test #3 (definitions) Part 2

Question 1

can what is the definition of the medieval concept of age

Answer 1

in the medieval era, age was not seen as a chronological marker like today, but as a relational and functional category. children were classified based on their role in the family or society rather than a precise number of years, seen as someone not yet ready to fulfill adults roles

Question 2

what is the definition of the medieval concept of sexual consent?

Answer 2

sexual consent in medieval law was shaped by patriarchal control and religious doctrine. it was not an individual’s personal right but negotiated within the household and regulated by customs such as tenurial fines (payments for sexual or marital offenses)

Question 3

what is the definition of modern trial practices?

Answer 3

structured legal procedures like judge-controlled trials, rules of evidence, jury instructions, and formal testimony.

Question 4

what is the definition of the hearsay rule?

Answer 4

being used as evidence in trial unless specific exceptions apply. it was intended to protect defendants from unreliable or secondhand evidence

Question 5

what is the definition of the age of consent?

Answer 5

The age of consent refers to the minimum age at which an individual is legally recognized as capable of consenting to sexual activity

Question 6

what is wigmore on evidence (1904)?

Answer 6

john wigmore argued that children were inherently unreliable witnesses particularly in sex crime cases

Question 7

what is the case of the dells (1606)?

Answer 7

involved a young, speechless child whose abuse was revealed through what was interpreted as divine intervention rather than rational testimony

Question 8

what is r v brasier (1779)

Answer 8

the court held that children can give evidence if they understand the duty to speak the truth, even if they are too young to swear an oath

Question 9

what is r v sankey (1927)?

Answer 9

this case upheld the requirement that children’s testimony in abuse trials must be corroborated by external evidence

Question 10

what is r v kendall (1962)?

Answer 10

kendall was a capstone case in which the scc formally required jury warnings when children testified, citing their supposed limitations in observation, memory, communication and moral understanding

Question 11

what is the rediscovery of children’s evidence?

Answer 11

refers to the legal and psychological shift in the late 20th century where children’s voices, especially in cases of abuse

Question 12

what is the legal duty to report?

Answer 12

is a statutory obligation placed on certain professional to report suspected child abuse, harm, or neglect to child protection agencies

Question 13

what is the deluca scandal?

Answer 13

involved a respected figure who abused multiple boys and whose actions went unreported by professionals who suspected abuse

Question 14

what is the bagley report (1984)?

Answer 14

a canadian government report that revealed child sexual abuse was hidden, pervasive and harmful

Question 15

what is refinding the idea of sexual consent?

Answer 15

this refers to the legal shift in understanding consent, moving from protecting family or marriage structures to protecting individuals from non-consensual relationships

Question 16

what is police complaints comm v dunlop (1995)?

Answer 16

this case involved the failure of officers to report or act on abuse, raising questions about professionals are liable for no fulfilling their duty to report

Question 17

what is r v bannerman (1966)?

Answer 17

this case removed the old requirement that child witness had to swear an oath to be heard in court

Question 18

what is r v w (r) 1992?

Answer 18

credibility of child witnesses; a 12 year old accused of assaulting a 6year old a case that tested how courts evaluate child testimony

Question 19

what is r v khan (1990)?

Answer 19

hearsay evidence from children; a 3 and a half year old told her mother she was sexually assaulted but couldn’t testify in court

Question 20

what is the removal oath-taking barrier (1988)?

Answer 20

making it easier for children to testify: children no longer had to swear an oath in court if they didn’t understand

Question 21

what is presumption of competency (2006)?

Answer 21

children are presumed competent to testify: before 2006, children had to prove they could testify

Question 22

what is the khan rule?

Answer 22

allows hearsay statements from children to be used in court if certain conditions are met
criteria: necessity and reliability

Question 23

what are testimonial aids?

Answer 23

tools to help children testify safely and comfortable: testifying behind screen, support person

Question 24

what is the indian act?

Answer 24

a canadian law that controls almost every aspect of indigenous life-land, status, governance, education and more
used as a tool for assimilation and colonial control

Question 25

what are the 6 areas of IRS institutional failure prior to 1950?

Answer 25

lacked professional teachers building unfit for dormitory use inadequate food reliance on student labour corporal punishment high mortality rates

Question 26

what is citizens plus?

Answer 26

a concept from the 1970 red paper that says indigenous people are not just canadian citizens, but treaty holders with additional legal and cultural rights

Question 27

what is phil fontanie?

Answer 27

first prominent person to publicly share his experience of abuse in residential schools (1990)

Question 28

what is the cycle of violence?

Answer 28

the idea that trauma, especially childhood can pass through generations, victims may struggle emotionally, parent poorly and repeat harm

Question 29

what is willie blackwater?

Answer 29

residential school survivor who publicly spoke out and pursed legal action for the sexual abuse he suffered

Question 30

what is r v plint (1995)?

Answer 30

arthur plint, residential school staff was convicted of sexually abusing many boys with 18 counts

Question 31

what is vicarious liability?

Answer 31

a legal rule that holds an employer or institution responsible for the wrongs committed by their employees, even if they didn't directly do anything wrong

Question 32

what is the salmond test?

Answer 32

a legal test to decide if an employer should be vicariously liable. Based on whether the wrongful act was authorized or so closely connected to the job that it was a mode of doing it

Question 33

what is negligence?

Answer 33

a legal action for negligence will be sustained only if there was a failure to take due care which was the proximate cause for a forseeable injury

Question 34

what are the four conditions to activate active liability for negligence?

Answer 34

duty of care breach of the duty injury resulting in a loss the breach of duty was of a foreseeable injury

Question 35

what is fiduciary duty?

Answer 35

is a relationships where on party is obligated to pursue the best interest of another; that is to go beyond avoiding negligence

Question 36

what is non-delegable statutory duty?

Answer 36

a non-delegable duty is one that cannot be delegated or assigned to a third party

Question 37

what is bazley v curry (1999)?

Answer 37

reshaped how courts decide vicarious liability especially in abuse cases involving vulnerable people

Question 38

what is b (kl) v british columbia (2003)?

Answer 38

no evidence that the government knew or should have known that caregiver posed a risk, importance of reasonable foreseeability

Question 39

what is the thin skull rule?

Answer 39

this is a principle in tort law: you take your victim as you find them, you are still fully responsible if someone has preexisting trauma

Question 40

what is the crumbling skull rule?

Answer 40

if a person already had a condition, and the incident made it worse the defendant is only responsible for the added harm

Question 41

what is the indian residential school settlement agreement

Answer 41

a historic 2006 class action settlement to compensate survivors of residential schools, both financially and symbolically

Question 42

what is the canada ontario welfare services agreement?

Answer 42

a 1965 agreement allowing ontario to extend provincial child welfare services like foster care to indigenous children living on reserves

Question 43

what is indian day school settlement agreement?

Answer 43

a settlement reached for survivors of indian day schools, which operated on reserves but were run by the government

Question 44

what is section 35 canadian constitution?

Answer 44

affirms the existing aboriginal and treaty rights of indigenous peoples in canada

Question 45

what is brown v canada (2017)?

Answer 45

a class-action lawsuit brought survivors of the sixties scoop, arguing that canada failed in its duty to protect their children identity

Question 46

what is mclean v canada (2019)?

Answer 46

a federal court case that led to the creation of the indian day school settlement

Question 47

what is re an act (2024)?

Answer 47

scc decision upheld the constituionality of a 2019 federal law that allows indigenous communities to take full control over their own child welfare systems

Question 48

what is the law of torts?

Answer 48

are actions or omissions which cause harm to persons or property. a tortfeasor is the wrongdoer or negligent actor

Question 49

what does the tort law provide?

Answer 49

financial compensation for people injured by the careless omission or actions of others