Law Ch 10

Front 1

What legal term is derived from the Latin word meaning “crooked”?

Back 1

tort

Front 2

What did the Supreme Court of Canada establish as the measure of whether a party’s actions causing harm or injury to another are tortious in nature?

Back 2

the degree to which the conduct of the offending party is deserving of blame

Front 3

Neither Jeremy nor Jayson could afford the $60 ticket price for the RTG concert, but they were determined to go nonetheless. They were humiliated when they were apprehended shortly after sneaking in through a side entrance, charged, and sternly escorted from the building. What is the most likely infraction arising from these circumstances?

Back 3

trespass to land

Front 4

What elements must be present in order for a court to be satisfied that a party may be found to have committed the tort of deceit?

Back 4

relying on another’s intentional fraud

Front 5

Rodolfo was permanently injured in a vehicle collision. He retained Pilgren six months prior to the limitation date to commence a law suit on his behalf. Pilgren incorrectly noted the limitation date. As a result, he failed to file the claim within the prescribed time. What is the tort that arises in these circumstances?

Back 5

professional negligence

Front 6

Which of the following is the phrase “unreasonable conduct” synonymous with when considered in its legal context?

Back 6

Negligence

Front 7

How must you have been shown to act if a court considers you to be a negligent tort-feasor?

Back 7

as being responsible for causing another’s loss

Front 8

How does the law of torts respond when an individual believes she has been harmed as a result of another’s alleged questionable acts?

Back 8

It provides an evolving set of rules for determining entitlement to a damage award.

Front 9

Which of the following would be characteristic of an offence of aggravated assault under s. 268(1) of the Criminal Code of Canada?

Back 9

wilful disfiguration or endangerment of another person

Front 10

What does the law consider to be a qualifying act with respect to the commission of a tort of assault?

Back 10

the intentional threat of imminent physical harm

Front 11

What does the law consider to be a qualifying act with respect to the commission of a tort of battery?

Back 11

an uninvited intentional physical violation of another’s bodily security

Front 12

What form of tort is a premeditated harmful act?

Back 12

intentional

Front 13

Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent act?

Back 13

The loss was reasonably unforeseeable or reasonably unpreventable

Front 14

Which of the following is a distinguishing feature of a tortious event giving rise to legal consequences?

Back 14

Legal consequences can arise under criminal and tort law from the same event.

Front 15

What is considered to be the critical intent behind the prosecution of criminal acts that contravene the laws prescribed in the Criminal Code of Canada?

Back 15

to determine and enforce the adequate punishment of wrongdoers

Front 16

How do Crown prosecutors serve as the gatekeepers of the criminal courts?

Back 16

They typically determine which criminal offences to prosecute.

Front 17

What are the legal terms given to a criminal and the criminal’s victim?

Back 17

accused, complainant

Front 18

Which of the following is most likely attributable to a private prosecution?

Back 18

a rare form of criminal prosecution initiated by a private individual

Front 19

Which of the following is a distinguishing feature of a criminal hearing with respect to the burden of proof?

Back 19

A finding of guilt must be capable of being logically deduced from the evidence.

Front 20

Where the same incident has led to both criminal charges and the commencement of a lawsuit, what will most likely be the result?

Back 20

Criminal conviction is relevant to establishing a related civil action in tort.

Front 21

What must a finding of guilt or innocence beyond a reasonable doubt be based on?

Back 21

reason and common sense

Front 22

What is the meaning of the legal term “structured settlement”?

Back 22

a settlement in the form of tax-free apportioned annuity payments

Front 23

What must be established to give rise to a cause for a civil action based on primary liability?

Back 23

an individual’s own misdeed

Front 24

Which of the following would immediately justify a court finding an employer vicariously liable?

Back 24

authorized actions outside the ordinary scope of employment

Front 25

What is the legal significance of the relationship between the conduct authorized by an employer and the wrong committed by the employee?

Back 25

It is the significant connection justifying an employer’s vicarious liability.

Front 26

Why would a court hearing a civil action apportion liability?

Back 26

The circumstances involve multiple tort-feasors.

Front 27

Which of the following circumstances is synonymous with the legal term “joint tort-feasor”?

Back 27

All blameworthy parties to the tort share joint liability.

Front 28

What would a court most likely rely on when awarding damages to compensate an innocent party for their loss in a case involving joint tort-feasors?

Back 28

each tort-feasor’s level of responsibility

Front 29

Marion ran a red light, colliding with Amand’s vehicle. Amand had consumed four beers before getting behind the wheel. He suffered two broken legs in the accident and missed work for 14 months. Marion filed a defence seeking to reduce the amount of any damage award made against her. What would the court need evidence of in order to accept Marion’s defence?

Back 29

contributory negligence

Front 30

How would a court determine the amount by which to reduce a plaintiff’s award where that party has also acted negligently?

Back 30

by determining the degree to which a plaintiff is responsible for their own loss

Front 31

Which of the following is a distinguishing characteristic of workers’ compensation legislation?

Back 31

no-fault compensation for injured employees

Front 32

In addition to monetary compensation for mental pain and economic suffering awarded for harms arising from another’s tortious act, which of the following would also qualify for monetary compensation under tort law?

Back 32

physical injury

Front 33

What are the categories of pecuniary damages that may be awarded in accordance with tort law?

Back 33

compensation for out-of-pocket expenses, loss of future income, and cost of future care

Front 34

Which of the following is a distinguishing characteristic of non-pecuniary damages?

Back 34

A serious, permanent injury will attract a higher general damage award.

Front 35

What type of evidence will a court require in order to determine the monetary amount of a damage award for a plaintiff’s cost of future care?

Back 35

testimony from medical, occupational, and rehabilitation experts

Front 36

Which of the following is a common characteristic associated with an award of special damages?

Back 36

They relate to out-of-pocket expenses resulting from an injury-causing event.

Front 37

Which of the following is synonymous with the legal term “exemplary damages”?

Back 37

punitive damages

Front 38

Under what circumstances will a court hearing a civil action most likely determine it is necessary to punish a tort-feasor’s offensive behaviour?

Back 38

where the defendant might otherwise profit from the objectionable behaviour

Front 39

What would a lawyer representing an individual wrongfully imprisoned as a result of a fraudulent act on the part of a Crown prosecutor most likely seek as compensation for her client’s intangible injuries?

Back 39

aggravated damages for the defendant’s reprehensible actions

Front 40

Why would a hotel guest who has been injured by a tortious act of the hotel’s employee be entitled to claim liability in tort and in contract?

Back 40

Providing a reasonably safe environment is an implied term of the contract.

Front 41

Which of the following would immediately let you know that a business has been ignoring the need to manage tort risk?

Back 41

loss of insurance coverage