Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

COMM 304 > Midterm > Flashcards

Midterm Flashcards

1
Q

Warranty

A

Protects the dealer/seller
Sign away your legal obligation to take the object back for refund or replacement
If you pay more for something the law is more likely to rule in your favour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Guaranty

A

The legal right to take back the object for refund or exchange

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is Law?

A

A set of rules and regulations that help govern society
Never consistent, never always fair, has short coming
we are presumed to know the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

System of Jurisprudence

A

Made up of Statue Law and Common Law
Statute- the skeleton of the law
Common law- interprets the statute
Parliament gives us the “skeleton” of law, allowing the court to interpret it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Statute “skeleton of law”

A

Government law, legislation, Enactment, Act, code, by-law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Common Law

A

Judge made law, Case law, previous court decisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Levels of Power in Province:

A
  1. Court of Appeal
  2. Queens Bench, Jury
  3. Provincial Court
  4. Justice of the Peace
    Ottawa: Supreme Court of Canada, Tax Court
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Judicial Tribunals

A

The higher up court the greater the jurisdiction.

The Jurisdiction is the right, power, and authority to administer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Administrative Tribunal (Quasi-judicial)

A

Is created by the statute to carry out specific objectives of that statute
Ex. Human right commission, liquor control board, school boards
Every profession is run by an Administrative Tribunal

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Justice of the Peace (JP)

A

Past: settle minor criminal matters
Now: traffic/speeding tickets
Can release people for minor offences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Reasonable

A

Reasonable means a comparable standard

12 reasonable use common sense to admit quilt in the court of law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Provincial Court

A

Deals with 95%+ of all criminal cases (the other are scattered across other courts), all preliminary hearings, all quasi-criminal matters
Every civil charge starts here
Small claim court (civil up to $30,000)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Criminal Law

A

The relationship between state and individual
The state is interested in breach of criminal code and seeks to punish individual
The state must prove guilty beyond reasonable doubt (state does not interfere unless there’s criminal material involved)
The person who appeals is the Appellant and the other person becomes the Respondent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Civil Law

A

The relationship between individual and individual

If A sues B, A=Plaintiff and B=Defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Criminal and Civil Law

A

Can overlap

Ex. assault: civil b/c sue for injury, criminal b/c assault in the attempt of bodily harm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Two Categories of Criminal Law

A

1) Summary Conviction: less serious offence

2) Indictable Offence: more serious offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Summary Conviction

A

Theft under $2000, noise disturbance, certain sexual offences, shoplifting, joy riding, etc.
Provincial Court for all offences
Fine up to $500 or 6 months in prison (unless impaired driving)
If long record the right to change to indictable offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Indictable Offence

A

Theft over $2000, impaired driving if serious offence, Murder, breaking and entering (in and out)
Each offence has its own penalty
Provincial court for almost all offences except where the accused has a right of election

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Right of Election

A

There are certain serious offences where an accused person has choice where they want to have trial) can choose provincial court, queen’s bench, or queen’s bench and jury
If sentence is over 14 years, the person is entitled to a preliminary hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Murder 1

A

Planned to kill (premeditated)
Mandatory life in prison
Cannot apply for parole until 25 years served
Ex. hide in bush and kill someone

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Murder 2

A

Not planned (not premeditated)
Mandatory life in prison
Can apply for parole after 10 years
Ex. husband hits wife with lamp after catching her cheating, didn’t plan to kill but intended to harm her

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Manslaughter

A

Did not plan to kill but intended to act of assault but persons dies
Up to life in prison (less than murder)
Ex. hit someone and they fall and hit head and they die

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

If person is charged with summary conviction will follow this procedure in provincial court

A

Provincial court has absolute jurisdiction over all summary convictions
Indictable: person appears in provincial court and charges are read
Right of election- choice of where you want to be tied elect court
Queens bench- residing alone or with judge and jury
Provincial court judge fixes a date of preliminary court hearing held in the provincial court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

2 Objectives of Preliminary Hearing

A

1st- for judge (provincial court) to hear all evidence that the state has against to the accused and decide whether to send the case up for trial or discharge the person
When it’s decided to be sent up it’s called “committed to trial” happens 99.9% of the time
2nd- allows accused to hear all evidence that the state has against them- not in the position of jeopardy b/c not going to be found guilty or innocent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Onus of Proof

A

rests upon the prosecution to prove guilty beyond any reasonable doubt

26
Q

Who sits on the Jury?

A

12 reasonable people

Decision of the jury must be unanimous, if not in consensus it is a “hung jury”n

27
Q

All quasi criminal matters

A

Any offence that is not under the criminal code of Canada such as fishing without a license, bootlegging, speeding ticket, jaywalking, traffic tickets
Not criminal, not civil

28
Q

Small claims court

A

Cost of $20 for a case to be heard

Claims of up to $25,000 proceed to provincial court

29
Q

Court of queens bench

A

Deals with wills and estates

Queens bench family division

30
Q

Divorce

A

Federal legislation

grounds for divorce: marriage breakdown, spouse separates for 1 year or physical or mental cruelty

31
Q

Annulment

A

2 persons go through a form of marriage but not legally married (1 person usually thinks legally married)
No division of property
Ex. Man is already married but tricks another lady to get married

32
Q

Custody and access rights

A

Court decides what is the best interest of the child

Best if parents can work custody out themselves

33
Q

Maintenance

A

Family Maintenance Act- deal with spousal support and child support
Child support- until 18 unless attending university
Paid to custodial parent

34
Q

Filiation

A

Naming of the father to unwed mothers
Under Children’s Law Act- make agreement to sign paternity and agreement of child support (maintenance) if won’t do this then can summon him to court and have the court declare him the oath (both testify)

35
Q

Pre-Nuptial Agreement

A

You can exempt yourself from the Family Property Act

Unconsciable (“unfair”) then the court may void agreement

36
Q

Interspousal Agreement

A

Take place after already married

Encouraged for breaking up couples to save money b/c don’t have to go to court and have less lawyer time

37
Q

Appellate Court

A 
Review court (everything that happened in the lower court)
Court decides to: sustain- no charge, set aside- quash, order a new trial, bury a sentence, bury an award of damages
38
Q

Contract

A

a relationship between people that gives rise to rights and obligations, enforceable by law
a agreement between two or more capable people for a legal consideration to do or to not to do some lawful and genuinely intended act

39
Q

5 essential elements of a contract

A

1) Capacities of parties
2) Mutual agreement
3) Genuine intention
4) Legal Consideration
5) Lawful Subject matter

40
Q

Capacity of the parties

A
  1. Infant- a contract made by an infant is void or voidable at the option of the infant (has right to void until 18)
  2. Mentally Incompetent- have to prove to court that one party was influenced by alcohol or drugs and the other person knew of the condition
  3. Alien- contract with a person of another country that Canada is in a state of war with. Contract is illegal
  4. Bankrupt- if enters contract have to have consent by a licensed trustee
41
Q

A 17-year old (infant) Joe enters an agreement to buy a car for $4000 and that he would put $200 now and pay the rest on Friday. Joe then regrets his decision and tries to take back the car. The dealership refuses so Joe (plaintiff) decides to sue the dealership (defendant) Would Joe win?

A

The infant has the right to choose to void the contract so rule in favour of the plaintiff

42
Q

A 17-year old (infant) Joe offers $4000 for a car and that he would put $200 now and pay the rest on Friday and enters an agreement. On Friday Bill offers $5000 for the same car and takes it home. Joe comes to the dealership later Friday to bring the rest of the money sees the car is gone. The dealership gives Joe back his deposit and says they didn’t want to deal with him b/c he was an infant. Joe finds out Bill paid $5000 and sues Joe for $1000 compensation on the profit the dealership made. Who would win?

A

Rule in favour of the plaintiff b/c the dealership has obligation to supply the car and the infant has the right to the car b/c of the down payment

43
Q

A rich 17-year old buys a $5000 bracelet and then decides she doesn’t want it anymore. Is she bound to the contract?

A

Yes because it fits her standard of living (basic necessaries)

44
Q

A poor 17-year old buys a $5000 bracelet and decides she doesn’t want it anymore and tries to return it. Is she bound to the contract?

A

No because it does not fit her standard of living

45
Q

A married man pays for wives debts for many years. They break up and she still sends him the debts. Does he have to continue to pay for them?

A

Yes b/c a sort of contract was established (unless he notes that they are going to break up and writes down “I will not pay for these anymore”)

46
Q

What is the capacity of a corporation to contract?

A

a corporation has capacity to enter into a contract, unless restricted by bylaws

47
Q

Sole Proprietorship

A

One person owns the entirety of the business (simplest form of owning a business)
Entitled to all the profits and liable for all losses
When the proprietor dies, so does the business
Has to be registered under a provincial Statute

48
Q

Partnership “dangerous ship to sale in” (firm)

A

Two or more persons carry out a business in common with a view of sharing all profits and losses
Partnership dies if one person passes away
If one person files bankruptcy, the partnership dies with it
At year-end all partners should owe same taxes

49
Q

Why is a partnership dangerous?

A

There is joint and several liability (joint means everyone is liable, several means persons who was wrongfully done by can go after one, two etc. all partners)
All liable together and all liable separate (all assets can come under attack) -Law of Agency
Personal liability: savings, pension, etc. can be sought after by creditors
It is a relationship of trust (fiduciary relationship)

50
Q

Tim, Dale, and Sean were partners of BBFR and Dale injuries an individual. Who can the injured person sue?

A

The person who did the wrong doings, any other partners, or the entire partnership.

51
Q

Limited Liability Partnership

A

If one partner give faulty advice and is being sued, then the other partner will not be liable for their negligence
This applies to criminal or negligent acts

52
Q

Partnership agreement (wise to have)

A

Can provide if one partner causes a loss or injury will be solely responsible for the loss
A public person can still sue all partners but the other partners can sue the one that got them sued

53
Q

Buy-Sell Agreement

A

provides for the other parties to buy out any partner that wants out of the firm or if one dies

54
Q

Limited/Silent Partnership

A

Does not advise business policy, no signing, authority (cheques) etc. if he does so he will lose status of limited partner
Not not participate in any ways
invests money in the firm to hope for a return on investment
name isn’t allowed on the partnership

55
Q

Corporation

A

Legal entity unto itself, artificially created person (made up of shares), no one can own, cannot commit criminal offence

56
Q

What is the difference between an individual person, corporate person, and partnership?

A

Individual: has legal status and exists, cannot own another person
Corporation: has legal status and exists, made up of shares, given birth through incorporation
Partnership: does not have legal status and does not exist

57
Q

Business Corporation Act

A

gives birth to corporation
a provincial corporation can only do business in SK
you can apply to other provinces to receive a license to be an Extra Provincial Corporation
to create a corporate person need 2 sets of documents:
Articles of Incorporation
Bylaws

58
Q

Articles of Incorporation

A

provides the corporation with a name followed by one of the following: Company Ltd., Ltd., Co. Ltd., Incorporated, Inc.
provides a registered office and a business office
who the directors of the company are and how many shares are authorized and who owns the shares

59
Q

Bylaws

A

adopt bylaws of the provincial statue that sets up the board of directors, treasurer, secretary, and who is entitled to purchase share, etc.
contains rules and regulations
a corporation has full capacity to contract unless restricted to its bylaws
after submitting the 2 documents you will receive a Certificate of Incorporation with a seal of the register to create an artificial person

60
Q

2 types of corporations

A

Private: cannot sell its shares to the public at large. Can be turned into a public
Public: can sell its shares to the public at large and benefits from being on a stock exchange
can invest and buy shares from investment houses

61
Q

How does Ace Construction Inc. become a corporation? And what is their authorized share capital?

A

Name themselves as the directors off the corporation
set up registered office (often lawyers or accountants office)
set up head office
set up share structure (# and value of each share)
Authorized share capital: if choose 20,000 shares @ $1 each then $20,000
(Shell corporation b/c has nothing in assets yet

62
Q

Rules that govern the corporation

A

Clause: cannot be sold without unanimous consent from A and B

COMM 304 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions