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Law Studies 12 > Last Test > Flashcards

Last Test Flashcards

1
Q

Essential requirements of marriage

A 
Mental capacity
Genuine consent
Minimum age 
close relationships 
 marriage status
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2
Q

Mental capacity

A

When getting married both parties must understand the nature of their marriage they must understand the duties and responsibilities it creates

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3
Q

Genuine consent

A

Persons getting married must consent to it freely if either party is for us under duress or if there is a mistake about the marriage ceremony the marriage may be declared void

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4
Q

Minimum age

A

Varies.

Majority 16 with parental consent

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5
Q

Close relationships

A

You cannot marry someone closely related to you

Parents, daughter, sibling or half-sibling, grandparents

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6
Q

Unmarried status

A

Both parties must be unmarried at the time of their marriage

Monogamy

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7
Q

Battery

A

Physical touching of another person without his or her consent

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8
Q

Assault

A

Threat of force where there is reasonable fear of immediate contact

Depression caused by fear

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9
Q

Denial of personal freedom

A

False imprisonment

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10
Q

Trespass to land

A

Entering or crossing another’s persons land without permission or legal authority

The plaintiff is allowed damages even if no damage or harm was done to the land

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11
Q

Nuisance

A

Landowner has the right to acquire land

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12
Q

Defamation of character

A

Unjustified or untrue attack on a person‘s reputation

Must include difficulty in finding employment or strained relationship

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13
Q

Libel

A

More permanent visual or audio form like radio TV photos

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14
Q

Slander

A

Spoken words, physical gestures or sounds.

Unintentional

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15
Q

Pecuniary damages

A

For loss of income and future earnings, related to money, if plaintiff cannot work because of defendants actions

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16
Q

Non-pecuniary damages

A

Pain and suffering and loss of enjoyment of life

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17
Q

Special damages

A

Cover out of pocket expenses occurring before the trial

No receipts are needed but help calculate

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18
Q

Punitive damages

A

Also known as exemplary damages, additional damages to punish offenders for their oppressive behavior.

Not awarded if offender is punished

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19
Q

Aggravated damages

A

Awarded when the defendant’s behavior harms the plaintiff

Compensation awarded for humiliation and mental distress

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20
Q

Nominal damages

A

Awarded when the judges want to support for a plaintiff or defendant, small some like one dollar to $100

Little or no loss or harm

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21
Q

Occupier

A

Someone who controls and supervisors a property

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22
Q

Invitee

A

Someone on the property for reasons other than social visits

Attending school, store customers

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23
Q

Licensee

A

Someone who enters a property with the implied permission of the Occupier

A friend who was asked over to dinner

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24
Q

Trespasser

A

Trespasser is someone who enters a property without permission or a legal right to be there

25
Allurement
Something that is inviting or exciting to children and could result in their harm Swimming pools, bells, ice cream truck
26
Causation
The relationship exist in between the defendants action in the plaintiffs loss
27
Counterclaim
Defendants claim in response of the plaintiffs claim
28
Defamation
Injury to a person’s character or reputation
29
Duty of care
A specific legal obligation to not harm other people or their property
30
Annulment
A court ruling that a relationship was never a marriage
31
Class action
A single legal action brought on behalf of all members of a group with a common interest or grievance
32
Consummate
To validate or complete a marriage by having sexual intercourse with your spouse
33
Contributory negligence
Negligence on the victims part that helps bring out or contributes to his or her own injury
34
Custody
??
35
Default judgment
A decision made in the plaintiffs favor when the defendant does not dispute the claim within a reasonable time
36
Examination for discovery
For discovery a pre-trial process in civil cases in which each side discloses all evidence
37
Garnishment
Instructs am employer to deduct a specific percentage of a debtors wage A court order requiring that money owed by defendant to a plaintive to be paid out of the defendants bank account or wages
38
Nuisance
Unreasonable use of the land that interferes with the rights of others to enjoy the property
39
Vicarious liability
Occurs when a person is held responsible for another tort Lending your car
40
Tort
a wrong or injury other than breach of contract that may be intentional or unintentional
41
Tort law
Outlines the area of law that holds a person or organization responsible for the damage caused by their actions against another person
42
Waiver
A document signed by a plaintive releasing the defendant from liability in the event of an accident or injury
43
Motor vehicle negligence
Speed limits, seatbelt law. Violating those may be considered motor vehicle negligence Burden of proof rests on plaintiff
44
Commercial hosts
Responsible duty to keep an eye on it intoxicated customers
45
Passenger liability
Drivers are responsible or liable for the passenger safety | However passengers me except a ride knowing the driver is intoxicated presumed to voluntarily assume risk
46
Medical malpractice
Negligence and failure to get patients informed consent. Adequate standard of care
47
Informed consent
Agreement to a particular action with full understanding of the risks
48
Professional negligence
If a pharmacist dispenses the wrong medication. These experts have specialized knowledge and skills, they must exercise a certain standard of care
49
Inevitable accident
Act of God Lightning strike
50
Voluntary assumption of risk
The acceptance of factors that may lead to harm or injury
51
Standard of care
The level of care expected of a person in specific circumstances
52
General damages
Pecuniary damages and nonpecuniary damages Not easily calculated. Require a judge
53
Examination of debtor
Plaintive can request an examination of Debtor. Is ordered to appear in court to settle the claim. The debtor is examined under oath about income and assets
54
Seizing assets
Things are taken and notifies defendant there is a set. To settle the judgment and redeem the goods if not the goods are sold at a public auction and money goes to plaintiff
55
Formal requirements of marriage
Issuing marriage license or Banns Performing the marriage ceremony Establishing age requirements Registering the marriage
56
Separation
A partial dissolution of marriage in which the spouses live separate and apart with the intention to end the marriage
57
Small claims court
The court to resolve civil claims of $10 000 or less
58
Statement of defence
The defendants response to the plaintiffs complaint

Law Studies 12 (2 decks)

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