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Private Law > Exam Final > Flashcards

Exam Final Flashcards

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1
Q

whats the difference between public and private legal relationships

A

Public legal relationships involves the state in its sovereign capacity examples criminal law, tax law. Private legal relationships are between private individuals

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2
Q

What are the major categories of public law relationships

A

Criminal Law, Administrative Law, Constitutional Law

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3
Q

what is criminal law

A

between the state and accused

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4
Q

what is administrative law

A

rues that determine the manner which states services are delivered to the public example service ontario

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5
Q

what is constitutional law

A

private individuals and state, example charter rights anf freedom

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6
Q

what are the major categories of private law

A

exchange relationships, duty relationships, duties depending on the the person, fiduciary relationships, legal relationships involving party

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7
Q

what is exchange relationships

A

contractual and voluntary legal relationships consideration between parties

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8
Q

Duty relationships

A

may or not be voluntary, duty of care example bus driver

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9
Q

duty depending on person

A

not strangers

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10
Q

fiduciary relationships

A

can be chosen by parties

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11
Q

Legal relationships involving parties

A

more than one party

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12
Q

Main assumption underlying private law?

A

Freedom of contract, can’t interfere with someones lives, limits on government power

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13
Q

what is the role public institutions

A

promoting equality rights, protection, moral content, allow different rights co exist together

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14
Q

Does legal personhood include corporation

A

Yes, corporations are legal persons. can own assets, transactions within bank happen daily

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15
Q

Individuals with legal capacity can enter

A

Marriage contracts, car rentals etc.

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16
Q

Big M Drug Mart Case

A

wanted to be closed on sunday for religious holiday enhance freedoms with protection. Yes wrongdoing with employee

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17
Q

Is environment a legal person?

A

No because its natural

18
Q

Do minors have legal capacity

A

never adult takes control

19
Q

Winnipeg Child Case

A

fetuses are not born yet therefore not a legal personhood

20
Q

Corporations Advantages

A

Limited Liability, can make profit together

21
Q

Sole proprietorships Advantages

A

owns all assets

22
Q

Partnerships Disadvantages

A

Different responbilites

23
Q

difference between a federal and provincial corporation

A

Federal operates more than one province, Provincial within a province

24
Q

how are ownership interest transferred public vs partnerships

A

cannot transfer without consent, shareholder can tranfer their shares freely

25
Q

when suing a corporation

A

defined separate existence in law

26
Q

What is one criticism

A

parties are not always equal with age intelligence race etc

27
Q

what are some basic elements of a contract

A

offer, consideration, intention legal relationship

28
Q

Consensus and Idem is missing then what?

A

parties agree on same essential contract with subject matter, how much you need to pay after the closing date

29
Q

Discharge to a contract

A

fully completed

30
Q

privity to a contract

A

Beneficarys can sue, trustee do not settle out duties property

31
Q

can discrimination laws disquality contracts

A

yes under human rights code

32
Q

Tort law vs Criminal

A

compensate vs to punish

33
Q

Thin Skull

A

doctrine - you take victim as you find them

34
Q

Crumbing Skull

A

injuries from before.. but only can take evidence for present

35
Q

real property

A

land structured attached

36
Q

Personal property

A

moveable items

37
Q

Can ADR be used to resolve a private legal dispute

A

no room for negotiation

38
Q

how does the state assist remedies judgments

A

Sheriffs office in every court jurisdiction with helps with seizures of land

39
Q

what are some limitations that remain despite the states aids

A

cant get blood, private law can fail

40
Q

what factors are looked at in deciding damage awards in property lawcases

A

there are 3 factors which include, has the defendant actions caused the value of the property to go down? has the plaintiff been denied the use of the property, no damage done to the property, should be a nominal damage award be awarded

Private Law (1 decks)

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