GB317 Test #1

  1. the body of rules that can be enforced by the courts or by other government agencies
  2. written demand or request from the court, ordering someone to do something or to stop doing something
  3. rules determining behaviour
    substantive law
  4. how the legal process works
    procedural law
  5. regulates our relationship with government
    public law
  6. regulates personal, social, and business relationships
    private or civil law
  7. codified body of rules
    civil code legal system
  8. legal system used in most countries
    civil code
  9. judge-made law
    common law legal system
  10. stare decisis
    based on precedent
  11. 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
  12. Common law - sources of law (3)
    • - common law (following precedent)
    • - law of equity (Courts of chancery)
    • - statutes
  13. bound to follow precedent if: (3)
    • - decision is made by a higher court
    • - in the same jurisdiction
    • - based on similar facts
  14. legislation overrides common law and law of equity
    parliamentary supremacy
  15. laws created by legislative bodies
  16. everyone is subject to the same laws and everyone goes through the same legal process
    rule of law
  17. federal laws supercede provincial laws
    principle of paramouncy
  18. Canada inherited certain conventions or traditions from Britain (3)
    • - rule of law
    • - principles established in the Magna Carta
    • - Parliamentary supremacy
  19. ended ties with the British government
    Constitution Act (1982)
  20. sections 91 and 92 divide powers between federal and provincial governments
    BNA Act 1867
  21. protects individuals from infringement on their rights by governments or their agents
    Charter of Rights and Freedoms
  22. limitations on Charter rights (3)
    • - sec. 1 - reasonable exceptions
    • - sec. 33 - "notwithstanding clause"
    • - sec. 32 - charter applies only to government
  23. process of civil litigation (5)
    • - writ of summons (plaintiff)
    • - appearance (defendant)
    • - statement of claim (p)
    • - statement of defence (d)
    • - counterclaim (d)
  24. monetary compensation
  25. damages (3)
    • - general - non-quantifiable losses
    • - special - quantifiable losses
    • - punitive - to punish the wrongdoer
  26. equitable remedies (3)
    • - injunction (stop order)
    • - specific performance (fulfill the terms of an agreement)
    • - accounting (pay over profits)
  27. alternative dispute resolution (3)
    • - negotiation
    • - mediation
    • - arbitration
  28. advantages of alternate dispute resolution (5)
    • - parties maintain control
    • - lower costs
    • - matters remain private
    • - preserves good will
    • - can achieve a win-win resolution
  29. 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
  30. rights and freedoms in the charter (6)
    • - fundamental freedoms
    • - democratic rights
    • - mobility rights
    • - legal rights
    • - equality rights
    • - language rights
  31. private or civil court action where the injured party sues wrongdoer for compensation for wrongful conduct
  32. threat to harm another
  33. - must be immediate
    - must be physically possible to carry out
    - need not be harmful, just unwanted
  34. involves intentional, unwanted physical contact
  35. defences to assault and battery (2)
    • - consent
    • - self-defence
  36. unlawful restraint
    false imprisonment
  37. arrest by private citizens when no crime has taken place
    false imprisonment
  38. coming onto another's property without permission or authority
  39. throwing something onto another's property
    indirect trespass
  40. defence for trespass
    intruder had no control over where he/she was
  41. using your property so as to substantially interfere with your neighbour's use of his/her property
  42. derogatory false statement to the detriment of a person, company or product
  43. written defamation (includes broadcasted defamation)
  44. spoken defamation
  45. defences to defamation (4)
    • - justification
    • - absolute privilege
    • - qualified privilege
    • - fair comment
  46. defence available when defamatory statements are made about public figures or work put before the public
    fair comment
  47. an implied statement that is detrimental to another
  48. 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
  49. defamation defence that the statement is substantially true
  50. inadvertent conduct falling below the reasonable person standard and causing injury or damage to another
  51. an obligation to take steps to avoid foreseeable harm; an essential element for establishing liability in the tort of negligence
    duty of care
  52. 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
  53. that the injury suffered was the direct result of the conduct complained of
  54. defences to negligece (3)
    • - contributory negligence
    • - voluntary assumption of risk
    • - remoteness
  55. a claim that the plaintiff to an action has also been negligent and contributed to his own loss
    contributory negligence
  56. false statement with respect to another's product or business
    product defamation (also known as injurious falsehood and trade slander)
  57. a person who puts himself forward as an expert must live up to the standard expected of a reasonable expert
    professional liability
  58. determines how the substantive laws will be enforced
    procedural law
  59. a prior decision made by a court of higher jurisdiction that a lower court must follow
  60. circumstantial evidence
    prima facie
  61. court-ordered remedy where any profits made from wrongdoing must be paid over to victim
  62. document filed by the defendant indicating that the action will be disputed
  63. where the parties to a dispute employ the services of a third party to reach a binding decision resolving the dispute
  64. tangible moveable personal property or goods
  65. a tort where a person takes property belonging to another and uses it as his/her own
  66. the separate court that developed te law of equity
    courts of chancery
  67. intentional misrepresentation where one party gains an advantage over another
  68. doing everything reasonable to avoid the problem leading to legal liability
    due diligence
  69. a duty to act in the best interests of others such as partners, principals, and in some circumstances employers
    fiduciary duty
  70. intentional misrepresentation where one party gains an advantage over another
  71. the process where a third party acts as a go-between by making non-binding recommendations to help the parties resolve a dispute
  72. the parties to the dispute directly or indirectly communicating with the object of settling that dispute
  73. 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
  74. what a prudent and careful person would be expected to anticipate in the same circumstances as the defendant
    reasonable person test
  75. a person can respond to an assault with as much force as is reasonable in the circumstances
  76. a principle by which judges are required to follow the decision made in a similar case in a higher court
    stare decisis
  77. direct intentional interference causing damage to the goods of another
    trespass to chattels
  78. employer is liable for the injuries caused by employees during the course of their employment
    vicarious liability
Card Set
GB317 Test #1
Chapters 1, 2,