Untitled Quiz

Study Notes

Canada operates with a federal and provincial governmental system, with powers divided by the Constitution.
Three branches of government: Legislative (creates laws), Executive (enforces laws), Judicial (interprets laws).
Sections 91 and 92 of the Constitution Act, 1867 outline federal and provincial powers, respectively.
The Charter of Rights and Freedoms (Constitution Act, 1982) protects individual rights and freedoms at federal and provincial levels.

Procedural Law governs the process of legal proceedings, while Substantive Law defines rights and duties.
Public Law involves the state, including criminal law, whereas Private Law deals with private relationships.
The common law system originated in England and is based on prior judicial decisions (precedents).
The civil law system originated in Continental Europe, relies on codified statutes, and is applied in Quebec.

Precedent is a previous court decision serving as a rule for future cases, governed by the doctrine of stare decisis.
The Charter of Rights protects fundamental rights but has limitations for public safety or other significant interests.
Rights protected include freedom of expression, right to equality, and right to a fair trial.
Standard of proof in criminal cases is "beyond a reasonable doubt," while in civil cases, it is "on the balance of probabilities."

ADR encompasses methods like mediation and arbitration, aimed at resolving disputes outside of court.
Different forms of ADR include mediation (neutral facilitator) and arbitration (binding decision by a selected arbitrator).
Courts in Alberta include the Provincial Court, Court of Queen's Bench, and the Court of Appeal, each with specific jurisdictions and decision-makers.
Provincial Court has five divisions: Civil, Criminal, Family, Youth, and Small Claims, each handling different case types.
The Supreme Court of Canada is the highest court of appeal.
Litigation offers structured processes but can be costly and time-consuming; limitation periods restrict the time to file legal claims to promote timely resolutions.

A tort is a civil wrong causing harm or loss, leading to liability.
There are two kinds of liability in tort: strict liability (no fault required) and negligence (based on fault).
Individuals committing a tort together share joint liability.
Types of damages in tort include: compensatory damages (actual loss), punitive damages (punishment), and exemplary damages (deterrence).
Key torts include nuisance (interference with enjoyment of land), trespass to property (entering without permission), and false imprisonment (restriction of movement).

The tort of negligence involves failure to exercise reasonable care, resulting in harm.
Four steps to a negligence action: duty of care, breach of standard of care, causation, and remoteness.
Duty of care is owed to anyone who could foreseeably be harmed by one's actions.
Standard of care is judged against what a reasonable person would do in similar circumstances, considering expertise for professionals.
Causation involves showing the breach caused the harm, typically assessed by the "but for" test.
Courts assess remoteness to determine if the damages were a foreseeable result of the negligent act.
The thin skull rule dictates that a defendant is liable for the full extent of a victim's injury, even if it was unforeseeable.
Defenses in negligence include contributory negligence (plaintiff's own fault) and voluntary assumption of risk.
Remedies in tort actions can include monetary compensation or injunctions.
Occupiers' Liability refers to the legal duty of property owners to ensure safety for visitors.