Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Sport and Law > Final > Flashcards

Final Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards Sports Trivia flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

Difference between public and private law

A

Public law sets the rules for the relationship between the individual and society. If someone breaks a criminal law, it is seen as a wrong against society.
Private law sets the rules between individuals. It is also called civil law. Private law settles disputes among groups of people and compensates victims, as in the example of the fence. A civil case is an action that settles private disputes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is common law?

A

The common law is law that is not written down as legislation. Common law evolved into a system of rules based on precedent. This is a rule that guides judges in making later decisions in similar cases.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How to make a law?

A

1 Government ministers or senior public servants examine the problem carefully and suggest ways in which, under federal jurisdiction, a law could deal with pollution.
2 They would draft the proposed law.
3 The law has to be approved by the cabinet, which is traditionally made up of members of Parliament chosen by the prime minister.
4 This version is then presented to Parliament as a bill to be studied and debated by members.
5 The bill becomes law if it is approved by a majority in both the House of Commons and the Senate. It also needs to be assented to by the Governor General in the name of the Queen. All laws need royal assent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Three branches of government

A

executive - Prime Minister
Legislative- parliament
judiciary - courts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what is a summary conviction?

A

offences, which are the most minor cases, for example causing a disturbance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what is an indictable offence?

A

offences, which are more serious and include theft, break and enter, and murder.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Agar v. Canning

A

Intentional tort, defendant brought stick down on plaintiffs face in retaliation, goes beyond limit exempting liability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what is an intentional tort?

A

intentional application of force directly against another person without that person’s consent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

2 element of an intentional tort

A

1- intent

2- voluntary or volitional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Types of intent

A

transferred- tried to hit one person but hurts another instead
imputed- interpret intent by what the act shows

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

standard of proof

A

amount of evidence that the plaintiff has to present to win

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Balance of probability

A

in civil - they tend to favour the defendant over the plaintiff
criminal - has to be beyond reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Difference between assault and battery

A

Battery is the intentional application of force directly against a person without their consent. Assault is creating the apprehension or threat to harm another person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What categorizes an assault

A

present ability, present intent, and not been made conditional

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is a pure defence?

A

defence presented when the element have been proved e.g consent, self defence, third party

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Motive

A

the basis upon which someone attacks someone– not a defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Mistake

A

not a defence– hunting but accidentally trespass

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Provocation

A

someone is provoked– not a defence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Colby v. Schmidt

A

civil, rugby, plaintiff had fractured jaw after colliding with elbow, key factor: credibility

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Babiuk v. Trann

A

civil, rugby, Trann punched babuk for stepping on teammates face, used pure defence of third party and case was dismissed, went to appeal court decided it was a reasonable amount of force and the case was dismissed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Crocker v. Sundance

A

civil, negligence, moguls tubes, trial Sundance found 75% liable, Sundance appealed was found not liable, at supreme court Sundance found liable for breach in duty of care

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Karpow v. Shave

A

spectator punches player as leaving ice, uses 3rd party defence but loses, spectators should not be executing punishment on players

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Sarian v. Pereira

A

ejected from soccer game in london and kicks ref in the back – concept of concurrence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Categories of damages

A

General – pain ad loss of income
Special– claims that can be clearly established on paper
Punitive – punishment– awarded when someone is in a position of power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Elements of negligence

A

duty, standard, breach, causation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Negligence–Dear Santa Bring Clarissa real Deal Diamonds

A

Duty Standard Breach Causation remoteness, Defences, Damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Volenti non fit injuria

A

assumption of risk

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Zapf v. Muckalt

A

Hit from behind, standard of care, determined it was a hit from behind so he has absolute accountability

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

absolute accountability

A

when you go to court you will lose because you have no defence, checking from behind, Zapf v. Muckalt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

standard of care

A

to act as the reasonable person would in the situation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

King v. Redlich

A

Redlich took a shot in warmup and it ricocheted and hit King in the head, plaintiff argued a breach in the standard of care, case dismissed, could not have forseen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

waivers

A

can be used to defeat the plaintiff if they are properly constructed and presented to the person, brought to their attention

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Temple v. Hallem

A

softball, base runner, difference in size, in trial found liable bc he broke sliding rules, in appeal found not liable because the catcher had broken the safety rule by blocking path– rules are crucial but don’t decide guilt

34
Q

Hamstra v. BC rugby union

A

mismatch, untrained prop, no dominance so no advantage and case was dismissed

35
Q

Occupier Liability Act

A

the coach and the facility have a legal requirement to protect those engaging in activity, duty to not create a danger and know the cardinal safety rules

36
Q

Olinski v. Johnson

A

lacrosse players attack ref, coaches have a obligation to control his players, occupier liability act

37
Q

Thomas v. Hamilton board of Education

A

football player breaks neck, determine whether coach should take careful prudent or supra parental standard, dismissed at trial and at appeal court

38
Q

Vandenakker

A

first aid responder in Thomas case who removed helmet, found not liable, courts are unlikely to go after first aider unless they are grossly negligible

39
Q

MacCabe v. Westlock

A

gymnastics, back flip, quadriplegic, used supra parental, school board found 100% negligible, appealed and decided there was some contributory negligence and reduced damages by 25%

40
Q

Henderson v. Canadian Hockey Association

A

hockey player went over boards and collided with ref during shift change, court dismissed and provided summary judgement in favour of the hockey association

41
Q

Chatelain v. Premont

A

Premont didn’t think about football rules and was to know that from the start to the end of the season there can be no change in weight up to a certain amount of lbs, issue of mismatch

42
Q

Important Factors to make a safe environment

A

suitability, fitness knowledge, progressively taught, proper supervision, RTP, fatigue, mismatch, emergency procedures, rules of sport governing body

43
Q

Smolden v. Whitworth

A

amateur ref found liable for taking care of rugby players, scrum collapse

44
Q

Bowels v. Evans

A

ref found liable, didn’t follow the cardinal safety rules and allowed and unskilled player to replace another one, similar to Hamster

45
Q

Difference between Can and USA

A

canada has carelessness standard and America has recklessness ( more protective of sport)

46
Q

Elements of a criminal act

A

actus reus (conduct requirement) mens reus(fault requirement)

47
Q

Difference between an intentional tort and assault

A

tort is directly where assault can be either direct or indirect

48
Q

Difference between a summary and an indictable offence

A

indictable is more serious

49
Q

R.v. Watson

A

Watson punched another player and the ref, no punishment or suspension, he is criminally charged with assault causing bodily harm

50
Q

R.v. Jobidon

A

fight at wedding, punches and kills person, issue of whether you can consent to this, acquitted at trial, then found guilty at appeal,, left open the question of whether or not athletes can consent to harm inflicted by fist fight

51
Q

R.v. Cey

A

check from behind into boards, concussion, acquitted because player said he would continue to play regardless and he consented to it; crown went forward and won; they were after social principle; you can no longer check someone close to the words and have a legal defence

52
Q

R.v. Leclere

A

checking from behind,quadriplegic, knew it would cause harm but did it anyways, judge found him not guilty because he said you can’t find a hockey player guilty of a criminal act

53
Q

R.v. Azanjac

A

basketball, chest bumped and punched ref, joint submission, talented player and didn’t want to affect his future; conditional discharge

54
Q

suspended sentence v. conditional discharge

A

suspended is getting a conviction and ultimately means they can go to jail if they don’t complete the necessities

55
Q

R.v. Bentz

A

Guy gets check from behind and then swings his stick breaking victims jaw, defence said he could not form intent because he was concussed affecting his frontal lobe

56
Q

R.v. Faith

A

hits him in the jaw, injured party consented to fight, right to defend yourself but you can’t if you don’t see the blow coming

57
Q

R.v. Claro

A

coach sends substitute in, Claro headsets his own teammate, found guilty of assault causing bodily harm , intermittent jail time

58
Q

R.v.Muir

A

she takes slap shot in safe hockey league, victim is chirping her and Muir elbows her and she falls and breaks her leg, court said it crossed the line, will be appealed

59
Q

R.v.RM

A

RM is minor, victim snows goalie , RM has helmet ripped off and suffers broken nose, originally no charge, parents went to the media, public opinion encouraged a charge

60
Q

R.v. Tropea

A

cross checked victim and then kicked her with skate, given suspended sentence

61
Q

R.v. Hepburn

A

sexual assault, assistant coach for ringette, found guilty

62
Q

3 elements of sexual assault

A

Touching, Invitation, Exploitation

63
Q

R.v.Leitch

A

figure skating, coach slapped player for bullying girl, tried to use s.43 as defence, coaches don’t stand in place of a parent

64
Q

R.v.Vandergraaf

A

Winnipeg jets, threw penut butter jar and hit fan , found guilty of assault with a weapon, successfully appealed for failure to prove mens rea

65
Q

R.v. Bond

A

threw bottle at football game in Ottawa, found guilty of criminal negligence

66
Q

Purpose of administrative law

A

to prevent an abuse of power

67
Q

requirements of natural justice

A

know the case against you, opportunity to be heard, unbiased hearing

68
Q

Complainants in admin law must have:

A

exhaust all internal remedies. must have “clean hands”

69
Q

interim injunction

A

extraordinary circumstances, strong case, balance of convenience(decision maker harmed less than compliant)

70
Q

MacDougall v. OFFSAA

A

granted interim injunction, trying to submit transfer to take law course and play basketball, denied, many definitions of program change through each level, take it to court– won, it affected his education

71
Q

Gretzky.v. OHA

A

tried to play in toronto, denied he didn’t exhaust all internal remedies

72
Q

Gail Cummings

A

12 yr old girl in 80s, tried to play on boys team and was not allowed to play in tournament, didn’t win due to problems with the human rights code, Debbie Baszo, and Abigail Hoffman

73
Q

UBC v. Berg

A

UBC argued that the human rights code doesn’t apply to them because they’re a private organizations; decision that human rights does not stop at the university gates

74
Q

Human Rights code v. charter

A

Charter needs government connection, human rights is private or public

75
Q

Types of Discrimination

A

Direct, Constructive, Systemic

76
Q

Areas of human rights tribunal

A

goods, service and facilities

77
Q

Allowable Discrimination

A

BFOR, affirmative action, special interests, age, public decency, recreation

78
Q

Justine Blainey

A

2 barriers; services available to public &section 19.2, went up to appeal where it was decided 19.2 conflicted with charters purpose to avoid government involvement, had to be rewritten

79
Q

special program status

A

given to disadvantaged groups, why you can have a girls only hockey camp

80
Q

Tammy McCloud

A

bowling with ramp, private, tribunal, decision made in Tammys favour after the competition, given compensation

Sport and Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions