Introduction to Law and Justice

<p>Lawsuits deal with private legal disputes while prosecution covers criminal offenses (D)</p> Signup and view all the answers

<p>Public law that punishes serious crimes to protect society (B)</p> Signup and view all the answers

<p>The commission of an actual crime (C)</p> Signup and view all the answers

<p>By discouraging future criminal actions through fear of consequences (A)</p> Signup and view all the answers

<p>Respondeat Superior (A)</p> Signup and view all the answers

<p>Employers controlled the workplace and evidence needed to prove negligence. (D)</p> Signup and view all the answers

<p>Workers feared losing their jobs for pursuing lawsuits. (C)</p> Signup and view all the answers

<p>The system made it difficult for employers to assert outdated defenses like negligence. (C)</p> Signup and view all the answers

<p>It discouraged workers from suing due to fear of retaliation. (C)</p> Signup and view all the answers

<p>They feared retaliation or being seen as troublemakers. (A)</p> Signup and view all the answers

<p>High costs associated with litigation made it unaffordable for most workers. (A)</p> Signup and view all the answers

<p>Proving worker's violation of legal regulations. (C)</p> Signup and view all the answers

<p>Many workers had limited options and faced various barriers to pursuing justice. (D)</p> Signup and view all the answers

<p>Both actus reus and mens rea must be proven beyond a reasonable doubt (B)</p> Signup and view all the answers

<p>Presumption of innocence (D)</p> Signup and view all the answers

<p>The Crown (prosecutor) (A)</p> Signup and view all the answers

<p>Criminal trials require a higher standard of proof (A)</p> Signup and view all the answers

<p>Actions taken by persons acting outside their jurisdiction (B)</p> Signup and view all the answers

<p>An impartial tribunal must establish guilt (D)</p> Signup and view all the answers

<p>Acting ultra vires in a federally regulated workplace (B)</p> Signup and view all the answers

<p>Authority given to a government to make decisions and enforce laws (A)</p> Signup and view all the answers

<p>To establish a no-fault compensation system for injured workers (D)</p> Signup and view all the answers

<p>Injured workers relied on proving employer negligence in court (A)</p> Signup and view all the answers

<p>The enforcement of workplace safety regulations (A)</p> Signup and view all the answers

<p>Established a no-fault compensation system for workers (C)</p> Signup and view all the answers

<p>Employers had strict legal defenses and high litigation costs (D)</p> Signup and view all the answers

<p>They combine OHS and workers' compensation management (C)</p> Signup and view all the answers

<p>To protect workers more effectively than common law did (C)</p> Signup and view all the answers

<p>Supporting injured workers and their families (A)</p> Signup and view all the answers

<p>Dropping waste on someone else's property. (A), Only entering someone's land without permission. (D)</p> Signup and view all the answers

<p>Private nuisance (B)</p> Signup and view all the answers

<p>Demonstrating actual damages occurred. (B)</p> Signup and view all the answers

<p>If they have suffered special harm compared to the general public. (C)</p> Signup and view all the answers

<p>Prescription (C)</p> Signup and view all the answers

<p>Potential for civil action seeking damages. (A)</p> Signup and view all the answers

<p>Intent to cause harm (D)</p> Signup and view all the answers

<p>Act of God (D)</p> Signup and view all the answers

<p>Public policy considerations to avoid excessive litigation (D)</p> Signup and view all the answers

<p>The potential for excessive litigation detected by the court (A)</p> Signup and view all the answers

<p>Fellow-servant rule (A)</p> Signup and view all the answers

<p>Volenti non fit injuria (A)</p> Signup and view all the answers

<p>Violation of employer's rule (C)</p> Signup and view all the answers

<p>Modern laws recognize employers' responsibility for workplace injuries (D)</p> Signup and view all the answers

<p>The worker should have understood the risks regardless of training (C)</p> Signup and view all the answers

<p>The burden of proof rested solely on the workers (B)</p> Signup and view all the answers

<p>Contributory negligence (D)</p> Signup and view all the answers

<p>Fear of job loss and financial instability (D)</p> Signup and view all the answers

<p>Volenti non fit injuria (C)</p> Signup and view all the answers

<p>They could face retaliation from the employer (A)</p> Signup and view all the answers

<p>Employers cannot use volenti non fit injuria as a defense (B)</p> Signup and view all the answers

<p>High costs associated with legal representation (B)</p> Signup and view all the answers

<p>The employer's modification of equipment (A)</p> Signup and view all the answers

<p>Duty to ensure physical workplace safety (D)</p> Signup and view all the answers

<p>Balance of blame between worker and employer (B)</p> Signup and view all the answers

<p>No-fault compensation (D)</p> Signup and view all the answers

<p>Workers often chose to endure their injuries instead of suing (C)</p> Signup and view all the answers

<p>Fellow-servant rule (A)</p> Signup and view all the answers

<p>Defenses that shifted blame back to workers (C)</p> Signup and view all the answers

<p>Evidence of the worker's misconduct (A)</p> Signup and view all the answers

<p>It provided guaranteed compensation without necessitating a lawsuit (C)</p> Signup and view all the answers

<p>Ensuring tools are safely maintained and stored (A)</p> Signup and view all the answers

<p>It facilitates a pooled fund for worker compensation (B)</p> Signup and view all the answers

<p>To create procedures that effectively manage work risks (A)</p> Signup and view all the answers

<p>The Ontario Workers' Compensation Act of 1914 (D)</p> Signup and view all the answers

<p>The social stigma associated with injury claims (B)</p> Signup and view all the answers

<p>It ensures that benefits and payments are always accessible. (D)</p> Signup and view all the answers

<p>Workers can claim damages regardless of their partial fault. (D)</p> Signup and view all the answers

<p>Injured workers are financially supported without litigation. (C)</p> Signup and view all the answers

<p>To adjudicate claims and manage the compensation system impartially. (D)</p> Signup and view all the answers

<p>Workers are prohibited from claiming both employer and contractor damages for the same injury. (C)</p> Signup and view all the answers

<p>Workers cannot be deemed to have voluntarily accepted injury risk due to workplace defects. (D)</p> Signup and view all the answers

<p>The defendant is responsible for damages even if they were not negligent. (B)</p> Signup and view all the answers

<p>It can occur without causing harm or damage. (A)</p> Signup and view all the answers

<p>It provides a more protective framework for workers and limits employer defenses. (D)</p> Signup and view all the answers

<p>It must benefit the injured worker and cannot be paid until claims are satisfied. (B)</p> Signup and view all the answers

<p>To serve as the final level of appeal from the compensation board's decisions. (B)</p> Signup and view all the answers

<p>Workers are barred from recovering damages from both the employer and the contractor for the same injury. (B)</p> Signup and view all the answers

<p>Workers cannot be considered to have voluntarily assumed risk due to workplace defects. (B)</p> Signup and view all the answers

An employer can be held responsible for the harmful actions of their employees, even if the employer isn't directly at fault.

A way for employers to avoid liability by showing they took all reasonable steps to follow safety rules.

Part of public law that deals with punishing crimes to protect society.

Legal process of bringing criminal charges and proving guilt in a court of law.

A private legal dispute resolved in civil court.

A legal principle that holds employers responsible for the negligent actions of their employees if the work benefits the employer.

Providing money or other benefits to victims of harm.

Using punishment to discourage people from committing crimes in the future.

Both the guilty act (actus reus) and the guilty mind (mens rea) must be proven beyond a reasonable doubt for a criminal conviction.

In a fair trial system,a person is considered innocent until proven guilty.

In a criminal trial, the responsibility to prove guilt rests entirely with the prosecution (Crown).

Criminal cases require a higher level of certainty (beyond a reasonable doubt) than civil cases.

The legal authority of a government body to make decisions, enforce laws, and govern in specific areas.

Acting within the legal authority/jurisdiction.

Acting outside the legal authority/jurisdiction.

Different levels of government (federal, provincial/territorial) have specific jurisdiction over OHS regulations.

Employers would argue that workers' injuries were caused by their own negligence or violation of company rules, claiming they were not responsible.

The "no-fault" system shifted the focus from proving employer negligence to simply determining if an injury occurred during work. Employers could no longer easily escape responsibility by blaming the worker.

Workers had to prove that their injuries were caused by their employer's negligence, but they often lacked access to evidence like faulty equipment or unsafe conditions.

Workers feared retaliation, such as being fired, for suing their employers, as there were no laws protecting them from this.

Workers were often unwilling to testify against their employer out of fear, making it difficult for injured workers to find witnesses.

Injured workers often couldn't afford the high costs of litigation, making it extremely difficult for them to pursue their cases.

These defences made it difficult for workers to seek compensation for injuries, effectively putting their well-being below the interests of employers.

Without laws protecting them, workers faced significant obstacles in seeking justice for workplace injuries, highlighting the importance of strong OHS regulations.

A legal system where disputes are resolved through adversarial proceedings between two parties, relying on precedents and interpretations of laws.

Weaknesses or flaws in the legal system or arguments that hinder or prevent fairness and justice.

Workers' compensation system where injured workers receive benefits regardless of fault, focusing on the fact of the injury, not the blame.

Laws that provide financial and medical benefits to workers who are injured or become ill due to their work.

Laws that set standards and rules to protect worker safety and health in the workplace.

Informal name for the Occupational Health and Safety Act (OHSA) in Ontario, Canada.

Workers had to prove their employer's negligence in court, which was expensive and difficult, and they faced legal defenses that often favored employers.

The adversarial nature of the common law system didn't focus on fairness for workers, often prioritizing legal arguments over individuals' well-being.

Injured workers had to prove their employer's negligence caused their injury. This was difficult because employers controlled the workplace and evidence.

Workers could be fired for suing their employers, making them afraid to seek justice. No laws protected them from losing their jobs.

Workers were afraid to testify against their employer, fearing retaliation. This made it hard for injured workers to get witnesses.

Injured workers, often poor, couldn't afford the high cost of suing their employers. This was a huge barrier to justice.

Even if a worker could afford to sue, the legal process was slow. This delayed justice and made workers struggle.

Employers must hire competent people to prevent workplace accidents. They can be liable if they know someone is unsafe and let them work.

Employers must make the workplace physically safe. This includes controlling hazards like chemicals and keeping the environment clean.

Employers must provide safe tools and equipment for workers. This includes maintenance and proper storage.

Employers are responsible for ensuring procedures, rules, and training are effective to protect workers. This includes managing risks.

In 1910, Justice William Meredith studied global compensation systems to create a fair system in Ontario.

The principles from the Meredith Report that shaped modern workers' compensation in Canada, focusing on fairness and ensuring compensation.

Injured workers are compensated regardless of fault. In exchange, they give up the right to sue their employers.

Employers contribute to a shared fund to pay for injured workers. This protects workers even if their employer goes bankrupt.

A 19th-century case where a butcher was injured due to his employer's negligence, but the court ruled in favor of the employer, fearing a flood of lawsuits.

A case where a worker was injured by a fellow worker's negligence, but the employer was not held responsible due to the 'fellow-servant' rule.

A modern case where despite the employer's negligence, the court ruled against the worker because he had been warned about the risks.

A case where the court held a worker responsible for his injury despite lacking training, emphasizing the worker's assumed responsibility for their safety.

A common law defense claiming workers voluntarily accepted the risks of their jobs, making the employer less responsible.

A doctrine claiming employers are not responsible for injuries caused by a coworker's negligence.

A defense where the injured worker's actions were partially responsible for their injury, reducing the employer's liability.

Employers argued that workers were injured due to violating safety rules, making the workers responsible for their own injuries.

Employers claimed that workers were injured while engaging in illegal activities, making their claims invalid.

A legal strategy where the court fears opening the door to a large number of similar lawsuits, potentially affecting the economy.

A rationale used by courts that considers the best interests of society, even if it goes against individual fairness.

Courts in recent cases still tend to rule against workers suing for workplace injuries, highlighting the limitations of Common Law.

An outdated view of the employer-employee relationship, where the employer has primary responsibility for workplace safety.

Modern laws designed to protect workers by providing benefits for work-related injuries, regardless of fault.

A workers' compensation system where injured workers receive benefits regardless of who is at fault. It's focused on recovery, not blame.

A system that provides financial and medical benefits to workers injured on the job, regardless of fault.

An impartial group oversees workers' compensation claims, free from political influence.

Workers' compensation boards have sole authority over claims, preventing separate lawsuits.

The Workplace Safety and Insurance Act (WSIA) outlines when a worker can sue their employer for injuries.

An employer is liable if a worker is injured due to a defect in the work environment or equipment.

An employer is liable if their own actions directly cause a worker's injury.

An employer is liable if a co-worker's negligence, while working, causes a worker's injury.

Workers cannot be held responsible for injuries simply because they knew about risks in the workplace.

Insurance payouts for employer liability are meant to directly benefit injured workers.

Legal responsibility for harm without needing to prove fault. Think of a reservoir bursting and flooding a neighbor.

Unlawful entry onto someone else's property without permission.

Legal claims related to environmental harm, often involving the question of who is responsible.

Legal responsibility for harm even without intent or negligence. Applies to certain activities considered inherently dangerous, like handling hazardous materials.

Unreasonable interference with someone's enjoyment of their property. Noise, pollution, or other disturbances can qualify.

Protects landowners from actions that disrupt their enjoyment of their property.

Interference with public rights or the general public's enjoyment of shared resources.

Failure to exercise reasonable care, leading to foreseeable harm. Includes environmental harm like pollution.

Legal obligation to act reasonably and avoid causing harm to others. This applies to all aspects of life, including work.

OHS professionals must understand environmental laws to advise employers on minimizing legal risks and ensuring a safe workplace.