General Concepts????????

Question 1

In a court case what is the most important aspect to understanding in order to see why the court made a decision?

Answer 1

rational

Question 2

What are the three branches of government? What is their function?

Answer 2

Legislative: elected HOC, make laws
Executive : carrying out and administering laws
Judiciary: interprets and enforces law

Question 3

Ultra Vires

Answer 3

Within jurisdiction

Question 4

Quasi-Criminal Offences do not result in what?

Answer 4

Criminal Record

Question 5

sic utere tuo ut non alieni

Answer 5

do not sue what is yours to injure neighbour

Question 6

nemo dat

Answer 6

one cannot give what one does not have

Question 7

4 Unities

Answer 7

Time
Possession
Interest
Title

Question 8

Joint Tenancy is different than Tenancy in Common?

Answer 8

Right to survivorship and 4 unties must be present for Joint Tenancy

Question 9

What does a beneficial owner do?

Answer 9

On behalf of the trustee manages

Question 10

What is the other name for a beneficial owner?

Answer 10

Equitable

Question 11

What is a trustee? 1

Answer 11

Legal title over the land and have fiduciary responsibility (act in best interests) Holds for another

Question 12

What are corpeal interests

Answer 12

tangible items

Question 13

What 4 ways can you protect intangible items? (CIPO)

Answer 13

Patent (20yrs)
Copyright (life +50, as soon as item created)
Trademark(15 years, renewable)
Industrial Design (up to 10years)

Question 14

Ontario treats common law couples the same as married EXCEPT for?

Answer 14

property

Question 15

What ways are you considered a common law relationship?

Answer 15

1. Living together with a child

2. Living together for 3+ years (most considered after year)

Question 16

What are the three “marriage breakdown” categories?

Answer 16

1. adultery
2. Physical or mental abuse
3. lived separate or apart for more than a year.

Question 17

What are the 3 ways couples can wrongfully file for divorce? (Illegal)

Answer 17

1. collusion - working together to lie about time separated
2. conveyancing-encouraging to commit adultery
3. condonation -forgiven for adultery

Question 18

Who can grant divorce?

Answer 18

FEDERAL ONLY

Question 19

Who deals with child support?

Answer 19

Provincial Government

Question 20

What are the 5 types of torts?

Answer 20

Strict Liability 
Gross Negligence 
Negligence 
Intended Tort 
Recklessness
SINGR

Question 21

What is assault?

Answer 21

The inherent threat of being harmed physically (battery)

Question 22

What is battery?

Answer 22

non consensual touching

Question 23

what does ab into mean?

Answer 23

void

Question 24

setting a contract back to zero is?

Answer 24

rescission

Question 25

What are three intentional tort defences?

Answer 25

consent
self-defence
legal authority

Question 26

What are the three Trespass’ to a person?

Answer 26

Assault
Battery
False Imprisonment

Question 27

What is the difference between misfeasance and nonfeasance?

Answer 27

failure to act “doing” and not doing anything (obligation to act)

Question 28

What are the six terms of a contract?

Answer 28

1. offer
2. consideration
3. acceptance
4. certainty
5. intention
6. formal requirements

Question 29

What is an executed contract?

Answer 29

contracts that are fully performed at time they are entered into

Question 30

What is an executory contract?

Answer 30

continuously preformed over period of time

Question 31

What is an condition preceded and subsequent?

Answer 31

delays the start of a contract

defeasible

Question 32

What is the difference between frustration and mistake?

Answer 32

timing. Frustration starts after the contract has been entered into.

Question 33

What are the 3 subcategories that fall under Misrepresentation?

Answer 33

1. Negligence -did not know but could have prevented
2. Innocent-did not know
3. fraudulent-knew