Law Unit 3 Test Flashcards
What is another name for Civil Law?
Private Law.
What are the 6 parts of Civil Law?
Tort, Contract, Family, Property, Wills & Estates, and Employment law.
What side does the balance of probabilities fall on in a civil law case?
The Plaintiff’s side.
If you are under the age of 18, can you sue on your own? If not, who can sue for you?
If you are under the age of 18, you cannot sue on you’re own but a “next friend” can sue for you.
What is a “writ of summons”?
An official order for someone to appear in a court of law when they have been accused of committing an offence against someone. Basically, the legal document that starts a case.
What is an examination for discovery? And why does the court use it?
An examination of evidence from both sides before a civil trail, both lawyer’s showing each other their evidence. The court uses it so that when the evidence is analyzed, there are no surprises as they are trying to win on legal grounds.
If more than one person wants to sue a company, what do you call that type of suit?
A class action lawsuit, more than one person involved. For example, a class action lawsuit against a pharmaceutical companies for selling harmful drugs.
What are Special Damages?
Compensations for out-of-pocket expenses. For example, if you were hit by a car, you can start a claim for the money you needed for the ambulance and the medicine you needed because you paid for it out of your own pocket before you sued the defendant.
What kind of damages are awarded to punish the defendant?
Punitive damages which are damages that punish so the company/person won’t do it again.
What are Civil Remedies?
Solutions for civil issues that become the outcome of a civil case. Can include; money (paying someone back), stopping or starting something (the building of property), asking for a job back, etc.
If you sue for Pecuniary Damages, what can you get money for?
Future earnings or future care. For example, lost job wages. Pecuniary damages are calculatable, if I got hit by a car, I can’t work, so I want 6 weeks’ worth of earnings while in recovery.
What is the difference between Pecuniary and non-pecuniary damages?
Pecuniary damages are calculable and non-pecuniary damages can not be calculated. Non-pecuniary damages can include money for pain and suffering which is decided by the judge.
If you are compensated for intangible losses such as humiliation or distress, what kind of damages can you sue for?
Aggravated damages.
What is an injunction?
A court order that will get you to start or stop something. While the case is still happening, an injunction will start or stop a situation in order to rectify the problem. Such as the building of a fence on property that may or may not belong to either two individuals.
If you are a worker who is injured on the job, what form of compensation could you get?
Worker’s compensation.
What is ADR?
Alternative Dispute Resolution - A way to settle disagreements besides going through the expensive and long court process.
Explain the 3 parts to ADR?
Negotiation: both parties communicate to reach an agreement (no lawyers no money spent).
Mediation: A neutral third party sitting and listening to both parties coming to an agreement. The third-party makes you come forward but nothing that is said is legally binding.
Arbitration: The third party (a judge) will impose the solution and you have to follow through with it (legally binding).
What are the disadvantages of ADR?
- Not suitable in all cases – violence
- Confidentiality can be a problem if publicity might-prevent other problems – Michael Jackson
- If need to set a precedent or case could affect a large group – court is needed
What are the advantages of ADR?
- Saves time and money
- Success rate of 80 – 85%
- Informality, privacy and control over proceedings (out of court)
What are the key differences between Criminal and Civil Law?
- Criminal Law is public while Civil Law is private
- Criminal Laws cover crimes aganist the state while Civil Laws cover laws aganist other people
What is a Tort?
Damages to property or injury to yourself caused by another person.
What are the 3 stages of Negligence? Explain each stage.
Duty of care: the neighbourhood principle and foreseeabiliy. General knowledge and common sense, blasting my music at 2am will annoy my neighbours so I have a duty of care to not.
Standard of care: depending on who you are, you have a higher standard of care. If someone was choking and an EMT was around they have a higher standard of care to save the person than an ordinary person.
Causation: the plaintiff must prove that the defendant’s negligence caused the thing to happen.
What is the difference between an invitee, a licensee and a trespasser?
Invitee: Invited into a home, they are owed the highest level of care.
Licensee: Like if you were in a Walmart or another enclosed public place, not home but not trespassing. Still owed a level of care but not as high as an invitee.
Trespasser: They should not be there, they are owed a low level of care.
Give an example of something that constitutes allurement?
Trampoline
Swimming pool
Treehouse
Use an example to explain the concept of product liability?
For example, if defective tires were sold to you and they caused you to crash, the product is liable for causing that injury. Some products, such as birth control, come with extensive warning labels as the side affects are extreme and the companies do not want to be liable. Anything you consume or use have a level of product liability.
What is Voluntary Assumption of Risk? Give an example.
Voluntary Assumption of Risk is when you agree that what you are about to do is dangerous. For example, if you joined a rugby team, you signed a waiver and volunteered to play, agreeing that it’s dangerous and still willingly participating.
Why are some individuals held to a higher “Standard of Care” than others?
Mostly because they have the education that has given them more knowledge on what to do in certain situations than ordinary people, especially in the medical field. For example, a doctor is held to a higher “Standard of Care” than others because they have the eduction on what to do if someone needs medical attention.
What is a medical battery?
Treating a patient without their consent, doing something wrong, or generally, not what the patient want’s you to do. For exmaple, when doctor’s add an extra stitch after a woman gives birth, not for her own comfort but for her spouse.
If you detain a person without consent or legal authority, you are committing what offence?
False Imprisonment.
What is the difference between a public or private nuisance?
Public nuisance affects many people on a mass scale while private nuisance only affects one or a few people. For example, an oil spill versus your neighbour playing loud music at 4am.
Describe two types of interference with property?
Trespass to Chattel: If someone repeatedly interferes with your propety. For example, a friend who always takes your phone and tries to disallow you from getting it back.
Conversion: If someone deprives you of your property (converts it to their use). It’s a substantial interference – borrowing a bike for 5 minutes is a trespass, taking it for a 3 week bike trip is conversion.
What is another word for conversion?
Theft.
What is the difference between Libel and Slander?
Libel is written while slander is verbal.
What is the defence to defamation?
Truth, if the defamatory statements are true, then they can be published.
Who can use Absolute Privilege?
Politicians in Parliament.
What is a Fair Comment?
A defence to defamation where the comments were honest and made without malice. For example, film critics or teachers can use the defence of Fair Comment.
What are the “essential requirements” to a marriage?
A list of requirements that make sure no one is being taken advantage of before getting married. For example, age, consent, mental capacity, etc.
On what grounds can you sue for divorce?
You can sue for divorce on the grounds of adultery and cruelty but you must be separated for a year before divorcing.
Plaintiff:
The party initiating a legal action.
Defendant:
The party being sued in a civil action.
Counterclaim:
An action brought in response to the plaintiff’s claim aimed at diminishing or removing the defendant’s liability.
Arbitration:
A process in which a neutral third party hears both sides of the dispute and makes a binding decision.
Mediation:
A process in which a neutral third party intervenes to bring opposing parties to an agreement.
Duty of Care:
The obligation to foresee and avoid careless actions that might cause harm to others.
Neighbour Principle:
The legal responsibility to owe a duty of care not to harm one’s neighbour by being careless or negligent.
Foreseeability:
The ability of a reasonable person to anticipate the consequence of an action.
Standard of Care:
The degree of caution or level of conduct expected of a reasonable person.
Cause-in-Fact:
The factual “cause and effect” connection between one person’s actions and another person’s injuries.
Thin-skull rule:
The principle that a defendant is liable for all damages caused by negligence despite any pre-existing condition that makes the plaintiff more prone to injury.
Host:
Someone who serves alcohol to guests or paying costumers.
Invitee:
A person invited onto a property for a business purpose.
Malicious Prosecution:
Wrongful prosecution of a person without reasonable and probable cause.
Public nuisance:
Unreasonable and substantial interference with interests that effects the community at large, such as public health and safety.
Conversion:
Unauthorized and substantial interference with another’s property, which deprives the owner of its use.
Slander:
A defaming oral statement or gesture.
Malice:
Any improper or ulterior motive for publishing a defamatory statement.
Fair Comment:
A defence to defamation that the comments were honest and made without malice.
Libel:
Defamation in a permanent form, such as written or record statements.
Pecuniary damages:
Monetary compensation for losses that can be calculated.
Common-Law Relationship:
An intimate relationship between two individuals who are not legally married.
