General Concepts???????? Flashcards
In a court case what is the most important aspect to understanding in order to see why the court made a decision?
rational
What are the three branches of government? What is their function?
Legislative: elected HOC, make laws
Executive : carrying out and administering laws
Judiciary: interprets and enforces law
Ultra Vires
Within jurisdiction
Quasi-Criminal Offences do not result in what?
Criminal Record
sic utere tuo ut non alieni
do not sue what is yours to injure neighbour
nemo dat
one cannot give what one does not have
4 Unities
Time
Possession
Interest
Title
Joint Tenancy is different than Tenancy in Common?
Right to survivorship and 4 unties must be present for Joint Tenancy
What does a beneficial owner do?
On behalf of the trustee manages
What is the other name for a beneficial owner?
Equitable
What is a trustee? 1
Legal title over the land and have fiduciary responsibility (act in best interests) Holds for another
What are corpeal interests
tangible items
What 4 ways can you protect intangible items? (CIPO)
Patent (20yrs)
Copyright (life +50, as soon as item created)
Trademark(15 years, renewable)
Industrial Design (up to 10years)
Ontario treats common law couples the same as married EXCEPT for?
property
What ways are you considered a common law relationship?
- Living together with a child
2. Living together for 3+ years (most considered after year)
What are the three “marriage breakdown” categories?
- adultery
- Physical or mental abuse
- lived separate or apart for more than a year.
What are the 3 ways couples can wrongfully file for divorce? (Illegal)
- collusion - working together to lie about time separated
- conveyancing-encouraging to commit adultery
- condonation -forgiven for adultery
Who can grant divorce?
FEDERAL ONLY
Who deals with child support?
Provincial Government
What are the 5 types of torts?
Strict Liability Gross Negligence Negligence Intended Tort Recklessness SINGR
What is assault?
The inherent threat of being harmed physically (battery)
What is battery?
non consensual touching
what does ab into mean?
void
setting a contract back to zero is?
rescission