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115 Cards in this Set
- Front
- Back
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civil trial rules
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which of the following is procedural as opposed to substantive law?
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theft
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which of the following is not exclusively a civil wrong?
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criminal wrongdoing
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the judge can sentence the defendant to a prison term
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precedent
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judges are bound by prior decisions of higher courts in their jurisdiction
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court of equity
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merged with the common law courts in the nineteenth century
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constitution act 1867
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which law brought Canada into being as a Dominion?
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hierarchy of law
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constitutional law trumps statute law
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public law
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criminal law
administrative law constitutional law |
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public law issue
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bob wants a court to review a decision made by the workers’ compensation appeals tribunal that went against him
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law
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the body of rules made by the government that can be enforced by courts or government agencies
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substantive law
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establishing both the rights an individual has in society and also the limits on her conduct
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procedural law
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determines how the substantive laws will be enforced
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private law
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rules that govern our personal, social, and business relations
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public law
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law concerning the government and individuals' relationship with it, including criminal law and the regulations created by government agencies
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tort
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an action that causes harm or injury to another person
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stare decisis
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a principle by which judges are required to follow the decision made in a similar case in a higher court
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common law legal system
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the law system canada uses
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distinguish the facts
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A process used to decide which case is the binding precedent, facts must be relevant to the issues being determined
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common law
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roman civil law
canon law law merchant |
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paramountcy
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a matter is addressed by both valid federal and provincial legislation and there is a conflict, the federal legislation takes precedence
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statute
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a law in the form of legislation passed by parliament
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charter of rights and freedoms
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a document entrenched in the canadian constitution in 1982 listing and guaranteeing fundamental rights and freedoms
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reasonable limits
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what is the first limitation on the entrenchment of these basic rights?
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notwithstanding clause
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what is the second limitation on the entrenchment of these basic rights?
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third limitation on the entrenchment
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restriction of the operation of the charter to government and government-related activities
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section two of charter
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underlying fundamental freedoms are available to everyone in canada
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law of equity
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a system of law collateral to the common law, developed by the court of chancery
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administrative law
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created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities
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common law
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the body of law developed from custom or judicial decisions in English and U.S. courts, not attributable to a legislature
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civil law
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deals with the definition and enforcement of all private or public rights, as opposed to criminal matters
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criminal law
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defines and governs actions that constitute crimes, Generally, criminal law has to do with wrongful actions committed against society for which society demands redress
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plaintiff
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complaining party
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defendant
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accused party
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notice of civil claim
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which of the following is the document that initiates a court action in this jurisdiction?
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incorrect
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a payment into court brings to an end the parties' right to proceed to trial
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administrative law
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rules and regulations governing the function and powers of executive branch of government
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garnishing order
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redirects money owed to the judgment debtor to the judgment creditor
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jurisdiction
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legal authority and scope of power; the province whose courts have the right to hear and resolve a dispute
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civil test
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balance of probabilities
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criminal test
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beyond reasonable doubt
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regulatory offence
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environmental offences
fishing offences employment offences |
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provincial court
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a court that handles less serious criminal offences and civil matters under a set amount
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superior court
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a court that handles serious criminal offences and civil matters with unlimited monetary jurisdiction
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appellate court
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a court that handles appeals of law from trial courts
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federal court
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a court that handles disputes within a federal jurisdiction and appeals from some administrative tribunals
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question of law
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when a judge concerns the rules or laws that are to be applied in the situation
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sentencing circle
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meetings to suggest sentences in cases involving aboriginal offenders and victims
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appeal
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a formal process whereby a higher court will re-examine a decision made by a lower court
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1983
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tax court of canada was created
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july 2 2003
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court administration service act came into act
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supreme court of canada
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the highest court in canada hearing both criminal and civil cases that of national significance
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civil litigation
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the process of one party's suing another in a private action, conducted in a trial court
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arbitration
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submission of parties in a dispute to having an arbitrator make a binding decision on their claims
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mediation
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discussion between the parties to a dispute, that is facilitated by a mediator in an effort to encourage and assist them in coming to an agreement
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negotiation
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direct communication between the parties to a dispute in an effort to resolve the problems without third-party intervention; transferring negotiable instruments to third parties
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limitation period
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the period of time within which legal action must be taken
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two processes of discovery
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discovery of documents
examination for discovery |
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writ of summons
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the written judicial order by which legal actions are commenced in some jurisdictions
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statement of claim
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the document setting out the nature of complaint and facts alleged forming the basis of the action
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statement of defense
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response by the defendant to a statement of claim
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counterclaim
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a statement of claim by the defendant alleging that the plaintiff is responsible for the losses suffered and claiming back against the plaintiff for those losses
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pleadings
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the documents used to initiate a civil action, including the statement of claim, the statement of defines and counterclaim and any clarification associated with them
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offer to settle
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a formal offer by either party to modify or compromise its claim to settle the matter before trial, refusal of which offer may affect costs
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injunction
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court order to stop offending conduct
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examination of aid in execution
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a court-ordered review of judgement debtor's finances to arrange for payment of the judgement
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garnishment
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court orders that monies owed to the judgement debtor by third parties be paid into court and applied toward judgement debts
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five processes of civil litigation
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limitation periods
pre-trial procedures the trial remedies enforcement |
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government functions
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legislative
judicial executive |
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administrative tribunal
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government decision makers who act with quasi-judicial powers
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fundamental justice
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principles set by tradition and convention that protect the right to a fair hearing by an impartial decision maker acting in good faith to implement a valid law
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prerogative writ
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one of the remedies the court may apply if it finds that an administrator has acted beyond its jurisdiction, made an unreasonable decision, or not followed the rules of natural justice
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three main writs
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certiorari
prohibition mandamus |
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private clause
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terms in a statute that attempt to restrict the right of judicial review
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battery
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dr. w., a dental surgeon, squeezes bertha's thigh when she is under anaesthetic
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private nuisance
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Michael dyes T-shirts in his garage and sells them at the Richmond night market. The dye has been leaking down his driveway into Sheila's garage.
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libel
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Vim writes an on-line editorial accusing Nate, a policeman, of taking a bribe.
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slander
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Sam tells Peter, untruthfully, that Agnes has had an affair with Paul who is married
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injurious falsehood
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Marjorie writes, untruthfully, in her blog that Herman's Mattresses, a bedding store near her house, has a bedbug problem
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assault
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James throws a wrench at Robert. Robert jumps to one side; the wrench misses Robert by one inch
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false imprisonment
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The Walmart security man would not let Steve out of the store because he said Steve stole a pair of pants. Steve is prosecuted and found not guilty
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trespass to land
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Beatrice runs on to a Walter's front lawn without his consent because she is escaping from a vicious dog
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breach of contract
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Sandra agreed to sing at the A1Club every Saturday night for $1000.00 a night. The manager of the Blueboy persuades her to sing at his club every Saturday night for $1500.00
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intimidation
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A trade union tells an employer it will call an illegal strike if the employer does not fire its plant manager
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deceit
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Hartley sells a 2001 Camry to Nellie, after he tells her it is a 2003 Camry. Hartley knows it's a 2001 Camry and Nellie does not know
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passing off
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Brian's Beekeep is well-known for the excellent honey it sells called "Brian's Honey" in a bottle shaped like a beehive. Ryan starts a honey business nearby and sells "Ryan's Honey" in a bottle shaped like a beehive
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trespass to chattels
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Nora hates Fay who runs a similar restaurant across the street from her restaurant. One day Nora gets angry, and runs her car into Fay's
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conversion
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John sells goods belonging to Rita
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vicarious liability
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liability of an employer for injuries caused by employees while carrying out their employment duties
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assault
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a verbal or physical threat; an action that makes a person fear physical interference
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battery
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unwelcome physical contact; non-consensual physical interference with one's body
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consent
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permission or assent to conduct that would otherwise constitute a tort such as assault and battery
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trespass to land
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an unauthorized, intentional intrusion upon or direct breach of the boundaries of another's land
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trespass to chattels
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direct, intentional interference with another's right to possess their personal property
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conversion
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intentional appropriation of the goods of another person for the appropriator's own purposes
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detinue
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wrongful retention of goods legally obtained but subsequently not returned in response to a proper request
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false imprisonment
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holding people against their will and without lawful authority
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malicious prosecution
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a tort action based on criminal or quasi-criminal prosecution motivated by ill will toward the accused and lacing reasonable evidential grounds for proceeding
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private nuisance
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the use of property in such a way that it foreseeably interferes with a neighbour's enjoyment of his or hers
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negligence
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an unintentional careless act or omission that causes injury to another
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duty of care
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an obligation to take steps to avoid foreseeable harm; an essential element for establishing liability in the tort of negligence
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reasonable foreseeability test
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test of whether a duty of care is owed, based on what a person should have anticipated would be the consequences of his or her action
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proximity
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nearness in place, time, occurrence or relation
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subrogation
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the right of insurer upon payment to take over the rights of the insured in relation to whoever caused the injury
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contra proferentum rule
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a rule of interpretation; ambiguous provisions in a written contract are to be construed against the party that drafted the agreement
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insurable interest
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a real and substantial interest in specific property or in someone's life
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comprehensive policy
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property insurance covering all losses not specifically excluded
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breach of trust
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misuse of property held in trust for another by a trustee
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fiduciary duty
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a duty to act in the best interests of another; such duty may arise between directors and officers and the corporation they serve
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misfeasance
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an act that causes harm to another
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nonfeasance
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a failure to prevent an injury
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liability insurance
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insurance covering loss caused by the negligence of oneself or one's employees
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strict liability
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liability even in the absence of fault
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business interruption insurance
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a form of insurance that compensates the insured for continuing expenses incurred while the business is not earning income
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negligent statements
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failure to live up to a duty not to communicate misleading words causing economic loss
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vicarious liability
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liability of an employer for injuries caused by employees while carrying out heir employment duties
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