Sources of Law

Question 1

What is the Constitution of Canada?

Answer 1

• supreme law of canada
• defines PWR of federal and provincial GOV
• contain Charter of Rights and Freedom
• can only be amended IAW the formula

Question 2

Freedoms under Charter of Rights and Freedom?

Answer 2

Freedom of:

• association
• peaceful assembly
• thought, belief, opinion and expression
• conscience and religion
• fair trial and due process

Question 3

What do Section 91 and 92 of the Constitution Act provide for?

Answer 3

All legistrative pwr and authorities are divided between Canada and provinces

Question 4

What are statues?

Answer 4

Legislation enacted federally / provincially that becomes law

Question 5

What statue is specific to engineers in BC and what does it do?

Answer 5

• The Engineers and Geoscientists Act
• The Professional Goverance Act
• Creates self-governing, professional body that is responsible for regulating admission into the engineering profession.

Question 6

What act/charters enable municipalities to create legislation in BC?

Answer 6

• Local Gov Act
• Community Charter
• Vancouver Charter

Question 7

How are regulations and bylaw different than statutes?

Answer 7

• Statue gives pwr upon a designated individual or body to create regulations and bylaw
• W/ proper process, regulations and bylaws will have same pwr/effect as statue

Question 8

What are the three primary makers of law?

Answer 8

• Courts
• Legislature
• Parliament

Question 9

What are the 2 types of law?

Answer 9

Public / Private

Question 10

What is public law?

Answer 10

• Law that sets rules between individuals and society
• Includes: Criminal, Constitution, Admin. , Aboriginal

Question 11

What is crime law

Answer 11

Law that deals w/ social wrongs, crimes and punishment

Question 12

What is the constitutional law

Answer 12

• Define the relationship of GOV branches including federal and provincial
• Limit GOV PWR over individuals

Question 13

What is Administrative law?

Answer 13

• Law that deals w/ the GOV actions and ops
• Makes sure GOV actions are authorized by legislatures

Question 14

What is the Private law?

Answer 14

• Law that sets rules between individuals
• Includes: Property, Contract, and Tort law

Question 15

What is Common law?

Answer 15

• Law that make judges to make decision on similar case
• Always changing
• Cover Contract/Tort Law

Question 16

What is Property Law?

Answer 16

Law that deals w/ individuals’ ownership rights on tangible/intangible asset

Question 17

What is Contract Law?

Answer 17

Law regarding on individuals’ ability to form and enforce agreements.

Question 18

What is Tort Law?

Answer 18

Law that protects the indiv’s rights aginst infringement of others

Question 19

What 3 main principles of Tort Law came out of the Donoghue case (Snail in ginger beer)?

Answer 19

• Tort of negligence: allowing ppl to recover damages due to careless action of others
• Duty of Care
• ‘Neighbor Principle’: you must not injury you neighbor

Question 20

What are the types of torts?

Answer 20

Intentional
- Negligence
- Failure to Warn
- Nuisance
Unintentional
- Battery
- Trespass

Question 21

What are the 3 essential elements of negligence?

Answer 21

• Defendant broke duty under standard of care
• Defendant owed duty of care: take reasonable care to not to harm your neighbor
• Defendant’s breach caused injury

Question 22

What is included in duty to warn?

Answer 22

• Engineer must inform potential economic loss or risks to client/owner, authorities, and association

Question 23

What is Joint and Several Liability?

Answer 23

Where two or more ppl are responsible for loss, they are joint and severally liable.

Question 24

What is nuisance?

Answer 24

A situation that interferes a person’s use or enjoyment of property

Question 25

What are the limitation periods and their lengths?

Answer 25

2yrs: personal injury / property damage
6yrs: other losses
15yrs: ultimate limitation period