Intro/Legal Reasoning
All Canadian judges are appointed. All of them undergo a federal or provincial appointments process. True or False?
True
What are the branches of government that the Constitution of Canada recognizes?
Legislative, executive, judicial
What is the legal status of a corporation?
It is a legal person
What type of tort is the one that is, by far, the one that is most often litigated?
Negligence
What is the effect of a legislative bill receiving Royal Assent?
It officially becomes law (subject to whatever date it is set to come into force, which may be a date in the near or far future).
A motion brought by either side in a civil case, asking the court to adjudicate the other side's case without a full trial.
A motion for summary judgment.
What branch of government has jurisdiction over conditions for the sale and consumption of alcohol?
Provincial
Principle that the buyer alone is responsible for ensuring the fitness of the goods he or she is purchasing?
Caveat emptor
What are the 5 main "hurdles" involved in making a successful claim in negligence?
duty of care; standard of care; causation; remoteness; damages; (and then defences may apply)
What level(s) of government may make laws regarding the operation of businesses?
Federal, provincial (and municipal)
This basic historical rule/approach to statutory interpretation mainly deals with the intention of the legislation at hand.
The mischief rule.
What is the phrase written in s. 91 that grants overriding (residual) legislative authority to the federal government to make laws not already covered by sections 91 and 92?
The "Peace, Order, and Good Governance" (POGG) wording.
What is the name of the duty for a director or partner to act in loyally and in the best interests of the corporation?
Fiduciary duty
What "hurdle" in the negligence analysis is based upon the foundational "neighbour principle"?
The duty of care
The Constitution Act, 1982 overrode/replaced the previous Constitution Act, 1867. (True/False)
False
What area of law deals with state action, and its application to other levels of government, as well as to individuals?
Public law (of which constitutional, criminal, and administrative law are subsets/children)
Before 1982, did the Constitution of Canada contain provisions protecting the civil rights of those in Canada?
No.
What is a shared disadvantage to both partnerships and sole-proprietorships?
(Several) ... Unlimited personal liability for the owner, the business dissolves if the owner/partner dies, and cannot take on new capital sources as easily as corporations. (There are more, though)
Which Ontario act provides for the availability of derivative claims for the dependants of plaintiffs injured by defendants' torts?
The Family Law Act
What are the two major categories of intentional torts?
Interferences with persons or property, and interferences with other interests
An independent body made up of judges from across the country whose job it is to investigate complaints against judges, and to impose sanctions upon judges where appropriate .
The Canadian Judicial Council (CJC).
How many sections are in the Charter?
34
There is a cause of action called "piercing the corporate veil". (True or False?)
False
In negligence cases, what concept is said to be on a continuum, and dependant on the factual circumstances?
reasonableness (the standard of care)
_______ are owners of a corporation; they vote on corporate decisions, and receive dividends and information, but are not involved in the management of the business.
Shareholders