General Concepts???????? Flashcards

1
Q

In a court case what is the most important aspect to understanding in order to see why the court made a decision?

A

rational

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2
Q

What are the three branches of government? What is their function?

A

Legislative: elected HOC, make laws
Executive : carrying out and administering laws
Judiciary: interprets and enforces law

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3
Q

Ultra Vires

A

Within jurisdiction

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4
Q

Quasi-Criminal Offences do not result in what?

A

Criminal Record

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5
Q

sic utere tuo ut non alieni

A

do not sue what is yours to injure neighbour

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6
Q

nemo dat

A

one cannot give what one does not have

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7
Q

4 Unities

A

Time
Possession
Interest
Title

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8
Q

Joint Tenancy is different than Tenancy in Common?

A

Right to survivorship and 4 unties must be present for Joint Tenancy

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9
Q

What does a beneficial owner do?

A

On behalf of the trustee manages

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10
Q

What is the other name for a beneficial owner?

A

Equitable

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11
Q

What is a trustee? 1

A

Legal title over the land and have fiduciary responsibility (act in best interests) Holds for another

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12
Q

What are corpeal interests

A

tangible items

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13
Q

What 4 ways can you protect intangible items? (CIPO)

A

Patent (20yrs)
Copyright (life +50, as soon as item created)
Trademark(15 years, renewable)
Industrial Design (up to 10years)

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14
Q

Ontario treats common law couples the same as married EXCEPT for?

A

property

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15
Q

What ways are you considered a common law relationship?

A
  1. Living together with a child

2. Living together for 3+ years (most considered after year)

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16
Q

What are the three “marriage breakdown” categories?

A
  1. adultery
  2. Physical or mental abuse
  3. lived separate or apart for more than a year.
17
Q

What are the 3 ways couples can wrongfully file for divorce? (Illegal)

A
  1. collusion - working together to lie about time separated
  2. conveyancing-encouraging to commit adultery
  3. condonation -forgiven for adultery
18
Q

Who can grant divorce?

A

FEDERAL ONLY

19
Q

Who deals with child support?

A

Provincial Government

20
Q

What are the 5 types of torts?

A
Strict Liability 
Gross Negligence 
Negligence 
Intended Tort 
Recklessness
SINGR
21
Q

What is assault?

A

The inherent threat of being harmed physically (battery)

22
Q

What is battery?

A

non consensual touching

23
Q

what does ab into mean?

24
Q

setting a contract back to zero is?

A

rescission

25
What are three intentional tort defences?
consent self-defence legal authority
26
What are the three Trespass' to a person?
Assault Battery False Imprisonment
27
What is the difference between misfeasance and nonfeasance?
failure to act "doing" and not doing anything (obligation to act)
28
What are the six terms of a contract?
1. offer 2. consideration 3. acceptance 4. certainty 5. intention 6. formal requirements
29
What is an executed contract?
contracts that are fully performed at time they are entered into
30
What is an executory contract?
continuously preformed over period of time
31
What is an condition preceded and subsequent?
delays the start of a contract | defeasible
32
What is the difference between frustration and mistake?
timing. Frustration starts after the contract has been entered into.
33
What are the 3 subcategories that fall under Misrepresentation?
1. Negligence -did not know but could have prevented 2. Innocent-did not know 3. fraudulent-knew