Chapters 7-10: Narayan Study Guide Concepts

Question 1

Tort Law

Answer 1

private wrongs that can only be pursued as a private matter, usually against individuals, corporations, or specific arms of government focusing on compensation rather than punishment

Question 2

Intentional Tort

Answer 2

occurs as a result of the wrongdoer intentionally harming another person, physically or mentally; examples like assault, battery, harassment, or vandalism

Question 3

Negligence

Answer 3

occurs as a result of a person whose conduct falls below a rational and reasonable standard in a situation that causes harm and damages; examples like slips, falls, and accidents

Question 4

Determining Liability in Tort

Answer 4

no pure guilt, but a measurement of liability based upon a probabilities test; the plaintiff only needs to make a case that is more probable than not, instead of beyond reasonable doubt

Question 5

Compensatory damages

Answer 5

awarded to plaintiff through two separate types:
general damages that compensate victim with non-monetary damages such as pain and suffering; special damages that compensate a victim for financial losses

Question 6

Non-Compensatory damages

Answer 6

these damages take a slightly more punitive approach, rather than simple compensation; punitive damages aim to punish a wrongdoer for unsafe conduct and egregious behaviour, aggravated damages aim to make up for distress, grief, and humiliation, and nominal damages aim to settle only a slight infringement of plaintiff’s rights or a meaningful loss was not established

Question 7

Unintentional Torts

Answer 7

also known as negligence, was a damage however done by accident or without anticipation, and usually happens out of carelessness; the four elements of unintentional claims are: duty of care, breach of duty, causation, and damages

Question 8

Defenses in Torts

Answer 8

remoteness (connection between victim and accused is too far removed), causation (without the defendant’s conduct, would there have been the damage?), mitigation (the plaintiff must keep their losses at a minimal).

Question 9

Product Liability

Answer 9

the responsibilities on companies who distribute services or products and the need to ensure these products are safe

Question 10

Vicarious Liability or Imputed Liability

Answer 10

the tort liability that a person or company who is responsible for an individual or employee is also responsible for the damages

Question 11

Divorce Act of 1985

Answer 11

consists of policy on divorce, parenting, separation, shared time, spousal support, child support, and relocation. its only changes have been made in 1997, for child custody modifications, and 2015, for shared parenting plan modifications.

Question 12

Best Interests of the Child

Answer 12

the Family Law Act maintains that all decisions involving the child must be made with the child’s best interest at heart. it is best if parents can make these decisions in civil manner, however judges have the power to make and change choices if needed

Question 13

Same Sex Marriage in Canada

Answer 13

recognized nationwide on July 20, 2005 with the enactment of the Civil Marriage Act

Question 14

Administrative Law

Answer 14

ensures that government actions are authorized by parliament or legislatures and administered in fair and reasonable manner; also that citizens have accessible and effective remedies if this is not upheld. it enables more trust and confidence in government authority

Question 15

Interdelegation

Answer 15

a constitutionally permitted process where the federal government may delegate its powers to a provincially appointed administration, tribunal, commission or board

Question 16

Certiorari

Answer 16

when a higher level court or authority reviews decisions of a lower level of court or authority, and can quash it if made improperly

Question 17

Mens Rea

Answer 17

a latin term meaning guilty state of mind, describing the intention to commit an unlawful act and must be proven as well as actus reus to be found guilty

Question 18

Actus Reus

Answer 18

a latin term meaning guilty act, describing the unlawful act that was indeed committed and must be proven as well as mens rea to be found guilty

Question 19

Absolute Liability offences

Answer 19

only require that prosecution to prove that an unlawful act or omission has occurred, they don’t need to prove mens rea or intent

Question 20

Excuse defense: Age

Answer 20

under 12: no criminal responsibility
youth 12-18: criminally accountable under the Youth Criminal Justice Act
adults 18+: full criminal responsibility

Question 21

Excuse defense: Mental Disorder

Answer 21

unable to prove mens rea as a result of a “disease of the mind”, including self-induced states

Question 22

Excuse defense: Automatism

Answer 22

unconscious or involuntary acts, while not in control of bodily action; this is rare as it requires much more eyewitness evidence

Question 23

Excuse defense: Mistake of fact

Answer 23

an illegal act committed under mistaken belief about circumstances; only works if it was an honest mistake and the event wouldn’t have occurred with proper information and understanding

Question 24

Excuse defense: Mistake of law

Answer 24

generally raised on appeal based on alleged misinterpretation of law, or incorrect instructions to jury

Question 25

Justification defense: Necessity

Answer 25

crime was committed because of danger; accused must have been in imminent peril, had no legal alternative, or the harm done was proportionate to harm avoided

Question 26

Justification defense: Duress

Answer 26

crime was either committed because of an imminent death or bodily harm, or no realistic alternative action

Question 27

Justification defense: Self-defense

Answer 27

use of force to defend self, others, or property os justified, however you can be criminally charged if you take it too far.

Question 28

Battered Woman Syndrome

Answer 28

when an individual’s crime of self-defense is justified even without imminent threat, most commonly domestic violence cases

Question 29

Justification defense: Provocation

Answer 29

defined as a crime of passion, a wrongful act that deprives ordinary person of self-control, with something like adrenaline; the provocation must be sudden, unexpected, and partial defense only

Question 30

Justification defense: Entrapment

Answer 30

use of an agent of state, where an official derives person into committing a crime, provides opportunity for a crime, puts a burden of proof on defendant; the judge determines entrapment after finding guilt