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LWSO203 > Final Exam Prep > Flashcards

Final Exam Prep Flashcards

1
Q

What term refers to a set of rules and regulations that govern a society?

A

Law

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2
Q

The practice in Canadian law where subsequent court cases and lower courts follow the decisions of previous and higher court decisions is referred to as?

A

Judaical Precedent

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3
Q

In Canada, the constitution’s horizontal diffusion of power refers to?

A

Judicial, Executive, legislative,

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4
Q

What form of law is aiming to remedy private wrongs through compensation?

A

Tort Law

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5
Q

What is the primary purpose of tort law?

a) To regulate business transactions
b) To remedy private wrongs through compensation
c) To establish property rights
d) To enforce criminal statutes

A

b) To remedy private wrongs through compensation

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6
Q

What term refers to a private wrong against an individual, corporation or body of government?

A

Tort

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7
Q

Define Torts? Written Format

A

An private wrong done against an individual, organization, or body of gov’t.

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8
Q

Define Tort Law? Written Format

A

An form of law that aims to remedy the private wrong done through compensation

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9
Q

What type of tort can occur as a result of intentional physical or mental harm done towards an individual?

A

Intentional Tort

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10
Q

Define International Tort? Written Format

A

An form of Tort that emphazises on international physical or mental harm down towards an individual.

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11
Q

What type of tort can occur as a result of intentional physical or mental harm done towards an individual?

A) Negligent Tort
B) Negligence
C) Tort Law
D) Intentional Tort

A

D) Intentional Tort

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12
Q

What type of tort refers to individual who has failed to meet a standard reasonable of care resulting in the injury of a individual within their care?

A

Negligent Tort

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13
Q

What type of tort refers to individual who has failed to meet a standard reasonable of care resulting in the injury of a individual within their care?

A) Negligent Tort
B) Negligence
C) Tort Law
D) Intentional Tort

A

A) Negligent Tort

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14
Q

Define Negligent Tort? Written Format

A

An form of Tort, which emphasizes an individual failure to meet an standard of reasonable care resulting in the injury of a individual within their care.

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15
Q

Which type of tort is synonymous with “vicarious liability,” wherein an individual or entity is held accountable for harm caused by others, regardless of whether they intended harm or were not directly negligent?

A

Strict Liability Tort

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16
Q

Which type of tort is synonymous with “vicarious liability,” wherein an individual or entity is held accountable for harm caused by others, regardless of whether they intended harm or were not directly negligent?

A) Strict Liability Tort
B) Tort Law
C) Negligent Tort
D) Intentional Tort

A

A) Strict Liability Tort

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17
Q

What us Strict Liability Tort? Written Format

A

Strict Liability Tort is “Vicarious Liability”, a form of tort that refers to an individual or entity responsible for harm caused to others even if they didn’t intend harm and weren’t involuntarily negligent.

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18
Q

What term refers to holding an individual or person responsible for the actions of another person, even if the first person directly causes harm?

A

Vicarious Liability

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19
Q

What is the Negligence? Explain In Written Format

A

Negligence: Refers to the failure of an individual or organization to meet a standard of reasonable care, resulting in the injury of an individual.

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20
Q

What term refers to the failure of an individual or organization to meet a standard of reasonable care, resulting in the injury of an individual?

A) Vicarious Liability
B) Negligent Tort
C) Negligence
D) Punitive Damages

A

C) Negligence

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21
Q

What are Punitive Damages? Explain In Written Format

A

Punitive Damages: refers to additional money that a court may order a defendant to pay, serving as a form of punishment beyond compensating for harm caused, intended to penalize and discipline.

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22
Q

What term describes additional money a court may order a defendant to pay as a form of punishment, beyond the compensation for harm caused, meant to penalize and discipline?

A) Restitution
B) Compensatory damages
C) Punitive damages
D) Nominal damages

A

B) Punitive damages

23
Q

What term describes additional money a court may order a defendant to pay as a form of punishment, beyond the compensation for harm caused, meant to penalize and discipline?

A

Punitive Damages

24
Q

What type of tort encompasses examples such as Battery, Defamation, Assault, Intentional Infliction of Emotional Distress, and Trespass?

A

Intentional Tort

25
Q

What term describes the practice of using previous judicial decisions to establish or interpret current cases, constituting a form of law established through judicial precedent?

A

Case Law, Judicial Precedent, or Precedent

26
Q

What is Case Law? Explain In Written Format

A

Case Law is a form of Law that describes the usage of previous judicial decisions to establish or interpret an current cases, constituting a form of law established through judicial precedent.

27
Q

Constitutional Law is a form of what type of law?

A

Public Law

28
Q

Taxation Law is a form of what type of law?

A

Public Law

29
Q

Criminal Law is a form of what type of law?

A

Public Law

30
Q

Tort law is a form of what type of law?

A

Private Law

31
Q

Family Law is a form of what type of law?

A

Private Law

32
Q

Property Law is a form of what type of law

A

Private Law

33
Q

What area or type of law is concerned with the public interest and regulates collective interest?

A) Private Law
B) Public Law
C) Case Law
D) Tort Law

A

B) Public Law

34
Q

What is Public Law?

A

Public Law is a form of law that is concerned with public interest and aims towards regulating the safety of the collective interest.

35
Q

What are the three categories of crime in criminal law?

A

3 categories of crime:
1) Offences against persons
2) Offences against property
3) Offences deemed wrong in and of themselves

36
Q

What is Criminal Law? Explain In Written Format

A

Criminal Law is a form of law that deals with public offenses or crimes committed against the interest of the public. It’s also a form of public law

37
Q

What type of law encompasses functions such as deterring deviant behavior, expressing disapproval of certain actions, maintaining social order, ensuring accountability, and facilitating rehabilitation?

A

Criminal Law

38
Q

What type of law encompasses functions such as deterring deviant behavior, expressing disapproval of certain actions, maintaining social order, ensuring accountability, and facilitating rehabilitation?

A) Common law
B) Case Law
C) Criminal Law
D) Public Law

A

C) Criminal Law

39
Q

In the context of criminal law, what term describes an evil mind or wrongful intention?

A

Mens Rea

40
Q

In the context of criminal law, what term is used to describe evil or wrongful action?

A

Actus reus

41
Q

Within the study of criminal law, what term is used to describe an evil or wrongful act?

A) Mens rea
B) Actus reus
C) Corpus delicti
D) Res ipsa loquitur

A

B) Actus reus

42
Q

Within the study of criminal law, what term is used to describe an evil or wrongful state of mind or intention?

A) Actus reus
B) Mens rea
C) Corpus delicti
D) Res ipsa loquitur

A

B) Mens rea

43
Q

What does subjective intention focus on in assessing mens rea?
A) The accused’s actions
B) The reasonable person’s perception
C) The accused’s actual mindset
D) The victim’s understanding

A

C) The accused’s actual mindset

44
Q

What does objective intention focus on in assessing mens rea?

A) The accused’s personal beliefs
B) The reasonable person’s perception or take
C) The accused’s specific motivations
D) The subjective mindset of the victim

A

B) The reasonable person’s perception or take

45
Q

What is Men Rea? Explain in Written Format

A

Describes an evil or wrongful state of mind or intention when committing offense or crime

46
Q

What is Actus Reus? Explain In Written Format

A

Describes an evil act or wrongful act when committing an offense or crime

47
Q

_____________________ is an supreme Foundational charter or written of supreme law that describe how the government will function and operate forming the basis of a legal system and a political community.

A

The Constitution

48
Q

What is the Constitution? Explain in Written Format

A

The Constitution is the supreme foundational charter or written document of supreme law that describes and outlines how the government will function and operate forming the basis of a legal system and a political community.

49
Q

What is Criminal Law? In Written Format

A

Criminal Law is a form of law that deals with public offenses or crimes committed against the interest of the public. It’s also a form of public law that emphasizes on deterring criminal behavior and activity and rehabilitating convicted offenders into society. In addition to, also maintaining social order. It has 3 ways of categorizing crime; which are Offenses against property, against individuals, and offenses deemed wrong in and of themselves.

Criminal law primarily focuses on determining guilt, on proof beyond a reasonable doubt. In criminal law, the “simultaneous principle” dictates that for an act to be considered a crime, both the mental state (mens rea) and the physical act (actus reus) must occur simultaneously. Mens rea examines the presence of an evil motive or intent, while actus reus assesses the commission of a wrongful act or action. Additionally, various types of self-defense exist in criminal law, including capacity-based defenses, self-defense against assault, defenses based on intoxication, and entrapment by law enforcement.

50
Q

What are the 2 methods commonly known in criminal law for assessing Men Rea(Intent)?

A

Objective: What an reasonable person would do
Subjective: The mind of the defendant or individual at the time of committing the crime.

51
Q

What code of ________, defines criminal offenses, establishes the kind and degree of punishment for specific offenses, outlines procedures for investigation and prosecution, In addition to considerations of various factors such as premeditation, the gravity of the offense, the offender’s attitude, and mitigating circumstances, all aimed at achieving deterrence, denunciation, accountability, public safety, and rehabilitation within the criminal justice system.

A

The Crminal Code of Canada

52
Q

What is the Criminal Code of Canada? Explain the Written Format

A

The Criminal Code of Canada outlines and establishes a degree of punishment to specific offenses, In addition to outlining procedures and investigation towards investigation and sentencing. In addidtion, take into account the various factors such premeditation, the gravity of the offense, the offender’s attitude, mitigating offenses, all aimed towards striving towards deterrence, accountability, rehabilitation within the criminal justice system.

53
Q

What code of law defines criminal offenses, determines punishments, and outlines procedures for investigation and prosecution, considering factors like premeditation, gravity of the offense, offender’s attitude, and mitigating circumstances, aiming at achieving deterrence, denunciation, accountability, public safety, and rehabilitation within the criminal justice system?

a) Penal Code
b) Criminal Code of Canada
c) Justice Code
d) Offense Code

A

b) Criminal Code of Canada

54
Q

What legal theory is rooted in the British practice of parliamentary supremacy?

A

Legal Positivism

LWSO203 (2 decks)

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