Law and the Legal System: Chapter 1
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Questions and Answers

Which of the following scenarios best exemplifies the application of stare decisis?

  • A judge refers to a civil code to interpret a contractual dispute.
  • A judge applies the ruling from a previous similar case to a current case. (correct)
  • A judge creates a new regulation to address an emerging public safety concern.
  • A judge considers moral principles in the absence of existing legal precedent.

Which area of law primarily governs disputes arising from the purchase and sale of goods between businesses?

  • Land law
  • Tort law
  • Canon law
  • Contract law (correct)

What distinguishes a right from a privilege in a legal context?

  • A right requires specific performance, while a privilege is discretionary.
  • A right is granted by the government, while a privilege is inherent.
  • A right applies only to citizens, while a privilege extends to all residents.
  • A right is protected and enforced by the state, while a privilege can be limited or withdrawn by the state. (correct)

Which of the following is the correct sequence for a bill to become a law?

<p>Motion, royal assent, proclaimed (D)</p> Signup and view all the answers

Which type of law specifically addresses the relationship between the Canadian government and indigenous people?

<p>Aboriginal law (D)</p> Signup and view all the answers

If a statute delegates authority to a government agency to create specific rules for an industry, what are these rules called?

<p>Regulations (A)</p> Signup and view all the answers

A plaintiff is seeking compensation for injuries caused by a neighbour's negligence. Which area of law is most directly involved?

<p>Tort law (D)</p> Signup and view all the answers

A business owner wants to know their legal obligations regarding workplace safety. Which type of law would be MOST relevant in determining these obligations?

<p>Administrative law (A)</p> Signup and view all the answers

Which of the following scenarios best exemplifies the distinction between public and private law?

<p>A criminal prosecution against an individual for tax evasion. (B)</p> Signup and view all the answers

In which situation would an ad hoc tribunal be MOST appropriate for dispute resolution?

<p>A complex, long-standing international trade dispute with unique circumstances. (B)</p> Signup and view all the answers

Which of the following best illustrates the concept of 'mens rea' in criminal law?

<p>Intentionally setting fire to a building. (B)</p> Signup and view all the answers

A company publishes false statements about a competitor's product, claiming it causes health problems, leading to a significant drop in the competitor's sales. This scenario BEST describes which of the following torts?

<p>Slander of goods. (D)</p> Signup and view all the answers

An administrative tribunal makes a decision that a company believes is unfair. Which process would the company MOST likely use to challenge the decision?

<p>Judicial review. (A)</p> Signup and view all the answers

Which situation BEST demonstrates the application of 'res ipsa loquitur'?

<p>A patient develops an infection after surgery, but the source of the infection cannot be determined. (D)</p> Signup and view all the answers

A store owner detains a suspected shoplifter in their office for several hours before calling the police, even though the suspect insists they didn't steal anything. The shoplifter may have a claim for:

<p>Forcible confinement. (C)</p> Signup and view all the answers

In which of the following scenarios would the 'doctrine of laches' MOST likely prevent a successful legal claim?

<p>A person waits twenty years after discovering a breach of contract before attempting to sue. (B)</p> Signup and view all the answers

Which scenario best illustrates an employer being held vicariously liable?

<p>A delivery driver, while on duty, causes an accident due to negligence. (C)</p> Signup and view all the answers

Which of the following actions would LEAST likely constitute a 'nuisance'?

<p>Constructing a fence that blocks a neighbor’s view. (B)</p> Signup and view all the answers

Flashcards

Public Law

Law governing the relationship between individuals and the government.

Private Law

Law that focuses on the relationships between individuals.

Jurisdiction

The authority of a court to hear a case.

Actus Reus

The physical act of committing a crime.

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Mens Rea

The mental intent to commit a crime.

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Affidavit

A sworn written statement made under oath.

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Contingency Fee

A lawyer's fee paid only if the case is won.

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Class Action

A lawsuit where one person represents a group.

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Negligence

Failure to exercise reasonable care resulting in harm.

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Punitive Damages

Damages awarded to punish wrongdoing.

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Tort Law

Area of law concerning injury to others.

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Contract Law

Governs day-to-day business operations and agreements.

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Land Law

Covers the purchase, leasing, and financing of property.

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Right vs Privilege

A right is supported by the state, while a privilege can be limited by the state.

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Common Law

Law derived from recorded judgments of the courts.

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Stare Decisis

Principle requiring judges to follow previous case judgments.

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Substantive Law

Laws that establish the rights and duties of individuals.

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Procedural Law

Rules that outline how to enforce substantive rights.

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Study Notes

  • Tort Law: Deals with injuries to others.
  • Contract Law: Covers everyday business operations, including purchases, employment, and risk management.
  • Land Law: Involves buying, leasing, or financing land and buildings.
  • Rights vs. Privileges: Rights are backed by the state, while privileges are actions that can be limited or withdrawn.
  • Law: A set of obligatory rules with potential sanctions for violations.
  • Common Law: Law derived from court judgments.
  • Stare Decisis: Following precedents set in similar cases.
  • Canon Law: Church law.
  • Law Merchant: Merchant customs resolving disputes, later adopted by Common Law.
  • Equity: Rules based on fairness, stemming from royal decisions.
  • Statute Law: Laws passed by a legislative body.
  • Bill: A proposed law.
  • Motion: Decision to introduce a bill for the first time.
  • Royal Assent: Sovereign's approval for a bill to become law.
  • Proclamation: When a law becomes effective.
  • Revised Statutes: Updated or amended statutes.
  • Aboriginal Law: Canadian law related to Indigenous people and their relationship with the Crown.
  • Indigenous Law: Legal traditions, customs, and practices of Indigenous peoples.
  • Civil Code: Written laws outlining citizens' private rights.
  • Administrative Law: Rules governing how statutes apply to administrative tribunals or boards.
  • Regulations (Procedural): Rules made under a statute.
  • Administrative Tribunals: Agencies regulating activities or performing specific actions.
  • Constitution: Foundation of a state's government and powers.
  • Substantive Law: Laws defining rights and duties.
  • Procedural Law: Procedures individuals must follow to enforce substantive laws.
  • Substantive Right: Legally enforceable individual right.
  • Public Law: Deals with relationships between individuals and the government.
  • Private Law: Deals with relationships between individuals.

Chapter 2: The Judicial System and Alternative Dispute Resolution

  • Jurisdiction: A court's authority to hear a case.
  • Trial Court: Initial court for a legal action.
  • Courts of Appeal: Review decisions of trial courts.
  • Assizes: Court sessions in different locations.
  • Actus Reus: The criminal act itself.
  • Mens Rea: Criminal intent.
  • Judgment: A court's decision.
  • Pleadings: Written statements outlining facts and claims.
  • Examination for Discovery: Pre-trial examination, oral or written.
  • Affidavit: Sworn written statement.
  • Contingency Fee: Lawyer's fee contingent on success.
  • Class Action: A single person represents a group in a lawsuit.
  • Ad Hoc Tribunal: Temporary tribunal for specific disputes.
  • Arbitration: Binding dispute resolution with an impartial third party.
  • Attorney/Solicitor/Barrister: Different types of lawyers with specialized roles.

Chapter 3: Business Regulation

  • Administrative Tribunals: Agencies created by legislation for specific tasks.
  • Judicial Review: Courts examining decisions of administrative tribunals.
  • Natural Justice: Procedural fairness in decision-making.

Chapter 4: Intentional Torts

  • Assault: Threat of violence.
  • Battery: Unlawful touching.
  • Employer Vicarious Liability: Employer's liability for employee actions.
  • Forcible Confinement: Confinement against a person's will.
  • Defamation: False statements harming reputation.
  • Libel: Defamation in permanent form.
  • Slander: Defamatory spoken statements.
  • Trespass: Unauthorized entry onto land or damage to property.
  • Conversion: Refusal to return a possessed item to its owner.
  • Slander of Goods/Injurious Falsehood: False statements damaging a business's reputation.
  • Slander of Title: False statements about ownership.
  • Restraint of Trade: Agreements harming competition.
  • Deceit: Damage caused by false representation with intent to deceive.
  • Fraudulent Conversion: Obtaining goods under false pretenses.
  • Unfair Business Practices: Exploiting consumer inexperience.

Chapter 5: Negligence and Unintentional Torts

  • Duty of Care: Not to injure others.
  • Reasonable Person: Standard for negligence.
  • Causation/Proximate Cause: Direct link between action and injury.
  • Strict Liability: Responsibility regardless of circumstances.
  • Vicariously Liable: Liability for another's actions.
  • Res Ipsa Loquitur: "The thing speaks for itself." (circumstantial evidence)
  • Nuisance: Interference with property enjoyment.
  • Injunction: Court order to refrain from an action.
  • Volenti Non Fit Injuria: "Voluntary assumption of risk."
  • Act of God: Natural disaster.
  • Waiver: Giving up a right or claim.
  • Release: Agreement not to sue.
  • Doctrine of Laches: Delaying action unjustifiably.
  • Punitive/Exemplary Damages: Damages to deter future actions.
  • Contempt of Court: Disregarding a court order.
  • Order of Replevin: Retrieving goods taken illegally.

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Explore the fundamentals of law and the legal system. This includes tort law, contract law, land law, and the distinctions between rights and privileges. Learn about common law, stare decisis, canon law, law merchant, equity, and statute law.

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