or wrong as a result of the actions of an individual or organization. The purpose of tort law is NOT to punish those responsible for the injury or wrong. Under tort law the action is between two individuals or entities.
  20. What is the main purpose of Criminal law?
    The purpose of criminal law is to hold citizens accountable to each other under a society’s criminal code which spells out how the citizens of that society should treat each other. Under criminal law the action is between the state and an individual or entity.
  21. State the three requirements (elements that must be proven) for a successful action under tort law.
    • 1. The defendant owed the plaintiff a duty of care.
    • 2. The defendant breached that duty of care.
    • 3. The defendant’s conduct caused injury to the plaintiff.
  22. What is the difference between public nuisance and private nuisance?
    • Public nuisance is an act or omission that affects the lives, safety or conduct of the public or a section of the public. A public
    • nuisance may also be a criminal offense. An example of a public nuisance is blocking a public highway.
    • Private nuisance may be injury to the property of someone (for example damage to a building) or the interference to the enjoyment of that property (for example excessive noise).
  23. What is public nuisance?
    • Public nuisance is an act or omission that affects the lives, safety or conduct of the public or a section of the public. A public
    • nuisance may also be a criminal offense. An example of a public nuisance is blocking a public highway.
  24. What is the private nuisance?
    Private nuisance may be injury to the property of someone (for example damage to a building) or the interference to the enjoyment of that property (for example excessive noise).
  25. List and describe the defenses against a tort of defamation. (4)
    • 1. Proof that the statements made are true.
    • 2. Fair comment which covers areas such as political commentary, book or play reviews and critiques.
    • 3. Absolute privilege which allows statements to be made in certain contexts without fear of a defamation suit. For example members of parliament can make comments about other members within the confines of the parliament building.
    • 4. Qualified privilege which arises in situation such as a supervisor giving a report to management regarding an employee’s job performance.
  26. What is negligence and what must a plaintiff substantiate in order to win a case of negligence?
    Negligence occurs when one party acts in a manner that is unreasonable and below expected standards and it results in harm to another party or their property.

    • The plaintiff must substantiate the same three elements as with other tort cases:
    • 1. The defendant owed the plaintiff a duty of care.
    • 2. The defendant breached that duty of care.
    • 3. The defendant’s conduct caused injury to the plaintiff.
  27. What is negligence?
    Negligence occurs when one party acts in a manner that is unreasonable and below expected standards and it results in harm to another party or their property.
  28. What must a plaintiff substantiate in order to win a case of negligence? (3)
    • The plaintiff must substantiate the same three elements as with other tort cases:
    • 1. The defendant owed the plaintiff a duty of care.
    • 2. The defendant breached that duty of care.
    • 3. The defendant’s conduct caused injury to the plaintiff.
  29. List and describe the Four (4) facts that are considered by the court when it is reviewing the required standard of care.
    • 1. How likely was any damage to occur?
    • 2. Was the chance of damage high or low?
    • a. If high, then a higher standard of care is expected.
    • b. If low, then a lower standard of care might be acceptable.
    • 3. How serious could the damage be?
    • a. Is it likely that if something goes wrong, someone would just be inconvenienced or could he or she be badly hurt?
    • 4. Who is likely to be affected?
    • a. If children or invalids are affected, a much higher standard of care would be expected than if healthy adults were involved.
  30. To what does the thin skull rule pertain?
    • This rule states that one takes the victim as they are found. In other words, the defendant cannot argue that the plaintiff suffered a brain injury due to a pre-existing condition or state, such as a skull that is
    • thinner than average, and therefore the defendant is not fully responsible for all of the damage that ensued.
  31. Which case is most often cited for the tort of
    product liability and why is it important?
    • Donoghue v. Stevenson.
    • This ruling is important because it set the precedent that manufacturers of products owe a duty of care to persons other than the actual persons who purchased the product.
  32. What precedent was set by the Hedley Byrne v. Heller decision?
    The Hedley Byrne v. Heller decision set the precedent that a negligently made statement which caused the plaintiff to suffer only pure economic loss was deemed cause for recovery of damages.
  33. How does a court normally decide on the level of standard of care required from a professional in the performance of their duties (3)?
    • 1. On what is a reasonable level of care and skill expected of a professional of normal competence.
    • 2. Against the established professional standards of the professional organization as well
    • 3. Against situational factors that may require a higher standard of care than that determined by the professional standards.
  34. Define the term contract.
    • A contract consists of an exchange of enforceable promises. Every such promise involves at least two parties, a promisor and a promise, and an outward expression of common intention and of expectations to the declaration or assurance contained in the promise. A plainer definition might be that a
    • contract is an enforceable mutual understanding or agreement between two or more capable parties to perform some lawful act for legal consideration.
  35. State the six elements of a contract.
    • 1. Mutual agreement, demonstrated by an offer, acceptance and meeting of the minds.
    • 2. Competent parties or capacity.
    • 3. Consideration or seal.
    • 4. Proper or legal subject matter.
    • 5. Intention to be bound.
    • 6. Enforceable form.
  36. When may consideration not be a legal requirement of a contract?
    Where no consideration is present in the form of promises or other mutual exchange of something valuable, a contract is only valid when sealed. Sealed documents date back to ancient times. Today, a document normally bears a red paper wafer or is marked with the word “seal’ and these must be present when the parties sign the document. The contract is then a formal contract and no consideration is required.
  37. The sale or disposition of land must be evidenced in writing. Why?
    This is a requirement of the Statute of Frauds.
  38. What is the difference between a mutual mistake and a unilateral mistake?
    A mutual mistake refers to a situation in which the parties made different mistakes, for example when each party to the contract is mistaken about the intentions of the other. The court will review the evidence and decide which intention is the most reasonable.

    A unilateral mistake is a mistake made by only one party to a contract and the other party knows or must be taken to know.
  39. What is a mutual mistake?
    A mutual mistake refers to a situation in which the parties made different mistakes, for example when each party to the contract is mistaken about the intentions of the other. The court will review the evidence and decide which intention is the most reasonable.
  40. What is a unilateral mistake?
    A unilateral mistake is a mistake made by only one party to a contract and the other party knows or must be taken to know.
  41. What does “non est factum” mean?
    non est factum, “it is not my act because my mind did not go with my pen.”
  42. Cite a situation where non est factum might be used.
    • The courts may give relief to a party and call the contract void when it is obvious that one of the parties was not aware of what he or she was agreeing to. This is called non est factum, “it is not my act because my mind
    • did not go with my pen.” In this situation the court decides whether the parties have signed documents that do not represent the very essence or nature of the agreement. The party is only likely to succeed if misrepresentation is shown to have taken place. For example, the party was led to believe he or she was signing something other than what was actually being signed. If this misrepresentation by the other party to the contract was done on purpose then it would not be an error but rather an act of fraud. This situation occurs when one party
    • generally relies on another person. It often affects people who are infirm, illiterate or suffering from some disability who require help in understanding the documents presented to them. However, a simple statement of disability will not be sufficient to void the contract; the disability must be proven.
  43. If one party to a contract misrepresents some fact material to the contract during the negotiations, what rights does the other party to the contract have?
    • In general, there is no duty for PartyA to disclose any facts to PartyB which might influence PartyB’s judgment when entering into a contract. However, should PartyA make statements of fact that influence PartyB in their decision to enter into the contract and those statements turn out to be
    • untrue, they are misrepresentations. The validity of the contract will be affected if a party makes a false statement of fact (not an opinion) that induces another party into a contract. The party who was misled has the right to rescind or continue with the contract. However, they should act within a reasonable time period. If they do not, they may be deemed to have accepted the contract complete with its misrepresentation. The misled parties must not continue to benefit from the agreement once the misrepresentation is known as this may affect their claims for damages. Rescission will be allowed only when the injured party revokes the contract (when they know about the misrepresentation) and where the parties can actually be restored to their original positions and the property rights have not been legally passed on to a third party.
  44. List the methods in which a contract may be discharged (6).
    • Contracts may be discharged by:
    • 1. performance
    • 2. agreement
    • 3. contracts own dissolution
    • 4. frustration
    • 5. operation of law
    • 6. breach of contract
  45. What is the difference between a frustrated contract and a contract with self-induced frustration?
    • Frustration covers the occurrence of some unforeseen event after the contract has been entered into, which impedes or prevents the performance of the contract or makes its performance quite useless. It must be emphasized that the doctrine of frustration can only be applied to actions that are unforeseen by the parties when entering into the contract.
    • Self-induced frustration occurs when a party deliberately brings about a situation where the contract cannot be performed and then claims frustration. It is considered a breach of contract and is not covered by frustration.
  46. What is a frustrated contract?
    Frustration covers the occurrence of some unforeseen event after the contract has been entered into, which impedes or prevents the performance of the contract or makes its performance quite useless. It must be emphasized that the doctrine of frustration can only be applied to actions that are unforeseen by the parties when entering into the contract.
  47. What is a contract with self-induced frustrations?
    Self-induced frustration occurs when a party deliberately brings about a situation where the contract cannot be performed and then claims frustration. It is considered a breach of contract and is not covered by frustration.
  48. What remedies are available for Breach of Contract? (3)
    • Remedies available in court for breach of contract include:
    • 1. damages,
    • 2. quantum meruit
    • 3. equitable remedies (specific performance and injunction)
  49. Under what circumstances is Specific Performance likely to be granted by the courts?
    • Transfer of Land or other unique items such as paintings, rare jewelry and so on
    • The court will want to see that it is just and equitable to award Specific Performance.

    • They will generally review whether:
    • 1. There have been any laches, or undue delays by the injured party.
    • 2. Undue hardship will befall the defendant if the contract is performed.
    • 3. The injured party has clean hands, is free of fraud or other unfair conduct.

    • NOTES:
    • 1. The courts will not provide the remedy of specific performance where the contract is for the sale of goods that can easily be
    • bought elsewhere.
    • 2. The courts will not use specific performance as a remedy in personal service contracts.
  50. The three basic types of business organizations are:
    A) sole ownership, partnership, limited company
    B) limited partnership, limited company, sole proprietorship
    C) sole ownership, joint venture, corporation
    D) partnership, sole proprietorship, corporation
    D) partnership, sole proprietorship, corporation
    (this multiple choice question has been scrambled)
  51. Which of the following is not a characteristic of a sole proprietorship?
    A) It is the oldest and simplest form of business organization.
    B) The owner employs him or herself in the business.
    C) The owner’s liability for business loss or debt is unlimited.
    D) Business income is taxed at the owner’s personal rate.
    B) The owner employs him or herself in the business.
    (this multiple choice question has been scrambled)
  52. Which of the following statements is/are true of a partnership?
    a) A partnership is essentially a corporation with more than one owner.
    b) A partnership must have a written agreement between the partners.
    c) A corporation cannot be included as a member of a partnership.
    d) The liability of each partner for the debts of the partnership is unlimited.
    e) All of the above.
    • d) The liability of each partner for the debts of
    • the partnership is unlimited.
  53. Under what business structure(s) can business owner’s personal assets be seized to fulfill obligations of the company?
    a) A limited partnership
    b) A partnership.
    c) A corporation.
    d) A sole proprietorship.
    e) b and d above.
    e) b and d above; A partnership & A sole proprietorship
  54. Which of the following statements is/are true about the securities of a corporation?
    a) Preferred shareholders generally only have contingent voting rights.
    b) Interest on bonds must be paid whether or not a corporation has earned a profit in that year.
    c) Bond holders have direct voice in the management of a corporation during the normal operation of the business.
    d) a and b above.
    • d) a and b above;
    • -> Preferred shareholders generally only have contingent voting rights.
    • ->Interest on bonds must be paid whether or not a corporation has earned a profit in that year.
  55. List four advantages of corporations over the other legal business structures discussed.
    • a) A corporation is a separate legal entity from the owners.
    • b) The owners can limit their liability.
    • c) A corporation has perpetual succession.
    • d) A corporation owns its own property.
  56. List aspects of the employee-employer relationship governed by the Employment Standards Act. (14)
    • 1. Making Employment Standards Act information available to employees.
    • 2. Employment record keeping.
    • 3. Payment of wages, including minimum wage.
    • 4. Hours of work and overtime.
    • 5. Vacation time, vacation pay, and public (statutory) holidays.
    • 6. Employment exceptions for retail workers.
    • 7. Benefit plans.
    • 8. Different types of leave including pregnancy leave, parental leave, personal emergency leave, family medical leave, organ donor leave and reservist leave.
    • 9. Termination of employment including giving notice, termination pay and severance pay.
    • 10.  Equal pay for equal work.
    • 11.  The use of lie detector tests.
    • 12.  Employment with exemptions or special rules.
    • 13.  How to file a complaint or a claim under the Employment Standards Act.
    • 14.  The role of the Ministry of Labour.
  57. What is the purpose of the Labour Relations Act?
    • The purpose of the Labour Relations Act is to regulate the relationship between unions and employers. Specifically, the Act deals with the process for the certification and decertification of unions, the collective bargaining process,mandatory grievance arbitration, and the process for strikes and
    • lock-outs.
    • The Act also delineates unfair labour practices.
  58. What are five areas of discrimination listed in
    the Ontario Human Rights Code? (15
    • Any of the following:
    • 1. race,
    • 2. ancestry,
    • 3. place of origin,
    • 4. colour,
    • 5. ethnic origin,
    • 6. citizenship,
    • 7. creed,
    • 8. sex,
    • 9. sexual orientation,
    • 10.  gender identity,
    • 11.  gender expression,
    • 12.  age,
    • 13.  marital status,
    • 14.  family status
    • 15.  disability.
  59. What is the purpose of the Occupational Health and Safety Act?
    The purpose of the Occupational Health and Safety Act is to set out how employees are to be kept safe in the workplace and what happens when accidents happen.
  60. What is the purpose of the Workplace Safety and Insurance Act?
    • The purpose of the Workplace Safety and Insurance Act is to provide a no-fault system whereby employers pay into a fund on a regular basis and that fund is used to provide compensation and training to employees and
    • their families who are affected by a workplace accident.
  61. What are the three components to WHIMS?
    • 1. A labeling system for controlled and hazardous materials
    • 2. materials safety data sheets for each material
    • 3. training and education for employees in the use of the labeling and the data sheets.
  62. What are the five types of intellectual property?
    • 1. copyright,
    • 2. trade-mark,
    • 3. patent,
    • 4. industrial design and
    • 5. integrated circuit topography.
  63. What are the five types of works that can be copyrighted?
    • 1. literary works,
    • 2. dramatic works,
    • 3. musical works,
    • 4. artistic works
    • 5. recordings.
  64. List two guidelines that an employer might have for employee internet use. (4)
    • Any of the following:
    • 1. The employee will use the internet for work purposes only, not personal purposes.
    • 2. The employee will not use the internet to generate or receive correspondence or materials that would be construed as fraudulent, illegal, harassing, obscene, indecent, profane or intimidating.
    • 3. The employee will not download from the Internet, and/or circulate among others, any programs or accessories not specifically
    • authorized for use.
    • 4. The employee understands that his or her internet usage is a matter of public record and that no user is assured anonymity regarding their degree of internet usage and the specific sites visited.
  65. List two guidelines that an employer might have for employee software use. (4)
    • 1. Any of the following:
    • 2. The employee will comply with any software or other copyright or licencing laws with respect to the software he or she has access to.
    • 3. The employee will not use pirated copyrighted software.
    • 4. The employee will not augment the software used with externally generated programs or add-ons that potentially could introduce viruses into the company’s computer environment.
  66. What are three inappropriate uses of social media that may result in the termination of your employment?
    • 1. Posting any of the following on social media:
    • 2. Derogatory and harmful comments about
    • colleagues,managers, employers and company products.
    • 3. Company confidential and client confidential information.
    • 4. Incriminating evidence about employee criminal behavior outside of work.
    • 5. Sexually explicit photographs.
  67. What is the key factor when determining whether an employee is legally a whistle blower or illegally a disgruntled employee causing trouble for an employer?
    • The key factor in designating an employee as a whistle blower as opposed to a disgruntled employee causing trouble is the employee’s motivation for revealing confidential company information.
    • If the employee was motivated by professional and ethical reasons then it is deemed to be whistleblowing.
  68. List three pieces of legislation or sets of codes that might be related to engineering work. (11)
    • Any of the following:
    • 1. The Canadian Environmental Protection Act
    • 2. The Ontario Environmental Protection Act
    • 3. The Ontario Environmental Bill of Rights
    • 4. The Ontario Green Belt Act
    • 5. The Ontario Building Code Act
    • 6. The Ontario Building Code
    • 7. The Ontario Heritage Act
    • 8. Ontario Municipal Affairs and Housing
    • 9. The Ontario Planning Act
    • 10.  The National Fire Code of Canada
    • 11.  The Ontario Electrical Safety Code
  69. What are the three company/management approaches to the environment with respect to engineering work?
    • 1. A crisis-oriented environmental management devotes as few resources to environmental concerns as possible, except when necessitated by a crisis or getting cited for breaking environmental standards or
    • legislation.
    • 2. A cost-oriented environmental management in which adhering to environmental regulations is considered a cost of doing business by the company, but nothing more.
    • 3. An enlightened environmental management in which environmental concerns are front and centre of what the company does.
  70. What are a Cost Oblivious Approach and a Cost Benefit Analysis Approach to environmental decision-making?
    • A Cost Oblivious Approach simply disregards cost as a factor in the decision-making process. The decision is made solely based on the environment.
    • A Cost Benefit Analysis (CBA) Approach resolves conflict problems between the good of reducing environmental impact and other competing ‘social goods’ which make demands on economic and social resources.

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