Civil law
who are the people invovled in a civil process
plantiff(applicant) and respondant(defendant)
do administrative boards have precedents
no
what is the automatism defence
unconcious state
sleep walking
blows to head --- both are full defences
_____ is the #1 reason for sueing
neglience
what is used to change, make or refute a law
parliamentary process
what is contributory evidence?
when the plantiff is partially liable for the actions caused by them
what is the purpose of the human rights tribunal
- ensure equal treatement and freedom from discrimination
what type of offence is the mens read REQURIED
(there are 3 options - only 1 most definelty needs mens rea)
true criminal offence - requrires it
strict liablity offence - mens rea can be used to disprove it but actus reas it enough
absolute liability - actus reus is enough
what acts protects the ownership of inventions
Patent Act
Trademarks act
what is a legal presumption
- what is legal presumption language
- presumption in body of legislation
- absent evidence to the contrary
- shall be deemed to
what is the difference between a cause of action and statement of claim
cause of action = legal reason for sueing
statement of claim = starts the civil process
what are the rules of natural justice
- right to know the case agaisnt them
- right to respond
- right to a impartial decision maker
what are the 8 sentencing options.
1. jail time
2. conditional sentence
3. suspended sentence
4. probation
5. fines
6. discharges
7. restitution orders
8. prohibition orders
what are the three elements required for the neglience tort
1. person owed a duty of care
2. the behaviour fell below the standard of a reasonably careful person
3. the harm caused was due to the lack of care
what is a judges role in court
what is a juries role in court
trier of law ( and fact if no jury)
trier of fact
what is mitigating your losess in (contract law)
must try to compensate the damage done to you before you can sue
what is a adhoc desicion maker?
someone/ people who have a grasp of legal principals
- retired jury members, etc
what are the 4 areas of cross examining a witness
1. to challenge their observations
2. challenge/recall their memory
3. show bias
4. challenge truthfulness
what is the 3 part test to defamation
1. a published comment
2. must be heard/read by others
3. must cause damage to the P's reputation
name all steps of the parliamentary process
- 1st reading - senate stage
- 2nd reading - royal assent
- committee stage
- report stage
- thrid reading
what is novious actious intervenious
- if someone else invovles and causes more harm, the orinigal person is not liable for the extra injuries.
why aren't administrative decisions easily appealed.
- minimize complexity
- minimize cost
- streamline the decision making process
what are 7 objectives to sentancing
Denounce - unlawful conduct
Deter - offenders and others
Seperate offenders - from society
Assist offenders - in rehabilitation
Repair - harm done to victim
Promote responsibility - in offender
Rehabilitate - the offender
what are the 3 exceptions to the hearsay objection
1. dying declaration (the person who said it is dead)
2. Admission against interest
3. the statement was allegedly made by the accused
what are the two acts the parole board follows
corrections and conditional release act (whether a inmate will be released early from prision - under two requirements)
criminal records act (if a criminal record suspension should be allwed)