Intro/Legal Reasoning
The foundational common law principle that dictates, among other things, that a decision in an earlier court case binds future courts in the same jurisdiction.
Stare decisis (precedent).
The Constitution is the _______ of Canada?
Supreme Law
What is the legal status of a corporation?
It is a legal person
What is a tort?
A civil wrong.
What is the name of a business entity owned and run by one individual, in which there is no legal distinction between the owner and her business?
Sole proprietorship
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 are the branches of government that the Constitution of Canada recognizes?
Legislative, executive, judicial
Principle that the buyer alone is responsible for ensuring the fitness of the goods he or she is purchasing?
Caveat emptor
What type of tort is the one that is, by far, the one that is most often litigated?
Negligence
Generally, what are the two different types of shares one can own in a corporation?
Common and preferred
This basic historical rule/approach to statutory interpretation mainly deals with the intention of the legislation at hand.
The mischief rule.
The role of the Courts is to ______ and _____ the Constitution.
Interpret and uphold
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 are three general types of damages common to tort law?
Compensatory, punitive, nominal
The Constitution Act, 1982 overrode/replaced the previous Constitution Act, 1967. (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 one main disadvantage of the sole proprietorship?
(Several) ... Unlimited personal liability for the owner, the business dissolves if the owner dies, and cannot take on new capital sources easily, etc.
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 3 types of partnerships in Canada?
The general partnership, the limited partnership, and the limited liability partnership
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).
What does it mean for a law to be declared ultra vires on federalism grounds?
It was not within the jurisdiction of that legislature to enact the law, and it is therefore unconstitutional.
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)
How many sections are in the Charter?
34.