RSM225 Notes

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33 Terms

1

IRAC

A method used to analyze legal issues consisting of Issue, Rules, Apply Rule, and Draw Conclusion.

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2

Common Law

A flexible system of law based on court decisions and judgments.

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3

Substantive Law

Law that defines individual rights and wrongs.

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4

Procedural Law

Law that outlines the procedures for enforcing rights and obligations.

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5

Public Law

Law governing the relationship between individuals and the government.

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6

Private Law

Law that governs relationships between individuals.

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7

Civil Law

A legal system based on written codes, such as in Quebec.

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8

Common Law

A legal system based on court decisions, applicable in most of Canada.

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9

Hierarchy of Law

The order of laws where the Constitution is the highest form of law.

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10

Constitution

The supreme law that overrides all other laws and provides the basis for government powers.

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11

Statute Law

Laws passed by a legislative body, which judges interpret.

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12

Common Law

Laws developed by judges that fill gaps in statute law.

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13

Legislation

Laws that provide a framework for governing relationships and social behavior.

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14

Regulatory Bodies

Authorities established by statute law to set substantive law and procedures.

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15

Litigation Process

The series of steps involved in a legal case, including claims, pleadings, and trials.

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16

Sole Proprietorship

A business owned by one person who is personally liable for all business debts.

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17

Partnership

A business structure where two or more people share profits and liabilities.

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18

Fiduciary Duty

The obligation of partners to act in the best interest of the partnership.

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19

Limited Partnership

A partnership with at least one general partner who has unlimited liability.

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20

Joint Venture

An arrangement where two or more parties collaborate on a specific project.

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21

Corporation

A legal entity distinct from its owners, with its own rights and privileges.

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22

Shareholders

Owners of a corporation who hold shares but do not have right to the assets.

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23

Directors

Individuals elected to manage the corporation and make key decisions.

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24

Officers

Appointed individuals responsible for the daily management of the corporation.

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25

Articles of Incorporation

Documents that provide basic information about a corporation.

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26

By-Laws

Internal rules that govern the operations of a corporation.

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27

Shareholder Agreement

A contract detailing the rights and obligations of shareholders.

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28

Derivative Action

A legal action taken by a shareholder on behalf of the corporation.

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29

Oppression Remedy

A legal remedy for shareholders against unfair treatment by the corporation.

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30

Tort

A wrongful act that causes harm to another person or their property.

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31

Negligence Test

A legal standard to determine if a duty of care was breached.

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32

Burden of Proof

The obligation of one party to prove their claims in a lawsuit.

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33

Duty of Care

The legal obligation to adhere to a standard of reasonable care.

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