Exam Final

Question 1

whats the difference between public and private legal relationships

Answer 1

Public legal relationships involves the state in its sovereign capacity examples criminal law, tax law. Private legal relationships are between private individuals

Question 2

What are the major categories of public law relationships

Answer 2

Criminal Law, Administrative Law, Constitutional Law

Question 3

what is criminal law

Answer 3

between the state and accused

Question 4

what is administrative law

Answer 4

rues that determine the manner which states services are delivered to the public example service ontario

Question 5

what is constitutional law

Answer 5

private individuals and state, example charter rights anf freedom

Question 6

what are the major categories of private law

Answer 6

exchange relationships, duty relationships, duties depending on the the person, fiduciary relationships, legal relationships involving party

Question 7

what is exchange relationships

Answer 7

contractual and voluntary legal relationships consideration between parties

Question 8

Duty relationships

Answer 8

may or not be voluntary, duty of care example bus driver

Question 9

duty depending on person

Answer 9

not strangers

Question 10

fiduciary relationships

Answer 10

can be chosen by parties

Question 11

Legal relationships involving parties

Answer 11

more than one party

Question 12

Main assumption underlying private law?

Answer 12

Freedom of contract, can’t interfere with someones lives, limits on government power

Question 13

what is the role public institutions

Answer 13

promoting equality rights, protection, moral content, allow different rights co exist together

Question 14

Does legal personhood include corporation

Answer 14

Yes, corporations are legal persons. can own assets, transactions within bank happen daily

Question 15

Individuals with legal capacity can enter

Answer 15

Marriage contracts, car rentals etc.

Question 16

Big M Drug Mart Case

Answer 16

wanted to be closed on sunday for religious holiday enhance freedoms with protection. Yes wrongdoing with employee

Question 17

Is environment a legal person?

Answer 17

No because its natural

Question 18

Do minors have legal capacity

Answer 18

never adult takes control

Question 19

Winnipeg Child Case

Answer 19

fetuses are not born yet therefore not a legal personhood

Question 20

Corporations Advantages

Answer 20

Limited Liability, can make profit together

Question 21

Sole proprietorships Advantages

Answer 21

owns all assets

Question 22

Partnerships Disadvantages

Answer 22

Different responbilites

Question 23

difference between a federal and provincial corporation

Answer 23

Federal operates more than one province, Provincial within a province

Question 24

how are ownership interest transferred public vs partnerships

Answer 24

cannot transfer without consent, shareholder can tranfer their shares freely

Question 25

when suing a corporation

Answer 25

defined separate existence in law

Question 26

What is one criticism

Answer 26

parties are not always equal with age intelligence race etc

Question 27

what are some basic elements of a contract

Answer 27

offer, consideration, intention legal relationship

Question 28

Consensus and Idem is missing then what?

Answer 28

parties agree on same essential contract with subject matter, how much you need to pay after the closing date

Question 29

Discharge to a contract

Answer 29

fully completed

Question 30

privity to a contract

Answer 30

Beneficarys can sue, trustee do not settle out duties property

Question 31

can discrimination laws disquality contracts

Answer 31

yes under human rights code

Question 32

Tort law vs Criminal

Answer 32

compensate vs to punish

Question 33

Thin Skull

Answer 33

doctrine - you take victim as you find them

Question 34

Crumbing Skull

Answer 34

injuries from before.. but only can take evidence for present

Question 35

real property

Answer 35

land structured attached

Question 36

Personal property

Answer 36

moveable items

Question 37

Can ADR be used to resolve a private legal dispute

Answer 37

no room for negotiation

Question 38

how does the state assist remedies judgments

Answer 38

Sheriffs office in every court jurisdiction with helps with seizures of land

Question 39

what are some limitations that remain despite the states aids

Answer 39

cant get blood, private law can fail

Question 40

what factors are looked at in deciding damage awards in property lawcases

Answer 40

there are 3 factors which include, has the defendant actions caused the value of the property to go down? has the plaintiff been denied the use of the property, no damage done to the property, should be a nominal damage award be awarded