GB317 Test #1

the body of rules that can be enforced by the courts or by other government agencies

written demand or request from the court, ordering someone to do something or to stop doing something

rules determining behaviour

how the legal process works

regulates our relationship with government

regulates personal, social, and business relationships

codified body of rules

legal system used in most countries

judge-made law

stare decisis

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

Common law - sources of law (3)

bound to follow precedent if: (3)

legislation overrides common law and law of equity

laws created by legislative bodies

everyone is subject to the same laws and everyone goes through the same legal process

federal laws supercede provincial laws

Canada inherited certain conventions or traditions from Britain (3)

ended ties with the British government

sections 91 and 92 divide powers between federal and provincial governments

protects individuals from infringement on their rights by governments or their agents

limitations on Charter rights (3)

process of civil litigation (5)

monetary compensation

damages (3)

equitable remedies (3)

alternative dispute resolution (3)

advantages of alternate dispute resolution (5)

disadvantages of alternate dispute resolution (4)

rights and freedoms in the charter (6)

private or civil court action where the injured party sues wrongdoer for compensation for wrongful conduct

threat to harm another

- must be immediate
- must be physically possible to carry out
- need not be harmful, just unwanted

involves intentional, unwanted physical contact

defences to assault and battery (2)

unlawful restraint

arrest by private citizens when no crime has taken place

coming onto another's property without permission or authority

throwing something onto another's property

defence for trespass

using your property so as to substantially interfere with your neighbour's use of his/her property

derogatory false statement to the detriment of a person, company or product

written defamation (includes broadcasted defamation)

spoken defamation

defences to defamation (4)

defence available when defamatory statements are made about public figures or work put before the public

an implied statement that is detrimental to another

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

defamation defence that the statement is substantially true

inadvertent conduct falling below the reasonable person standard and causing injury or damage to another

an obligation to take steps to avoid foreseeable harm; an essential element for establishing liability in the tort of negligence

the test used to determine whether a person has exercised sufficient care in dealings with others to avoid being liable for negligence

that the injury suffered was the direct result of the conduct complained of

defences to negligece (3)

a claim that the plaintiff to an action has also been negligent and contributed to his own loss

false statement with respect to another's product or business

a person who puts himself forward as an expert must live up to the standard expected of a reasonable expert

determines how the substantive laws will be enforced

a prior decision made by a court of higher jurisdiction that a lower court must follow

circumstantial evidence

court-ordered remedy where any profits made from wrongdoing must be paid over to victim

document filed by the defendant indicating that the action will be disputed

where the parties to a dispute employ the services of a third party to reach a binding decision resolving the dispute

tangible moveable personal property or goods

a tort where a person takes property belonging to another and uses it as his/her own

the separate court that developed te law of equity

intentional misrepresentation where one party gains an advantage over another

doing everything reasonable to avoid the problem leading to legal liability

a duty to act in the best interests of others such as partners, principals, and in some circumstances employers

intentional misrepresentation where one party gains an advantage over another

the process where a third party acts as a go-between by making non-binding recommendations to help the parties resolve a dispute

the parties to the dispute directly or indirectly communicating with the object of settling that dispute

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

what a prudent and careful person would be expected to anticipate in the same circumstances as the defendant

a person can respond to an assault with as much force as is reasonable in the circumstances

a principle by which judges are required to follow the decision made in a similar case in a higher court

direct intentional interference causing damage to the goods of another

employer is liable for the injuries caused by employees during the course of their employment