Explain the difference between law and morality

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Reference no: EM133996367

Assignment:

Part 1

1. Explain the difference between law and morality.

2. What are the two main categories of law? What are the two main spheres in Canada?

3. Describe the implications of sections 91 and 92 of the Constitution Act.

4. What is the impact of the Charter? What are some of the limitations on it?

5. What is the role of the courts in a common law system? Administrative tribunals?

6. What is the purpose of "discovery" in the legal process?

7. What are the three main types of alternative dispute resolution (ADR)?

Part 2

1. What is the main distinction between employment and labor law?

2. What sets employment contracts apart from other contracts?

3. How do the obligations of an employer and employee differ? Why do you think that is?

4. Explain the concept of "accommodation" in relation to an employer's obligations pertaining to human rights.

5. What must a plaintiff prove to establish a negligent tort? Provide an example of one in the employment law context.

6. What are three steps that an employer could take to avoid common law liability?

Part 3

1. List and explain the elements that must be present for an agreement to qualify as a valid contract?

2. Is an advertisement an offer or an invitation to treat? Explain.

3. What is the postal (postbox) rule for acceptance? What is the ordinary rule for acceptance?

4. Why is a counteroffer a form of rejecting an offer?

5. Explain the difference between a bilateral contract and a unilateral contract.

6. Can an offer be accepted by silence? Explain why or why not.

7. What is consideration.

8. What are the key contractual terms that come up in employment contracts specifically?

9. What is an unconscionable agreement in the employment law context? How would such a situation be enforced and deal with?

Part 4

1. How has the law changed since the decision in Christie v York Corporation?

2. What is the role of intent in discrimination?

3. How is discrimination defined?

4. What are the remedies for human rights violations in the workplace?

5. What are the five exemptions or situations where discrimination is permissible?

6. List some best practices for employers with respect to avoiding discrimination at the hiring stage.

Part 5

1. According to the Human Rights Tribunal Rules of Procedure, what powers does the Tribunal have to intervene in applications?

2. Describe the remedies that courts may award in response to human rights complaints.

3. Explain the importance of autonomy as an aspect of dignity, being one of the three principles of accommodation.

4. How is the duty to accommodate fulfilled in the unionized work environment?

5. How would an employer meet its duty to accommodate an alcohol- or drug-dependent employee? Provide an example of how an employer may accommodate an employee who requires marijuana for medical use.

6. How must employers accommodate employees who are pregnant or breastfeeding?

7. Which party has the burden of proof in an undue hardship claim? Explain some of the evidentiary limits that govern such claims.

Part 6

1. What is the standard used for determining whether or not harassment occurred?

2. What constitutes sexual harassment?

3. What are the key elements of an effective anti-harassment policy?

4. How many employers be held vicariously liable for human rights violations?

5. What is required of employers in charge of workplaces with 50 or more employees with respect to employment accessibility standards?

6. What does the Ontario Human Rights code require with respect to employee benefit plans?

Reference no: EM133996367

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