Podcast
Questions and Answers
Which of the following sectors are included in the hospitality and tourism sector?
Which of the following sectors are included in the hospitality and tourism sector?
- Hotels
- Restaurants
- Nightclubs
- VRBO/Airbnb
- Casino
- Tourism operators
- All of the above (correct)
Enforceability distinguishes law from moral and ethical standards.
Enforceability distinguishes law from moral and ethical standards.
True (A)
Which of the following are categorizations of law?
Which of the following are categorizations of law?
- Criminal law
- Public law
- International law
- Private law
- Only A and B (correct)
Which of the following is an example of public law?
Which of the following is an example of public law?
Which of the following is an example of private law?
Which of the following is an example of private law?
What is a consequence of a breach of public law?
What is a consequence of a breach of public law?
What may a breach of private law consequence include?
What may a breach of private law consequence include?
Which of the following are sources of law in Canada?
Which of the following are sources of law in Canada?
Which act established the Dominion of Canada as a federation?
Which act established the Dominion of Canada as a federation?
Which act transferred control of the constitution from the United Kingdom to Canada?
Which act transferred control of the constitution from the United Kingdom to Canada?
What does the Constitution Act, 1982 include?
What does the Constitution Act, 1982 include?
What is subordinate legislation?
What is subordinate legislation?
Common law is written down as legislation.
Common law is written down as legislation.
Common law principles or standards must comply with the Constitution.
Common law principles or standards must comply with the Constitution.
Which of the following is the highest court in Canada and does not conduct trials?
Which of the following is the highest court in Canada and does not conduct trials?
How many Courts of Appeal does each province/territory have?
How many Courts of Appeal does each province/territory have?
In the court system, where is authority divided?
In the court system, where is authority divided?
In the judiciary, what must a judge determine based on?
In the judiciary, what must a judge determine based on?
In the judiciary, what must a judge apply to the facts?
In the judiciary, what must a judge apply to the facts?
What three questions should you ask when answering a legal question?
What three questions should you ask when answering a legal question?
Flashcards
Law
Law
Enforceable rules governing relationships between individuals, organizations, and governments.
Public Law
Public Law
Deals with conduct that is offensive to society (e.g., Criminal Code).
Private Law
Private Law
Deals with disputes between individuals or organizations (e.g., contracts).
Breach of Public Law
Breach of Public Law
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Breach of Private Law
Breach of Private Law
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Constitutional Statutes
Constitutional Statutes
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Legislation
Legislation
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Common Law
Common Law
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Constitution Act, 1867
Constitution Act, 1867
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Constitution Act, 1982
Constitution Act, 1982
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Subordinate Legislation
Subordinate Legislation
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Common Law Limits
Common Law Limits
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Trial judge's decision
Trial judge's decision
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Judicial Fact-Finding
Judicial Fact-Finding
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Supreme Court of Canada
Supreme Court of Canada
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Courts of Appeal
Courts of Appeal
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Trial Courts
Trial Courts
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Answering Legal Question
Answering Legal Question
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Bicameral
Bicameral
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Stare Decisis
Stare Decisis
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Subordinate Legislation
Subordinate Legislation
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Judicial Application
Judicial Application
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Unicameral
Unicameral
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Convention
Convention
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Hospitality and tourism sector
Hospitality and tourism sector
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Hospitality laws
Hospitality laws
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Constitution Act, 1867
Constitution Act, 1867
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Constitution Act, 1982
Constitution Act, 1982
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Subordinate Legislation
Subordinate Legislation
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Trial Outcome
Trial Outcome
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Study Notes
- This chapter provides an overview of Canada's legal landscape.
- It covers what law is, the sources of Canadian law, the court and judicial system organization, and how to answer a legal question.
Introduction
- The hospitality and tourism sector encompasses hotels, restaurants, nightclubs, VRBO/Airbnb, casinos, and tourism operators.
- Customers and participants have rights and obligations, with extensive statutory and regulatory requirements in place.
Definition of Law
- Law consists of enforceable rules that govern relationships among individuals, organizations, and governments.
- Enforceability differentiates law from moral and ethical standards.
- Law is categorized into public and private law.
Categorizations of Law
- Public law examples include the Criminal Code and the Income Tax Act.
- Private law includes contracts, property ownership, and damages between people or their property.
- Breaching public law leads to prosecution, while breaching private law may result in actions for compensation.
Sources of Law
- Constitutional statutes: the Constitution Act, 1867 and the Constitution Act, 1982
- Legislation consists of laws made by lawmaking bodies.
- Common law is a system of rules based on precedent.
The Constitution
- Constitution Act, 1867 established Canada as a federation.
- Constitution Act, 1982 transferred constitutional control from the United Kingdom to Canada.
- The 1982 act includes the Charter of Rights and Freedoms and Aboriginal rights.
Legislation
- Legislation results from the work of the Parliament of Canada and provincial/territorial legislatures.
- Subordinate Legislation includes municipal by-laws.
- The decision in Ontario Adult Entertainment Bar Association v Metropolitan Toronto, 1997, is relevant.
Common Law
- Common law is not written down as legislation.
- Common law principles must comply with the Constitution.
- Common law cannot override legislation and can be changed by Parliament or provincial legislatures.
Court System and the Judiciary
- Authority is divided here between Parliament and provincial legislatures.
- The court system consists of Superior Courts, Inferior Courts, and Tribunals.
Court Structure
- The Supreme Court is the highest court and does not conduct trials.
- Courts of Appeal exist at the federal level, with each province/territory having one.
- Trial Courts are a system of courts in each province/territory.
The Judiciary
- A trial judge's decision determines the outcome of a dispute.
- A judge must determine facts based on evidence and apply the law to those facts.
Answering a Legal Question
- Key questions; what has happened? what potential legal questions arise? what is the applicable legal test to determine liability?
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