235 Final Exam Flashcards

Question

Types of Family Violence

Answer 1

1.) Physical, emotional, sexual, and attempted abuse 2.) Intimidation/harassment 3.) Property damage 4.) Child witnessing violence

Answer 2

When a party claims they have been wronged

Answer 3

To restore damage done without punishment (not all damage can be fixed with money; courts will decide what is appropriate)

Answer 4

1.) Statement of claim where you describe how you were wronged 2.) Statement of defence is filed by the defence, where they defend their actions 3.) If not resolved between the 2 parties, the matter goes to court

Answer 5

If prosecution wins: It's almost always money If defence wins: Possibly they get court costs back (mostly lose time and money)

Answer 6

1.) Duty 2.) Breach 3.) Causation 4.) Damages

Answer 7

Were you owed a duty of care? Must show there was a duty to ensure you are not injured (the neighbour principle)

Answer 8

One must take responsible care to avoid acts which could foreseeably harm your neighbour (neighbour = anyone who is closely or directly affected by your act)

Answer 9

Once it is established that someone had a duty to you, did they breach that duty?

Answer 10

Once it is established that someone breached their duty to you, did the breach cause harm?

Answer 11

Once it is established that the breach caused harm, were the damages foreseeable?

Answer 12

1.) Intentional tort (rare) 2.) Negligent tort (common)

Answer 13

An intentional act that causes damage

Answer 14

Not conforming to a reasonable standard of care, which caused damage

Answer 15

Safe practices (e.g. not taking shortcuts, not being careless, and not being distracted)

Answer 16

Contributory negligence: someone else is also negligent (another party is partially responsible)

Answer 17

One is responsible for another person's actions (e.g. employees, supervised people)

Answer 18

Actions that the state deems harmful to society as a whole

Answer 19

The state lays charges on the offender, and the victim does not have the agency to drop the charges

Answer 20

1.) Police become aware of the crime, and they investigate (give the file to the crown if the investigation shows there is a crime) 2.) Crown reviews police files and decides to lay charges 3.) If a charge is laid, the defendant has a right to a trial (crown's job to run the trial)

Answer 21

1.) Crime goes through the CJS and turns into a charge 2.) The right to silence: from arrest to conviction 3.) Disclosure: crown presents full file to the defence 4.) BARD: beyond a reasonable doubt

Answer 22

1.) If you believe the accused, you must acquit 2.) If you don't believe them, but are left is reasonable doubt, you must acquit

Answer 23

1.) Mens rea (guilty mind) 2.) Actus rea (guilty act) Both must occur for the accused to be found guilty

Answer 24

Is the behaviour of the accused out of the ordinary for the standard of care of the average person

Answer 25

If you played a part in a joint criminal enterprise, all are found liable (mens rea is found)

Answer 26

1.) Substantial likelihood of conviction 2.) The public's interest in the matter 3.) Continued assessment throughout the case (e.g. if key witness is lost)

Answer 27

Not defending your actions, but rather disproving mens rea (e.g., mental state at the time of the offence or mistake of fact)

Answer 28

1.) Honest, but mistaken belief in consent 2.) Mistake of age

Answer 29

What the person actually wants only occurs through verbal communication

Answer 30

Child, Family and Community Service Act: allows for a child to be removed from guardianship if the child is in danger

Answer 31

In a relationship for 2+ people who are not married to each other

Answer 32

In a marriage with 2+ people (illegal)

Answer 33

One man in Bountiful, BC, had 26 wives in 2011

Answer 34

Having a woman carry a child to term for you and your partner. Cannot pay a person to be a surrogate; it has to be voluntary

Answer 35

A legally binding agreement among 2+ parties

Answer 36

Create predictability, expectations, obligations, and ensure compliance

Answer 37

Most contract laws are provincially regulated

Answer 38

1.) Offer 2.) Accept 3.) Consideration (something of value is exchanged) 4.) Intention (agreement is intended to be legally binding) 5.) Capacity (understand that they are entering a legal agreement) 6.) Legality (whether the contract goes against the law)

Answer 39

1.) Bilateral 2.) Unilateral 3.) Express 4.) Implied 5.) Online

Answer 40

Both parties make promises to each other

Answer 41

One party promises something in exchange for performance

Answer 42

The terms in the contract are explicitly stated

Answer 43

The contract is derived from circumstances or conduct

Answer 44

Digital consent

Answer 45

Warranty and condition

Answer 46

A less significant term of the contract. A breach of warranty doesn't affect the purpose of the contract (cannot terminate)

Answer 47

An essential term of the contract, where a breach could allow for contract termination

Answer 48

Issues that prevent consent to a contract: 1.) Mistake 2.) Misrepresentation 3.) Duress 4.) Unconscioability

Answer 49

1.) Minor 2.) Material 3.) Anticipatory

Answer 50

Does not significantly affect the contract

Answer 51

Deprive the injured party of benefits

Answer 52

The breach is communicated before performance is due

Answer 53

1.) Damages (compensation) 2.) Specific performance (court orders completion) 3.) Rescission (cancelling the contract) 4.) Quantum merit (reasonable payment for the work accomplished)

Answer 54

Laws that cover the actions of a person or tribunal which receives authority through legislation

Answer 55

The government giving certain powers to smaller agencies (goal is to delegate day-to-day decisions away from the government)

Answer 56

Agencies that were given authority to address issues in their own expertise

Answer 57

1.) Purely admin (no discretionary authority) 2.) Judicial (makes decisions based on regulations and public policy) 3.) Municipal council (develops and implements its own laws)

Answer 58

1.) Hearing the other side (having a hearing and an opportunity to be heard) 2.) No person should speak the law for their own ends (there should be no bias on the decision maker's part)

Answer 59

Procedure and substantive fairness

Answer 60

The right to be heard, present evidence, have a fair trial, and to reason (whoever hears must decide)

Answer 61

Any decisions are made on only the evidence and on relevant, material information

Answer 62

Courts retain a level of control over administrative law, whereas the authority to review decisions made by tribunals derives from legislation or common law.

Answer 63

Decisions are based on a standard of fairness (done through natural justice and the duty of fairness)

Answer 64

1.) Order the tribunal to do certain things 2.) Inhibit tribunals from exercising unlawful authority 3.) Quash a tribunal decision

Answer 65

Was the decision within the agency's authority? Were the principles of natural justice respected? Was there a logical flow from evidence to conclusion? Is the decision reasonable, given all of the facts?

Answer 66

A step-by-step test to determine whether certain laws impede on people's charter rights, and if the law is valid or not

Answer 67

Does it violate a Charter right or freedom? Y/N

Answer 68

Is it of sufficient importance? Y/N

Answer 69

Are the means for it reasonable and demonstrably justifiable? (3 parts) 1.) Are the means rationally connected to the objective (does this law actually achieve what it claims to achieve?) Y/N 2.) Do the means impair as little as possible the right or freedom in question (could the government have achieved its objective while infringing the right less?) Y/N 3.) Is there proportionality between the deleterious and salutary effects of the measure (is the harm to the Charter right worth the benefit to society?) Y/N

Answer 70

1.) Rational connection 2.) Minimal impairment 3.) Proportionality of effects

Answer 71

Defence claims violate a charter right. If yes: Crown responds by asking, Is the law of sufficient importance? Then are the means reasonable and demonstrably justifiable? If no: The law is valid

235 Final Exam Flashcards

(95 cards)