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the body of rules that can be enforced by the courts or by other government agencies
law
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written demand or request from the court, ordering someone to do something or to stop doing something
writ
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rules determining behaviour
substantive law
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how the legal process works
procedural law
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regulates our relationship with government
public law
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regulates personal, social, and business relationships
private or civil law
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codified body of rules
civil code legal system
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legal system used in most countries
civil code
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judge-made law
common law legal system
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stare decisis
based on precedent
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exemption from liability for defamatory statements made in some settings (such as legislature or courts) without reference to the speaker's motives or the truth of the statement
absolute privilege
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Common law - sources of law (3)
- - common law (following precedent)
- - law of equity (Courts of chancery)
- - statutes
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bound to follow precedent if: (3)
- - decision is made by a higher court
- - in the same jurisdiction
- - based on similar facts
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legislation overrides common law and law of equity
parliamentary supremacy
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laws created by legislative bodies
statutes
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everyone is subject to the same laws and everyone goes through the same legal process
rule of law
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federal laws supercede provincial laws
principle of paramouncy
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Canada inherited certain conventions or traditions from Britain (3)
- - rule of law
- - principles established in the Magna Carta
- - Parliamentary supremacy
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ended ties with the British government
Constitution Act (1982)
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sections 91 and 92 divide powers between federal and provincial governments
BNA Act 1867
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protects individuals from infringement on their rights by governments or their agents
Charter of Rights and Freedoms
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limitations on Charter rights (3)
- - sec. 1 - reasonable exceptions
- - sec. 33 - "notwithstanding clause"
- - sec. 32 - charter applies only to government
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process of civil litigation (5)
- - writ of summons (plaintiff)
- - appearance (defendant)
- - statement of claim (p)
- - statement of defence (d)
- - counterclaim (d)
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monetary compensation
damages
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damages (3)
- - general - non-quantifiable losses
- - special - quantifiable losses
- - punitive - to punish the wrongdoer
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equitable remedies (3)
- - injunction (stop order)
- - specific performance (fulfill the terms of an agreement)
- - accounting (pay over profits)
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alternative dispute resolution (3)
- - negotiation
- - mediation
- - arbitration
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advantages of alternate dispute resolution (5)
- - parties maintain control
- - lower costs
- - matters remain private
- - preserves good will
- - can achieve a win-win resolution
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disadvantages of alternate dispute resolution (4)
- - courts have more power to extract information
- - decisions do not follow precedent
- - agreements may not be enforceable
- - no public record of dispute or decision
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rights and freedoms in the charter (6)
- - fundamental freedoms
- - democratic rights
- - mobility rights
- - legal rights
- - equality rights
- - language rights
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private or civil court action where the injured party sues wrongdoer for compensation for wrongful conduct
tort
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threat to harm another
assault
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- must be immediate
- must be physically possible to carry out
- need not be harmful, just unwanted
assault
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involves intentional, unwanted physical contact
battery
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defences to assault and battery (2)
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unlawful restraint
false imprisonment
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arrest by private citizens when no crime has taken place
false imprisonment
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coming onto another's property without permission or authority
trespass
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throwing something onto another's property
indirect trespass
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defence for trespass
intruder had no control over where he/she was
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using your property so as to substantially interfere with your neighbour's use of his/her property
nuisance
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derogatory false statement to the detriment of a person, company or product
defamation
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written defamation (includes broadcasted defamation)
libel
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spoken defamation
slander
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defences to defamation (4)
- - justification
- - absolute privilege
- - qualified privilege
- - fair comment
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defence available when defamatory statements are made about public figures or work put before the public
fair comment
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an implied statement that is detrimental to another
innuendo
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exemption from liability for defamatory statements made pursuant to a duty or special interest, so long as the statement was made honestly, without malice, and circulated only to those having a right to know
qualified privilege
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defamation defence that the statement is substantially true
justification
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inadvertent conduct falling below the reasonable person standard and causing injury or damage to another
negligence
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an obligation to take steps to avoid foreseeable harm; an essential element for establishing liability in the tort of negligence
duty of care
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the test used to determine whether a person has exercised sufficient care in dealings with others to avoid being liable for negligence
standard of care
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that the injury suffered was the direct result of the conduct complained of
causation
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defences to negligece (3)
- - contributory negligence
- - voluntary assumption of risk
- - remoteness
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a claim that the plaintiff to an action has also been negligent and contributed to his own loss
contributory negligence
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false statement with respect to another's product or business
product defamation (also known as injurious falsehood and trade slander)
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a person who puts himself forward as an expert must live up to the standard expected of a reasonable expert
professional liability
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determines how the substantive laws will be enforced
procedural law
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a prior decision made by a court of higher jurisdiction that a lower court must follow
precedent
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circumstantial evidence
prima facie
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court-ordered remedy where any profits made from wrongdoing must be paid over to victim
accounting
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document filed by the defendant indicating that the action will be disputed
appearance
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where the parties to a dispute employ the services of a third party to reach a binding decision resolving the dispute
arbitration
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tangible moveable personal property or goods
chattel
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a tort where a person takes property belonging to another and uses it as his/her own
conversion
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the separate court that developed te law of equity
courts of chancery
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intentional misrepresentation where one party gains an advantage over another
deceit
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doing everything reasonable to avoid the problem leading to legal liability
due diligence
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a duty to act in the best interests of others such as partners, principals, and in some circumstances employers
fiduciary duty
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intentional misrepresentation where one party gains an advantage over another
fraud
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the process where a third party acts as a go-between by making non-binding recommendations to help the parties resolve a dispute
mediation
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the parties to the dispute directly or indirectly communicating with the object of settling that dispute
negotiation
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a tort action available to prevent someone from misleading the public into thinking it is dealing with some other business or product when it is not
passing-off
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what a prudent and careful person would be expected to anticipate in the same circumstances as the defendant
reasonable person test
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a person can respond to an assault with as much force as is reasonable in the circumstances
self-defence
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a principle by which judges are required to follow the decision made in a similar case in a higher court
stare decisis
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direct intentional interference causing damage to the goods of another
trespass to chattels
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employer is liable for the injuries caused by employees during the course of their employment
vicarious liability
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