Chapter 1

Question 1

What does liability refer to ?

Answer 1

Responsibility assessed against a person or an entity for injury or damage to a third party as a result of applying the law.

Question 2

Tort

Answer 2

A legal wrong arising from a duty fixed by law. A breach of this duty that causes injury to persons or property is repressible by legal action for damages. Liability for tort involves a private or civil wrong or injury and is distinct from that under contract in that the duty is owned to people generally father than to a specified individual

Question 3

Negligence

Answer 3

Failure to use the degree of care expected from a reasonable and prudent person

Question 4

Nuisance

Answer 4

In law, a class of wrong that arises out of unreasonable, unwarranted, or unlawful use by a person of his own property, whether that property be real or personal or from his or her own improper, indecent, we’re unlawful personal conduct and producing and annoyance, inconvenience, discomfort, or hurt to others or to their property that the law would presume a consequential damage. In Insurance claims, it is most frequently met as a cause of action, arising from The escape of obnoxious substance

Question 5

Private vs public nuisance

Answer 5

Private nuisance: an unlawful interference of persons enjoyment and use of his or her land

Public nuisance: an action or a thing that interferes with the public as a class not merely with one person or a group of citizens

Question 6

Contractual liability

Answer 6

Liability assumed through a contract either written or replied. Legal liability policies are based upon liability and port or negligence and provide limited coverage for contractual liability. However, contractual liability may be covered in many instances as an additional risk with an additional premium

Question 7

Hold-harmless and indemnify provisions

Answer 7

A contractual agreement whereby one party assumes the liability and risk of another party and indemnities the other party for having to Bear the loss

Question 8

True or false the categories of nuisance and negligent acts qualify as torts

Answer 8

True

Question 9

What is a breach of contract

Answer 9

When a party to a contract fails to honor its terms, that party is said to be in breach of contract. Breach of contract provides the injured party to the contract with a legal cause of action against the party who failed to perform

Question 10

What is statute law

Answer 10

A law set down in a government act and passed by legislature ( written law )

Question 11

Describe how the government power is divided

Answer 11

The government power is divided among the federal, provincial, and Territorial and municipal governments.

Question 12

Fill in the blank

Knowledge of the From one area to another is often very important to determine whether a wrongful act has occurred

Answer 12

Statue law

Question 13

Criminal law vs civil law

Answer 13

Criminal law seeks to determine guilt, civil law provides a judicial form to assign fault by developing an interpreting common law principles and applying relevant statute law. The criminal court seeks to punish an offender by imprisonment or fine or some other appropriate method. The civil court is concerned with setting appropriate compensation for damages suffered and then obliging the wild party to pay this sum to the injured party. In other words, a breach of criminal law demands punishment, a breach of civil law demands compensation

Question 14

Canada’s civil law has historical connections with two major colonial powers of the 18th and 19th century which are

Answer 14

England and France

Question 15

Define the common law

Answer 15

A system of laws originating and developed in England by judges based on Court decisions and similar tribunals. Also known as case law or the law of precedent

Question 16

Civil law is concerned with settling disputes in two ways such as

Answer 16

1. To rule in favor of the plaintiff

2. Assess compensation

Question 17

What is the courts role with civil code of Quebec

Answer 17

The courts rule is to settle disputes according to the specifications set out in the code, it’s roll is not to make the law but to interpret it. If the code does not cover the material facts specified to a given situation, the courts will apply the general principles of Justice set out in the code.

Question 18

Define case law precedent

Answer 18

Under common law, the courts look upon cases that have already been decided for guidance on how to resolve cases currently in dispute. Precedent- law forms a body of general principles that can be compared to the case in dispute.

If a proceeded has not been set for a particular case under consideration, the court may include in its judgment a set of rules which amendment criteria in a logical argument in support of its decision. This process of developing sound in paralegal principles within case laws referred to as creating precedent

Question 19

List the court structure from highest to lowest

Answer 19

1. Supreme Court of Canada
2. Court marital appeal court and federal court of appeal
3. Tax Court
4. Federal court
5. Provincial/territorial courts of appeal
6. Provincial / territorial Superior Court
7. District/county/divisional Court
8. Small claims court or divisions