• Shuffle
    Toggle On
    Toggle Off
  • Alphabetize
    Toggle On
    Toggle Off
  • Front First
    Toggle On
    Toggle Off
  • Both Sides
    Toggle On
    Toggle Off
  • Read
    Toggle On
    Toggle Off

Card Range To Study



Play button


Play button




Click to flip

Use LEFT and RIGHT arrow keys to navigate between flashcards;

Use UP and DOWN arrow keys to flip the card;

H to show hint;

A reads text to speech;

14 Cards in this Set

  • Front
  • Back

What is the difference between criminal law vs civil law

Criminal law refers to criminal offences, crime, murder etc

Civil law refers non-criminal offences, traffic violations etc

What is the difference between civil law vs common law

Most of North America is a common law jurisdiction, where judges make laws

What are the broad steps for litigations?

1) Pleadings

2) Discovery

3) Trial

4) Appeals

Describe the general steps involved with in pleadings

1) Plaintiff sets a statement of claim (why they are suing defendant)

2) Defendant receives statement of claim (to know what they're being sued for)

3) Defendant files a statement of defence

4) Plaintiff files response to defense

5) Defendant may file another statement of defence or counterclaim

What are the general steps for a trial?

1) Plaintiff and defendant make opening statements

2) Examinations take place

3) Then possible cross examinations take place

4) Possible re-exam or re cross-exam

5) Closing arguments

6) Decision from judge

What is hierarchy of courts in Canada, starting at the bottom?

1) Provincial court of Alberta

2) Queens Bench

3) Court of Appeal

4) Supreme Court of Canada

What does an appeal aim to do?

An appeal is granted on questions of LAW

No evidence is heard

Used to confirm whether or not a judge at a lower level made the right decision or not

Define Ratio Decidendi

Ratio Decidendi translates to "rational for the decision" it is the points/facts in the case that determines the judgement made

Define Stare Decisis

Are the legal principles of determining points in case

Define Obiter Dicta

A judges opinion about a case which is not essential to the decision, but may be persuasive and useful in future cases

What are the four main issues regarding contracts?

1) Creation (whether or not a contract was actually made)

2) Construction (what did the contract say?)

3) Breach/performance (was the contract performed or not?)

4) Remedy (what should be the compensation for the victim?)

What are the general requirements needed for contract creation?

1) Intention

2) Consensus (i.e. offer & acceptance)

3) Terms of contract must be certain or ascertainable

4) Must be consideration (ether bilateral or unitlateral)

5) Capacity of parties to understand contract

6) Genuine consent

Define bilateral and unilateral contracts

Bilateral: an agreement made between two parties where each offer to do something of value for the other, in return for getting something of value from each other

Unilateral: Offer of a promise to do something for another party if they do something for you

- kid shoveling your walk

-reward for lost dog

-*offeree not bound by anything

What is the test to distinguish if something is an offer or invitation to treat?

Must look at the INTENTION of author which is done by looking at their LANGUAGE and the CIRCUMSTANCE