QUIZ1

Question 1

define statute law

Answer 1

law created by legislation- gov of cad/ prov of bc

Question 2

define common law

Answer 2

laws created by court decisions- precedent law, case law

Question 3

define tort & classes

Answer 3

characterizes a wrong committed by 1 person against another, their property/reputation;
2 classes; -public wrongs/ wrongs against society, -private wrongs/wrongs against the individual

Question 4

define ‘employer vicarious liability’

Answer 4

employer’s liability for their employee’s acts during business

Question 5

define assault vs battery

Answer 5

assault- threat of violence/injury to someone
battery- unlawful touching/striking of someone

Question 6

define false imprisonment

Answer 6

-restricting the freedom of another
-doesn’t have to be physical (can be threatened)
eg) someone suspected to have stolen gets seized

Question 7

false imprisonment exceptions?

Answer 7

-person may restrain another when they’re in the process of doing the crime
-person may restrain another if they restrained the WRONG person & had reason to believe so

Question 8

define defamation

Answer 8

-false statements that damage persons reputation; libel/slander

Question 9

slander vs libel

Answer 9

*slander
-verbal stmnts/gestures to injure rep.
-local, easily forgotten
*libel
-published/eg. TV, internet, print
-globalized, permanent

Question 10

define trespass

Answer 10

tort of injuring someone/trespassing land/seizing or damaging good of another

Question 11

define conversion

Answer 11

refusal to give back personal property to rightful owner

Question 12

define slander of goods

Answer 12

stmnt claiming that a competitor’s goods are defective/bad/injurious to a consumer

Question 13

define injurious falsehood

Answer 13

false stmnts abt firm/its products/practices in order for others from doing business w them

Question 14

define slander of title

Answer 14

false stmnt abt someone’s rights to owning a good
eg. claiming that goods were stolen and then put up for sale

Question 15

define deceit

Answer 15

person induces another to enter a contract using false stmnts/ fraudulent representation

Question 16

define fraudulent conversion

Answer 16

-obtaining goods under false pretenses
eg. person obtains goods by pretending to be agent of a loyal customer,, giving fraudulent cheque

Question 17

Define duty of care

Answer 17

Duty not to injure another

Question 18

Define causation or proximate cause

Answer 18

The direct cause of injury by defendant

Question 19

Define chain of causation

Answer 19

The diff variables or chain of events that can pertain to someone’s injuries
Eg) having minor injuries from a fall, and otw to the hospital, getting into a car accident . Car accident is the proximate cause of the injuries

Question 20

Define strict liability

Answer 20

Responsibility for loss regardless of circumstances

Question 21

Define vicarious liability

Answer 21

Someone held liable for the acts of another
Eg) employer for employee

Question 22

Define res ipsa loquitor

Answer 22

“Thing speaks for itself”

Question 23

Define occupiers liability and classes

Answer 23

Occupiers obligation to protect who enters property
-invitees; friends fam customers etc
-licensees; ppl given permission
-trespassers; ppl not allowed on property

Question 24

Define voluntary assumption of risk

Answer 24

Injured party may have also contributed to their own injury

Question 25

Define contributory negligence

Answer 25

multiple ppl contribute to 1 persons injury

Question 26

Define nuisance

Answer 26

Interference /material interference affecting someone’s enjoyment of property or comfort
Eg noise/smoke/contaminants/

Question 27

What jurisdiction are business-related subjects under?

Answer 27

provincial

Question 28

Describe the advantages of a low level trial system?
What does it cover?

Answer 28

-provincial court
cheap, easy access, simple, no lawyers needed

1.criminal court
2.basic family court (parenting/fnncl support/rstrning orders)
3.small claims (up to $35k claim in principle)

Question 29

How does the order from lowest to highest level of jurisdiction go ?

Answer 29

provincial court—> BC court of appeal—> supreme court of canada

Question 30

When is the supreme court of CAD used?

Answer 30

-possible for appeal if is a case of national importance or affects common law

Question 31

What are the procedures in filing for small claims court?

Answer 31

1. file notice of claim & pay fee
2. serve them; personal/certified mail/ substitutional service
3. get response by 14 days, —>sttlmnt conference
   provide all docs
4. trial
5. jdgmnt (award/ interest/filing fees)

Question 32

What are the procedures of filing for surpreme court?

Answer 32

1.file notice of civil claim(form1)
2. serve; personal by 3rd party/ substitutional service
3. file response (form2)
within 21 days; cad
35; USA
49; elsewhere
—>counterclaim?(form3)
—>response to cntrclaim(form2)
4. relevant docs full dislose
35 days
5. examination for discovery (apart from court procedure)
6. trial
7. jdgmnt

Question 33

How does the trial go in surpreme court?

Answer 33

-direct examination= no leading questions
-cross examination= leading q’s accepted
-indirect exam
-defendants witness
-submission

Question 34

What are the 5 ways of collecting judgment?

Answer 34

-garnishmnt of debt (before/after jdgmnt)
-garnishmnt of wages (30% every paychq..biweekly.etc)
-Writ of seizure & sale
-File in Land Title Office
-Subpoena to Debtor/ Payment Order

Question 35

what does federal jurisdiction cover?

Answer 35

conduct; peace, order, good gov.

Question 36

what does provincial jurisdiction cover?

Answer 36

property and civil rights
eg icbc, housing

Question 37

what are the rights included in charter of rights and freedoms?

Answer 37

-democratic
-justice
-language
-individual
-*freedom of
-assembly
-association
-belief & religion
-expression
-media

Question 38

What are the limitations of the Charter of Rights?

Answer 38

-limitations based on safety/health of others eg protesting.. need permit
-notwithstanding clause