Podcast
Questions and Answers
Which of the following scenarios best exemplifies the application of stare decisis?
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?
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?
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- A right is protected and enforced by the state, while a privilege can be limited or withdrawn by the state.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?
Which of the following is the correct sequence for a bill to become a law?
Which type of law specifically addresses the relationship between the Canadian government and indigenous people?
Which type of law specifically addresses the relationship between the Canadian government and indigenous people?
If a statute delegates authority to a government agency to create specific rules for an industry, what are these rules called?
If a statute delegates authority to a government agency to create specific rules for an industry, what are these rules called?
A plaintiff is seeking compensation for injuries caused by a neighbour's negligence. Which area of law is most directly involved?
A plaintiff is seeking compensation for injuries caused by a neighbour's negligence. Which area of law is most directly involved?
A business owner wants to know their legal obligations regarding workplace safety. Which type of law would be MOST relevant in determining these obligations?
A business owner wants to know their legal obligations regarding workplace safety. Which type of law would be MOST relevant in determining these obligations?
Which of the following scenarios best exemplifies the distinction between public and private law?
Which of the following scenarios best exemplifies the distinction between public and private law?
In which situation would an ad hoc tribunal be MOST appropriate for dispute resolution?
In which situation would an ad hoc tribunal be MOST appropriate for dispute resolution?
Which of the following best illustrates the concept of 'mens rea' in criminal law?
Which of the following best illustrates the concept of 'mens rea' in criminal law?
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?
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?
An administrative tribunal makes a decision that a company believes is unfair. Which process would the company MOST likely use to challenge the decision?
An administrative tribunal makes a decision that a company believes is unfair. Which process would the company MOST likely use to challenge the decision?
Which situation BEST demonstrates the application of 'res ipsa loquitur'?
Which situation BEST demonstrates the application of 'res ipsa loquitur'?
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:
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:
In which of the following scenarios would the 'doctrine of laches' MOST likely prevent a successful legal claim?
In which of the following scenarios would the 'doctrine of laches' MOST likely prevent a successful legal claim?
Which scenario best illustrates an employer being held vicariously liable?
Which scenario best illustrates an employer being held vicariously liable?
Which of the following actions would LEAST likely constitute a 'nuisance'?
Which of the following actions would LEAST likely constitute a 'nuisance'?
Flashcards
Public Law
Public Law
Law governing the relationship between individuals and the government.
Private Law
Private Law
Law that focuses on the relationships between individuals.
Jurisdiction
Jurisdiction
The authority of a court to hear a case.
Actus Reus
Actus Reus
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Mens Rea
Mens Rea
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Affidavit
Affidavit
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Contingency Fee
Contingency Fee
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Class Action
Class Action
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Negligence
Negligence
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Punitive Damages
Punitive Damages
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Tort Law
Tort Law
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Contract Law
Contract Law
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Land Law
Land Law
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Right vs Privilege
Right vs Privilege
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Common Law
Common Law
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Stare Decisis
Stare Decisis
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Substantive Law
Substantive Law
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Procedural Law
Procedural Law
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Study Notes
Chapter 1: The Law and the Legal System
- 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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Description
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.