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Law Studies 12 > Last Test > Flashcards

Last Test Flashcards

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1
Q

Essential requirements of marriage

A 
Mental capacity
Genuine consent
Minimum age 
close relationships 
 marriage status
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2
Q

Mental capacity

A

When getting married both parties must understand the nature of their marriage they must understand the duties and responsibilities it creates

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3
Q

Genuine consent

A

Persons getting married must consent to it freely if either party is for us under duress or if there is a mistake about the marriage ceremony the marriage may be declared void

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4
Q

Minimum age

A

Varies.

Majority 16 with parental consent

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5
Q

Close relationships

A

You cannot marry someone closely related to you

Parents, daughter, sibling or half-sibling, grandparents

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6
Q

Unmarried status

A

Both parties must be unmarried at the time of their marriage

Monogamy

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7
Q

Battery

A

Physical touching of another person without his or her consent

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8
Q

Assault

A

Threat of force where there is reasonable fear of immediate contact

Depression caused by fear

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9
Q

Denial of personal freedom

A

False imprisonment

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10
Q

Trespass to land

A

Entering or crossing another’s persons land without permission or legal authority

The plaintiff is allowed damages even if no damage or harm was done to the land

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11
Q

Nuisance

A

Landowner has the right to acquire land

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12
Q

Defamation of character

A

Unjustified or untrue attack on a person‘s reputation

Must include difficulty in finding employment or strained relationship

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13
Q

Libel

A

More permanent visual or audio form like radio TV photos

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14
Q

Slander

A

Spoken words, physical gestures or sounds.

Unintentional

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15
Q

Pecuniary damages

A

For loss of income and future earnings, related to money, if plaintiff cannot work because of defendants actions

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16
Q

Non-pecuniary damages

A

Pain and suffering and loss of enjoyment of life

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17
Q

Special damages

A

Cover out of pocket expenses occurring before the trial

No receipts are needed but help calculate

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18
Q

Punitive damages

A

Also known as exemplary damages, additional damages to punish offenders for their oppressive behavior.

Not awarded if offender is punished

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19
Q

Aggravated damages

A

Awarded when the defendant’s behavior harms the plaintiff

Compensation awarded for humiliation and mental distress

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20
Q

Nominal damages

A

Awarded when the judges want to support for a plaintiff or defendant, small some like one dollar to $100

Little or no loss or harm

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21
Q

Occupier

A

Someone who controls and supervisors a property

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22
Q

Invitee

A

Someone on the property for reasons other than social visits

Attending school, store customers

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23
Q

Licensee

A

Someone who enters a property with the implied permission of the Occupier

A friend who was asked over to dinner

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24
Q

Trespasser

A

Trespasser is someone who enters a property without permission or a legal right to be there

25
Q

Allurement

A

Something that is inviting or exciting to children and could result in their harm

Swimming pools, bells, ice cream truck

26
Q

Causation

A

The relationship exist in between the defendants action in the plaintiffs loss

27
Q

Counterclaim

A

Defendants claim in response of the plaintiffs claim

28
Q

Defamation

A

Injury to a person’s character or reputation

29
Q

Duty of care

A

A specific legal obligation to not harm other people or their property

30
Q

Annulment

A

A court ruling that a relationship was never a marriage

31
Q

Class action

A

A single legal action brought on behalf of all members of a group with a common interest or grievance

32
Q

Consummate

A

To validate or complete a marriage by having sexual intercourse with your spouse

33
Q

Contributory negligence

A

Negligence on the victims part that helps bring out or contributes to his or her own injury

34
Q

Custody

A

??

35
Q

Default judgment

A

A decision made in the plaintiffs favor when the defendant does not dispute the claim within a reasonable time

36
Q

Examination for discovery

A

For discovery a pre-trial process in civil cases in which each side discloses all evidence

37
Q

Garnishment

A

Instructs am employer to deduct a specific percentage of a debtors wage

A court order requiring that money owed by defendant to a plaintive to be paid out of the defendants bank account or wages

38
Q

Nuisance

A

Unreasonable use of the land that interferes with the rights of others to enjoy the property

39
Q

Vicarious liability

A

Occurs when a person is held responsible for another tort

Lending your car

40
Q

Tort

A

a wrong or injury other than breach of contract that may be intentional or unintentional

41
Q

Tort law

A

Outlines the area of law that holds a person or organization responsible for the damage caused by their actions against another person

42
Q

Waiver

A

A document signed by a plaintive releasing the defendant from liability in the event of an accident or injury

43
Q

Motor vehicle negligence

A

Speed limits, seatbelt law. Violating those may be considered motor vehicle negligence

Burden of proof rests on plaintiff

44
Q

Commercial hosts

A

Responsible duty to keep an eye on it intoxicated customers

45
Q

Passenger liability

A

Drivers are responsible or liable for the passenger safety

However passengers me except a ride knowing the driver is intoxicated
presumed to voluntarily assume risk

46
Q

Medical malpractice

A

Negligence and failure to get patients informed consent. Adequate standard of care

47
Q

Informed consent

A

Agreement to a particular action with full understanding of the risks

48
Q

Professional negligence

A

If a pharmacist dispenses the wrong medication. These experts have specialized knowledge and skills, they must exercise a certain standard of care

49
Q

Inevitable accident

A

Act of God

Lightning strike

50
Q

Voluntary assumption of risk

A

The acceptance of factors that may lead to harm or injury

51
Q

Standard of care

A

The level of care expected of a person in specific circumstances

52
Q

General damages

A

Pecuniary damages and nonpecuniary damages

Not easily calculated. Require a judge

53
Q

Examination of debtor

A

Plaintive can request an examination of Debtor. Is ordered to appear in court to settle the claim.

The debtor is examined under oath about income and assets

54
Q

Seizing assets

A

Things are taken and notifies defendant there is a set. To settle the judgment and redeem the goods if not the goods are sold at a public auction and money goes to plaintiff

55
Q

Formal requirements of marriage

A

Issuing marriage license or Banns
Performing the marriage ceremony
Establishing age requirements
Registering the marriage

56
Q

Separation

A

A partial dissolution of marriage in which the spouses live separate and apart with the intention to end the marriage

57
Q

Small claims court

A

The court to resolve civil claims of $10 000 or less

58
Q

Statement of defence

A

The defendants response to the plaintiffs complaint

Law Studies 12 (2 decks)

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