Legal System/Con Law
What are the two basic sources of common law?
Statutes and Common Law
What do you call someone who has committed a tort?
A Tortfeasor
What do you call a couple that is not married but have been together for more than 3 conjugal years?
A common-law marriage
What statutory phenomenon that imparts the rights, powers, and obligations of a "legal person" onto an organization?
What is the limitation period for indictable offences?
There is none.
What year was the Constitution Act passed?
1982
This phrase is used to summarize how causation is determined in tort
"but for..."
What is the name of the property that is being occupied by both spouses at the time of separation?
The matrimonial home
A director's duty to act honestly and with good faith towards the company's best interest is called?
Their Fiduciary Duty
If you are compelled to commit a crime by another what defence can you make out?
Duress
What are the three main branches of government?
The legislative branch, the executive branch, and the judicial branch
What are the 5 elements that need to be addressed in a case of negligence?
1) Duty of Care
2) Standard of Care
3) Causation
4) Remoteness
5) Damages
An ______ is the court stating that the marriage was invalid.
annulment
What do we call a situation in which the court puts aside the usual limited liability held by members of a corporation, and holds the directors/shareholders personally responsible for actions or debts
Piercing the Corporate Veil
A possession offence requires knowledge of the thing possessed. This means the Crown needs to prove an accused's _______?
Subjective mens rea
What are the three principles of fundamental justice?
Arbitrariness, overbreadth, and gross disproportionality
As long as you do not fall under an exclusion, this form of insurance will cover personal liability you incur anywhere in the world
Homeowners insurance
If the court finds there was a ______ during a common-law relationship, then an order to divide assets equally may be made.
Joint Family Venture
Awarded in some contract breaches. A coercive remedy that forces the wrong-doing party to do as they promised in the contract.
Specific Performance
Name the three types of criminal offences
Summary, Indictable, Hybrid
What is Aboriginal title?
Aboriginal title gives Aboriginals a collective right to the exclusive use of the land
What needs to be proven in an intentional tort case?
That the wrongdoer intended the harm (ex. battery).
What can couples enter into to avoid parts of the Family Law Act?
A domestic agreement
What remedy winds a contract back to zero?
Rescission
What is it called when the Crown and the defence make a deal in a criminal case?
A plea bargain