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Flashcards

MIDTERM 1 LAW

Jacob Hofing LAW English 46 cards

Cards in this deck (46)

  1. 1What is Stare Decisis?It is a law of precedents.
  2. 2Common/Equity Law is created by?Judges, and their precedents.
  3. 3What are 4 methods a judge can use to ignore precedent?1. The facts are different
    2. Inferior court
    3. Distant jurisdiction
    4. Statue supersedes a precedent
  4. 4What is Statute Law?It is law passed by a body of government.
  5. 5What is Administrative Law?It is law created by an administrative body, for the use of regulation. (i.e. a Board or Commission)
  6. 6What do Boards and Commissions do?1. Set up qualifications
    2. investigate complaints
    3. Take away licenses and levy fines
  7. 7What is the name of the administrative quasi-courts?Tribunals
  8. 8It is permitted to use hearsay evidence in a Tribunal, and if so, why?Yes, hearsay evidence can be used in a tribunal because they are unofficial court rooms and do not need to follow court room procedure.
  9. 9What are 2 things you can appeal a tribunal ruling to a court of law?1. Procedural error
    2. "Fairness" (i.e. race issues, equality rights, etc.)
  10. 10Constitutional Law split the powers of Federal and Provincial governments under which act?The British North America act of 1967.
  11. 11In Section 92 of the BNA, what powers do a provincial body of government hold?1. Property and civil rights
    2. Matters of local activities
  12. 12What powers do a Federal body of government hold?1. Trade and commerce
    2. Bankruptcy
    3. Maritime Law
    4. Criminal Law
    5. Money
    6. Anything not included in Section 92
  13. 13Explain section 15 of the Charter of Rights and freedoms.Section 15 is the Equality Rights section. It describes that no person can be subject to discrimination for anything. The exception is, you can discriminate an advantage people group if it is for the benefit if a disadvantaged group.
  14. 14Explain section 33 of the Charter of Rights and freedoms.Section 33 is the non-withstanding clause, which gives federal and provincial governments the power to deny any section of the Charter. This is done by calling the body of government together to pass the clause, and must be re-passed every 5 years.
  15. 15Explain section 6 of the Charter of Rights and freedoms.Section 6 is about Mobility Rights. It allows Canadians to enter, remain, and leave Canada. It also allows Canadians to move and pursue jobs in other provinces. (Exception to pursuing jobs: if the province has a higher unemployment rate than the countries average, it can deny jobs.)
  16. 16Explain section 1 of the Charter of Rights and freedoms.Section 1 one has the same properties as section 33, but it applies to judges. They can ignore any section of the Charter, as long as it is deemed socially acceptable.
  17. 17What are 2 grounds for appeal?1. Judge or jury erred in fact
    2. Judge erred at law
  18. 18What is a Tort?It is a wrong
  19. 19What are the 3 kinds of Torts?1. Intentional
    2. Unintentional
    3. Strict liability
  20. 20What is Assault (Civil)?The threat of violence.
  21. 21What are the elements of Battery?1. Intentional application of force
    2. Without consent
  22. 22What are the defenses to Battery?1. Provocation
    2. Self defense
    3. Section 41 of the Criminal Code
  23. 23Describe the Provocation Defense.Provocation is not a complete defense, as it relies on sympathy from a judge and it cannot be used to absolve all damages, but can reduce them to nominal damages. It also explains the reasons for the battery.
  24. 24Describe the Self Defense Defense.It is an absolute defense. The elements are:
    1. Must prove a justified fear for own safety
    2. Prove that you didn't use excessive force
  25. 25Describe Section 41 of the Criminal Code.An occupier of a property (or authority) may remove a trespasser from the property, using no "more force than necessary."
  26. 26What is the Thin Skull Principle?It makes everyone liable for all the damages as the result of battery, including "non-foreseeable damages (i.e. thin skull implosion.)
  27. 27What is Vicarious Liability?An employer is responsible for the acts of an employee if said employee is acting within the scope of their job.
  28. 28What is False Imprisonment?It is when you restrain someone:
    a. Without legal justification; and
    b. without their consent
  29. 29What is the defense to False Imprisonment?If it is reasonable and probable to believe that the person imprisoned committed an offence.
  30. 30What are punitive damages?It is when a judge grants damages to make a point, or to punish.
  31. 31What is the Lucky Moose Bill?It allows people to make Citizens arrest, with no "more than reasonable force."
  32. 32What are the 2 types of Defamation?1. Slander - Spoken Defamation
    2. Libel - Written Defamation
  33. 33What are the elements of Defamation?1. False Statement of facts
    2. Hurts a reputation
  34. 34What are the defenses to Defamation?1. Truth
    2. Fair comment (opinion)
    3. Qualified Statements
  35. 35Explain Qualified Statement.It is used mainly for the media to defend against accidental Defamation. It has 2 elements:
    1. Urgent need to inform the public
    2. No time to check the facts
    Both elements must be present to be used as a defense.
  36. 36What is Qualified Privilege?It is used in regards to employment references. If an employer gives a Defamatory reference, they are not able to be sued.
  37. 37What is Absolute Privilege?It means you cannot sue if a defamatory statement is made in privileged areas such as:
    1. Legislative Assembly or House of Commons
    2. Administrative proceeding (a board meeting)
    3. Any legal proceeding
  38. 38What are the 3 land rights?1. Elusive Possession (Tenant)
    2. Use & Enjoyment (Tenant)
    3. Perversion (Landlord)
  39. 39What are the 3 types of Trespassing?1. Wrongful Entry
    2. Wrongful Remain
    3. Wrongful Placing (Dumping)
  40. 40What are remedies to Trespassing?1. Damages (compensation)
    2. Injunction (court order)
    3. Self help (security or body guard, see section 42 of criminal code)
  41. 41What is Nuisance?An act that wrongfully causes harm of an other's property, or, if it affects the occupiers use and enjoyment of the property.
  42. 42What is the defense to Nuisance?Reasonable Nuisance (i.e., building a house near an airport.) It should have been expected. It is not reasonable nuisance, however, if there is physical damage to property or person.
  43. 43What are the 4 elements of Negligence?1. Duty of Care (who are you liable to?)
    2. Standard of care (What level of care?)
    3. Remoteness (What injuries are you liable for?)
    4. Causation (was there an intervenor? Apply Spence test)
  44. 44What is the Spence Test?It is used to determine an intervenor. It has 3 elements, if one is fulfilled, they are an intervenor.
    1. They are not foreseeable
    2. They are acting criminally
    3. They are acting maliciously
  45. 45What are the elements of Nervous Shock?1. Diagnosed with a Recognized Psychiatric Disorder
    2. Immediate family member
    3. Actually witnessed accident or its immediate aftermath.
  46. 46What is Strict Liability?It is when someone keeps something predictably harmful on their property that can cause damage and if it constitutes as non-natural, the owner is liable for the damages that said thing causes.

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LAW Flashcards on MIDTERM 1 LAW, created by Jacob Hofing on 03/02/2018.
Created by
Jacob Hofing · Feb 2018
Updated
Feb 4, 2018
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