BLAW 300 Business Law Unit 1 Final Exam Review PDF

**BLAW 300: BUSINESS LAW** **UNIT 1 -- FINAL EXAM** For this exam, you will be responsible for all of the material we have covered to date, including: - The Canadian Legal System, including the Canadian Constitution, the division of powers and the Charter of Rights - Alternative Dispute...

**BLAW 300: BUSINESS LAW** **UNIT 1 -- FINAL EXAM** For this exam, you will be responsible for all of the material we have covered to date, including: - The Canadian Legal System, including the Canadian Constitution, the division of powers and the Charter of Rights - Alternative Dispute Resolution and Litigation - Tort law, including negligence and intentional torts This means all D2L PowerPoint lecture material provided for Modules 1, 2, 3; chapters 2, 4, 10-12 from the TopHat Text and all material covered in class. **SAMPLE REVIEW QUESTIONS** **[The Canadian Legal System, the Canadian Constitution and the *Charter of Rights*:]** - Describe the levels of government in Canada, the federal and provincial system of governments and explain their relationship to the Constitution - What are the three branches of government, and what are their functions? - Explain the significance of s.91 and s.92 of the *Constitution Act, 1867* - Explain the significance of the Charter of Rights and Freedoms (*Constitution Act, 1982*) - What is Procedural Law? What is Substantive law? - What is public law? What is private law? - What is the common law system of law? Where did it originate? - What is the civil law system of law? Where did it originate? Where is it in effect in Canada? - Contrast the civil system with common law system - What is precedent? What is *stare decisis*? - What is our *Charter of Rights* and what are its functions? - What are some of the rights the Charter protects? - What are the limitations on *Charter* rights? - How are *Charter* rights protected? (Who protects them? How?) - What is the standard of proof in a criminal case? In a civil case? **[Alternative Dispute Resolution and Litigation:]** - What is alternative dispute resolution (ADR)? - What are the different forms of ADR and what are the differences between each? - What are the positives and negatives of the different forms of ADR? - What are the different levels of courts in Alberta? Who makes the decisions in each court? - Identify each of the 5 divisions of Provincial Court in Alberta and explain the types of cases decided in each division and the decision-maker involved. - What is the highest court of appeal in Canada? - What are some of the benefits and detriments of litigation? - What is a limitation period and why do we have them? What is the limitation period in Alberta? What is the ultimate limitation period in Alberta? - What is a statement of claim? What would be the usual "reply" to a statement of claim? - What is a counter claim? - What are "costs"? How are they usually awarded? **[Tort Law, Including Negligence and Intentional Torts:]** - What is a tort? - What are the two different kinds of liability in tort? What are the differences between them? - When two people commit a tort together -- what kind of liability will they have as between the two of them? - What are the different kinds of damages in tort? Be able to distinguish between them and give examples of each kind. - Describe the tort of nuisance. - Describe the tort of trespass to property. - Describe the tort of false imprisonment. - Explain the differences between the torts of assault and battery. - Describe the tort of passing off. - What is the tort of negligence? - What are the four steps to a negligence action? To what standard of proof do they need to be proven? - Duty of Care: to whom do you owe a duty of care? - Explain what is meant by the standard of care. What standard is a person judged by? How do you determine if the standard was breached? - Explain what is meant by "causation." What is the test for causation? - Describe what the courts look for in the element of "remoteness". What is the test for remoteness? - What is the "thin skull rule"? - What defenses are available to a defendant in a negligence action? - What are the remedies in a tort action? - What is Occupiers' Liability? 1. **Explain the difference between the standard of care that is applied to average members of society and the one that is applied to persons who have specialized training.** 2. **What are the steps to an action for the tort of *negligence*?**