Criminal
This right for detained or arrested persons requires a positive manifestation or assertion to take advantage of it
What is the right to counsel
This British judge is a favourite of many contracts professors
Who is Lord Denning
Under this principle under international law a European nation could ‘legally’ come to control a land if they ‘discovered it’, irrespective of the Indigenous populations on the land. .
What is the Doctrine of Discovery
This botanical metaphor is key to interpreting Canadian Constitutional Law
what is the living tree
The vindictive owner of this hotel set the precedent regarding sunlight with his questionable actions
What is the Fountainbleau Hotel
If a search incident to arrest takes place in a house, where are the police allowed to search and what are they allowed to search for or those respective places. Provide case citation.
R v Stairs: allowed to search for evidence and safety threats in the immediate area considered under control of the accused, and if they have reasonable grounds to suspect a safety threat, they can search rooms sufficiently proximate.
This aspect of contracts is often represented with peppercorns
What is Consideration
What are the steps for determining Aboriginal title as set out in Delgamuukw?
Occupied prior to establishment of crown sovereignty; Continuous use; exclusive use
If a Province seeks to pass economic legislation under 92(13), what must it do and refrain from doing to be valid?
What is keeping its main thrust has to be towards regulating something WITHIN the province. If it does this, it is fine if it affects inter-provincial trade as long as its main goal is to regulate within the province (Carnation). It must not pass legislation with the main goal of targeting inter-provincial trade (Manitoba Egg Reference)
In battery, these two elements must be present for fraud-vitiated consent
what is dishonesty and serious bodily harm
This mens rea standard is considered equal to knowledge, according to R v Briscoe.
What is wilful blindness?
This thing is determined by the intention to be bound to contract on certain terms, that is objectively determined by an observer who is examining the actions and words of the parties. Must include statement of key terms.
What is an offer
This type of feudal relationship was also known as shield-money
what is scutage
This substance defined the limits of the Federal Government's criminal power
What is Margerine
The following are the elements of this kind of legal defense:
1. The matter must be in the public interest;
2. The comment must be based on fact.
3. It must be recognizable as a comment;
4. It must pass the honest belief test; and
5. The comment must not be motivated by malice
What is the defense of "fair comment"
Circumstances of the encounter, Nature of police conduct, and Characteristics of the Accused. are the factors for determining this kind of detention
What is Psychological detention without legal compulsion
This hockey player changed the rules for minors repudiating/voiding contracts
Who is John Tonelli
Name this rule: "No interest is good unless it must vest, if at all, no later than 21 years after some life in being at the creation of the interest."
What is the Rule Against Perpetuities
This doctrine applies when a law impairs a core competence of an undertaking in the other government's jurisdiction
What is Interjurisdictional Immunity (IJI)
These are the 5 parts to the emergency medical care exception to battery
What is
This principal was argued to be a principal of fundamental justice in R v Malmo-Levine
What is the principal of fundamental justice
Carbolic was decided in favour of the plaintiff when the judge determined that the company's advertisement was actually this type of legal document
What is a unilateral contract
This well-known case is the origin of the concept of "pre-possessory interest"
What is Popov v Hayashi
In this case the SCC discussed "Project Viking"
What is RJR MacDonald v Canada (Attorney General)
The gravity of the harm in nuisance cases encompasses these five things
What is:
Severity
Character of neighbourhood/local standard of comfort
Sensitivity of the plaintiff
Frequency and duration
Nature of the Defendant’s conduct