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FINAL EXAM > LAW 201 > Flashcards

LAW 201 Flashcards

1
Q

adversarial system

A

system used in common law courts whereby the primary responsibility of the presentation of cases lies with the opposing litigants and their counsel

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2
Q

Bill of Rights

A

english statue that formally ended the power of the crown to legsitale without consent of Parliament

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3
Q

civil code

A

authoritative legislative encoding of a country’s private law

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4
Q

common law

A

system of law based on the english legal tradition, relies of precedent rather than codified rules

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5
Q

distinguishable

A

term given to precedent from a higher court that lower court decides not to follow -grounds that cases differ

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6
Q

feudalism

A

socio-political system in medieval Europe based on relationships of obligation and allegiance among King, nobles and subjects

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7
Q

Inns of Court

A

professional associations for lawyers in England and Wales with supervisory and disciplinary courts

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8
Q

King’s Peace

A

ideal peace and well being of action that King was obligated to uphold and protect

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9
Q

plantiff

A

who initiates a non-criminal lawsuit

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10
Q

precedent

A

under doctrine of stare decisis is binding on lower courts of same jurisdiction

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11
Q

ratio decidedi

A

referring to the governing rule in a case and way facts we applied

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12
Q

stare decisis

A

common law principle that a precedent is binding on lower courts of same jurisdiction

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13
Q

writ

A

obtained by plaintiff in which defendant was informed that a particular action has been started against them

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14
Q

constitutional law

A

law dealing with the distribution of governmental powers under Canada’s constitution

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15
Q

entrenched

A

enshrined by the Canadian constitution, cannot be changed unilaterally by federal government

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16
Q

federalism

A

division of state powers between the federal parliament in Ottawa and legislates of provinces and territories

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17
Q

Judicial Committee of Privy Council

A

highest appeal authority for cosines in British Empire

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18
Q

Judicial Review

A

process by which court reviews the exercise of government power to ensure that it is constitutional

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19
Q

patriate

A

remove a nations legislation or constitutional from the control of mother country and bring under country itself

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20
Q

unitary government

A

a form of government whereby one supreme authority governs the whole country

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21
Q

bicameral

A

legislature with two houses involved in passing of bill

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22
Q

Bill

A

draft version of proposed statue

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23
Q

chapter number

A

the number assigned to a statue when it is first passed or when it is republished in statutory revision

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24
Q

commencement

A

coming into force” details when or how a statue comes into effect

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25
Q

consequential amendement section

A

section in a new statue that amends existing legislation to make ti consistent with new statue

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26
Q

constitutionally entrenched

A

describes a statue that falls within the definition of Constitution of Canada

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27
Q

defintion section

A

defines term –important to contract law

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28
Q

delegates non potest delegare

A

principle that a person or body whom protest power is delegated cannot sub delegate that power

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29
Q

devolution

A

legislative arrangement whereby a central authority grants woe to regional authorities that are subordinatee to the central authority

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30
Q

division of power

A

refers to the divided jurisdiction —betwee Parliament, on one hand, and the provinces of the other

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31
Q

double aspect law

A

a law whose subject matter falls within federal subject are and provincial

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32
Q

enabling section

A

section that delegates authority to make regulations to another person or body

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33
Q

federal paramountcy doctrine

A

in event of conflict of law in area the federal law prevails

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34
Q

jurisdiction

A

specific subject areas over which the federal government and provincial legislature aha signed authority

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35
Q

legislative intent

A

legislature’s express or implied intent in passing a statue

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36
Q

municipal bylaws

A

form of subordinate legislation passed in municipalities

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37
Q

parliamentary sovereignty

A

doctrine that Parliament has ultimate and complete power to pass nay law

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38
Q

POGG Power

A

general residuary power given to Parliament —fill gaps left by specifically enumerated areas of jurisdictionn assigned to the two levels of government

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39
Q

preamble

A

an introduction sentence that succinctly states the statues key philosophical aspect

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40
Q

private bill

A

a bill dealing with private matters that relates, for example, to a particular individual corporation or charity

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41
Q

proclamation

A

a special government order ring a statue into force

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42
Q

prorogued

A

formal end to senate session

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43
Q

public bill

A

a bill dealing wit matter of public policy

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44
Q

quasi-legislative materials

A

non-legislated written rules that relate to and affect legal process

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45
Q

reading

A

bill’s formal presentation to the legislature before it becomes statue

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46
Q

regulations

A

form of subordinate legislation passed by person or body that expand on or fill out a statues legislative scheme

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47
Q

revised statues

A

republished, revised collection of all public statues for a jurisdiction, providing a comprehensive snapshot as of the revision date

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48
Q

royal assent

A

formal approval of a bill by the Queen’s representative

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49
Q

section

A

basic unit of statue

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50
Q

separation of powers doctrine

A

doctrine according to which separate powers are assigned to the legislative, executive, and judicial branches of government

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51
Q

short title

A

abbreviated version of full state title

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52
Q

statues

A

primary form of legislation

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53
Q

statutory interpretation

A

process of interpreting legislation to resolve any ambiguities regarding its meaning or effect

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54
Q

subordinates

A

legislation passed pursuant to statue, whereby the principal law-making power has delegated authority to another body to make laws

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55
Q

supremacy clause

A

section 52 (1) which provides that the Constitution is the supreme law of Canada and empowers the courts to find that laws are inconsistent with the constitution are of no force of effect

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56
Q

ultra vires

A

outside the jurisdiction of enacting authority

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57
Q

unicameral

A

legislature with one house involved in passage of legislation

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58
Q

appellant

A

individual, corporation or other entity who lost at trial and intiates a higher court appeal

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59
Q

binding

A

higher court decision that lower court in same jurisdiction must follow

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60
Q

case

A

depending on context, refers to a reason for judgement,

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61
Q

defendant

A

individual, corporation or other entity who defends a non-criminal lawsuit initiated by plaintiff

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62
Q

dissent

A

judgement of one or more justicees in the minority

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63
Q

facta

A

written legal arguments to be presented on appeal

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64
Q

federal superior courts

A

federal court, federal court of Appeal, Tax court and Court of Marital Appeal

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65
Q

inferior courts

A

provincial and territorial courts who jurisdiction is limited to the less serious courts whose jurisdiction is limited to th eless serious criminal matters, family and youth

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66
Q

judgement

A

final outcome or disposition

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67
Q

judicial independence

A

principle that judges should be free to make decisions based on law and free from outside interference

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68
Q

neutral citation

A

unique citation protocol, recognized internationally and in all Canadian courts, according to which courts number each of their judgements consecutively for the year in question, as well as paragraphs

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69
Q

obiter dicta

A

statements made by the court in its reasons for judgement that may be of interest but that are inessential to the decision and therefore have no binding authority

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70
Q

open court principle

A

principle that judicial proceedings should be administered to public

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71
Q

persuasive

A

describes a precedent that a court is persuaded to give some weight to but is not bound to follow, because the precedent is from another jurisdiction or otherwise not binding

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72
Q

plaintiff

A

individual, corporation or entity who initiates non-criminal lawsuit

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73
Q

precedent

A

court decision that under the doctrine of stare decisis is binding on lower courts in the same jurisdiction

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74
Q

provincial superior courts

A

provincially constituted courts that inherit jurisdiction to hear all matters with two levels—an appeal and trial

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75
Q

puisne

A

term applied to describe judges who rank below another judge or judges on same court—judges below Chief Justice on appeal

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76
Q

ratio decidendi

A

the reason fro decision

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77
Q

reference

A

special case in which executive branch of government refers a question of law to a court of appeal, usually a question concerning the constitutionality of statues

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78
Q

reserve

A

postpone rendering a decision, so the court can carefully prepare the reason for judgement

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79
Q

respondent

A

individual who won at trial and who is responding to the appellant on appeal

80
Q

section 96 courts

A

provincial superior courts referred to as this because judges are FEDERALLY appointed

81
Q

style of clause

A

the name of the case or title of the proceeding, consisting of the names of the parties to the dispute

82
Q

Supreme Court

A

highest court and final court of appeal

83
Q

territorial superior courts

A

federally constituted superior courts with jurisdiction in territories

84
Q

united family courts

A

special divisions of the trail level of a provincial superior court with complete jurisdiction over family matters, including matters that would otherwise be heard in provincial inferior courts

85
Q

affirmative action

A

policy, particularly in relation to education or employment, intended to assist groups who have suffered past discrimination

86
Q

bona fide occupational requirement

A

in the context of employment, requirement is one that exists for a legitimate reason—for example safety— and that cannot be removed without undue hardship on employer

87
Q

assault

A

psychological tort involving one person’s apprehension of harmful physical contact from another person

88
Q

battery

A

tort requiring actual occurrance of harmful of offensive physical contact

89
Q

bilateral contract

A

contracts in the form of promise for promise whereby offeror promises something in exchange for reciprocal promise

90
Q

cattle trespass

A

strict liability tort involving damage caused by strayed cattle or other farm animals

91
Q

civil wrongs

A

a wrong that occurs in the context of relationship between persons and is addressed by one area of private law

92
Q

compensatory draages

A

damages in tort claim that compensate the plaintiff for proven and recognized losses

93
Q

consent (defence of)

A

a defence against a variety of tort claims that is based on the idea that the plaintiff was aware of the risks associated with he activity that led to damages and agreed to participate

94
Q

contributory negligence

A

a defence against negligent tor claims, that is based on idea that plaintiff negligently contributed to her losses

95
Q

defamation

A

allegations of impropriety that injure another person’s reputation

96
Q

exclusion clause

A

clause in a contract listing the liability of one of the parties to a fixed dollar compelled

97
Q

expectation damages

A

a remedy for contract disputes that attempts to place the innocent party in the position she would aha been in prior to

98
Q

express terms

A

contract terms that the parties have considered and deliberately included in contract

99
Q

false imprisonment

A

tort where one person totally restrains the movement of another

100
Q

illegality (defence of)

A

defence of negligent claims that used to be applied when the plantiff and defendant were involved in criminal or immoral activity at the time, but si now mainly applied when the plaintiff is trying to use negligence action to avoid criminal penalty

101
Q

implied terms

A

contract terms that the parties have not explicitly included but are nonetheless part of

102
Q

libel

A

a kind of defamation that involves defamatory statements (writing,newspaper)

103
Q

misfeasance

A

negligent tort that involves doing soemthing carelessly (as opposed to omitting soemthing)

104
Q

misrepresentations

A

false representations made during contract negotiations

105
Q

negligence

A

area of tort law that addresses harm caused by carelessness, not intentional

106
Q

nominal damages

A

damages in a tort claim that reflect the breach of plaintiffs right where n actual loss has sustained

107
Q

nonfeasance

A

negligent tort that involves omitting to do something the law requires you to do

108
Q

nuisance

A

public or private

109
Q

occupiers liability

A

the liability of occupiers of land for injuries that visitors sustain while on occupiers property

110
Q

private nuisance

A

involves one person using her property in such a way as to interfere with another persons enjoyment or use of property but without any actual trespass

111
Q

public nuisance

A

occurs when a public interest is interfered with—for example when a highway is obstructed

112
Q

punitive damages

A

damages in a tort claim that are granted situations where the court wishes to punish the defendant for socially objectionable behaviour

113
Q

rectification

A

for contract disputes based on errors in the written contract, a remedy whereby the court orders that the contract be rewritten to correct mistake

114
Q

reliance damage

A

a remedy for contract that compensates the innocent party for expenses he incurred preparing for the performance of contractual obligations

115
Q

rescission

A

returning a contact back to zero

116
Q

restitution damages

A

a remedy for contract disputes that compensates the innocent party for money usually paid over by other party

117
Q

rule in Ryalnds v Fletcher

A

strict liability rule that the person who brings a dangerous substance onto property is answerable for the damage it causes if it should escape

118
Q

scienter action

A

a strict liability concerning damage caused by a domestic animal : based on idea that owner knew it was dangerous

119
Q

slander

A

defamation transmitted via oral or other transitory forms

120
Q

specific performance

A

a remedy for contract disputes whereby the court orders the party in breach to perform obligations as promised

121
Q

strict liability tort

A

a tort for which the defendant is held responsible even if damage action was neither intentional nor a result of negligence

122
Q

tort

A

civil wrong

123
Q

trespass to goods

A

a tort whereby one person internationally interferes with another’s rightful possession of moveable property

124
Q

trespass to land

A

physical intuition by one person onto land occupied by another

125
Q

trespass to person

A

encompass there subcategories : assault, battery and false imprisonment

126
Q

unilateral contract

A

contracts that are in the form of a promise of action the offeror promising something if the offeree accepts by performing action

127
Q

vicarious liability

A

the strict liability of one party for the fault of another due to the special relationship between them

128
Q

admiralty

A

area of law that concerns maritime trade and commerce and that has private international component

129
Q

affinity

A

the relationship that a person has to the blood relatives of his or her spouse

130
Q

agreement for sale

A

agreement by which a person selling his property agrees to finance the purchase himself, keeping the title to the property while allowing the purchaser to take possession of it, and then transferring the title to purchase once paid

131
Q

annulment

A

legal cancellation fo amarrage

132
Q

banns of marriage

A

public announcement in church of an impending marriage

133
Q

beneficial owner

A

also called equitable owner, the person on whose behalf and for whose benefit the trustee holds and manages property

134
Q

builders’ lien

A

charge against land that builders use to secure amounts owed them for work done on landowner’s property

135
Q

charges and encumbrances

A

any claim on a parcel if real property

136
Q

chattels

A

tangible, movable objects

137
Q

chose in action

A

right to sue someone for unpaid debt or liability: intangible PP

138
Q

conflict of laws

A

covers private law disputes that have interprovincial or international component

139
Q

consanguinity

A

blood relationship between relatives

140
Q

conveyancing

A

real estate transaction that begins after the contract is enter into and involves the actual transfer of title

141
Q

deeds

A

formal documents showing ownership

142
Q

defensible

A

term used for life estates thatch be terminated by fee simple owner if certain conditions are not met

143
Q

elder law

A

area of private law that covers that covers various legal issues facing elderly

144
Q

essentail validity

A

concerns a person’s capacity to marry and substantive requirements of valid marriage

145
Q

fee simple ownership

A

the most absolute form of private ownership

146
Q

fixtures

A

things that are attached to the land

147
Q

foreclosure proceedings

A

proceedings that the mortgage brings against the defaulting mortgagor in order to foreclose the borrowers right to redeem property

148
Q

formal validity

A

concerns the formalities or ceremonial requirements of marriage

149
Q

freehold interests

A

from of property ownership that does not imply an obligation to pay rent

150
Q

indefensible

A

not able to annulled, made or overturned

151
Q

intellectual property

A

art, inventions, and designs q

152
Q

interest

A

any right, claim or privilege tat an individual has with respect to real or personal property

153
Q

joint tenancy

A

a form of co-ownership that features the right of survivorship as well as four unities :posession, time, interest, and title

154
Q

leasehold interests

A

form of property ownership tat implies obligation to pay rent

155
Q

legal ethics

A

area of law that deals with the ethical issues facing legal professional in all facets of their practice

156
Q

life estate

A

ownership the fee simple owner grants to person exclusive possession of property for their lifetime—reverts back to fee simple after death

157
Q

personal property

A

tangible, movable objects as well as intangible

158
Q

right of survivorshipp

A

a main condition of joint tenancy whereby co-owners automatically inherit a deceased owner’s share

159
Q

riparian rights

A

rights that are attached to property fronting lakes or rivers

160
Q

succession law

A

private law that cover issues to dow ith wills and estates and transmission of property upon death

161
Q

support

A

property owner’s obligation to consider who changes made to his property may affect neighbours

162
Q

tenancy in common

A

does not involve right to survivorship or four unities, co-owner can transfer interests to others

163
Q

Torrens system

A

registering property ownership that eliminates the transfer of title by deeds and replaces them withstautory transfer forms so that the title is indefeasible

164
Q

trustee

A

legal title to property, but holds it for another

165
Q

caveat emptor

A

buyer alone is responsible for ensuring the fitness of the goods he or she is purchasing

166
Q

conspiracy

A

arranging with other sellers to lessen competition and therefore exploit customer

167
Q

corporation

A

company or group of people authorized to act as single entity

168
Q

fiduciary duty

A

responsibility to act carefully and reasonably in the best interests of

169
Q

general partnership

A

business structure in which two or more persons carry business in common with view of profit

170
Q

limited liability partnership

A

partnership structure used in certain professions in Canada. Partners are not liable for professional negligence of other partners

171
Q

limited partnership

A

partnership involving at least one general partner, who operates the partnership and is liable for any partnership debts, and at least one limited partner who invests in the partnership but does not operate

172
Q

sole proprietorship

A

business that is owned and operated by am individual that is not a legal entity separate from owner

173
Q

actus reas

A

guilty act

174
Q

aggravating circumstance

A

factor in the case that causes judge to impose a harsher sentence on the convicted person than she would otherwise do

175
Q

appearance notice

A

document given to person, usually at come that requires person to com to court on certain date

176
Q

arraignment

A

charge is read to accused

177
Q

conviction

A

judge or jury’s ending an accused person

178
Q

duty of disclosure

A

Crown’s mandatory disclosure to the accused, before trial, of the evidence against

179
Q

hybrid offence

A

can be tried as either indictable or summary, Crown decides

180
Q

indictable offences

A

most serious

181
Q

indictment

A

written document , used in superior court describing offences with which the accused is charged

182
Q

information

A

written document used in provincial court, describing offences with which the accused is charged

183
Q

judicial interim release

A

formal name for bail

184
Q

limitation period

A

period of time that legal action must be taken

185
Q

mens rea

A

guilty mind

186
Q

mitigating circumstances

A

a factor in the case tha causes the judge to impose a milder sentence on the convicted

187
Q

plea bargain

A

agreement between Crown and defence on how the accused will plead in court

188
Q

plead

A

answer criminal charges in ways permitted by CC

189
Q

preliminary hearing

A

hearing before Provincial Court judge to determine whether the Crown has sufficient evidence to stand trial

190
Q

pre-sentence report

A

prepared by probation officer that provides information about the background and character of offender

191
Q

quasi-criminal offence

A

offences that are created by provinces and municipalities and that fall within provincial jurisdiction—health, education

192
Q

summary conviction

A

least serious type of criminal offence

193
Q

summons

A

a document served personally on an accused person requiring him or her to be in court on certain day

194
Q

superior court of criminal jurisdiction

A

highest court in each province and territory to hear criminal matters, sometimes with a jury in designation saying by province

195
Q

undertaking

A

a promise to appear in court at certain date and time

FINAL EXAM (3 decks)

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