semester 3 > binus luh final > Flashcards

binus luh final Flashcards

test 1 (20%) (96 cards)

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1
Q

what does it mean to be a sophisticated client

A

to know the roles of the client vs the roles of the lawyer, when to represent themselves, how to locate a lawyer, how to report a lawyer. being confident, knowledgeable and up to date.

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2
Q

what is the role of the lawyer

A

to understand the solicitor client relationship, to advise and recommend, to be bound to clients instructions.

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3
Q

what is solicitor client privilege

A

the duty of the lawyer to keep the information provided by the client confidential.

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4
Q

when to hire a lawyer?

A

form of business organization, buying of a business, contracts, selling the business, bank and loan documents.

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5
Q

when to represent yourself

A

civil litigation, non complex small claims, account collections.

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6
Q

how to find a lawyer?

A

internet, provincial law society, meeting with each lawyer

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7
Q

how do lawyers bill their clients?

A
  1. fixed fee
  2. hourly rate
  3. contingency rate
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8
Q

what is legal aid

A

legal aid is available for clients who meet certain financial guidelines involving household income.

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9
Q

how do you complain about you lawyer

A

provincial law societies govern complaints with mediation or formal investigation, fees will never be reimbursed, penalties range from disbarment.

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10
Q

what criteria should you consider when identifying the best firm for my situation

A

practice area focus, location, firm specific expertise, exceptional performance.

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11
Q

name and explain the 4 categories of law (sppp)

A

substantive (behaviour), procedural (how substantive are enforced), public (governmental law) , private (for personal social and business relationships)

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12
Q

what is stare decisis

A

a system of justice where judges are required to follow precedent.

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13
Q

what is bijuralism

A

two legal traditions coexisting in canada, civil law and common law

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14
Q

what is court of equity

A

deals with matters that could not be handled adequately or fairly by the common law.

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15
Q

what do statues do

A

overrule, laws and determine what we must do to carry on business in canada

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16
Q

what is the constitution

A

the rule book we must follow with 1. statutes 2. case laws (jurisdiction to create statutes) 3. conventions (unwritten rules on how the government must operate)

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17
Q

what is the POGG clause

A

peace order and good government- federal government has residual power to make law. dividing laws into legislative, judicial and executive

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18
Q

explain the 3 branches of pogg

A

legislative (creates legislation or statute law)
judicial branch ( interprets legislation and makes case law) executive (implements the law)

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19
Q

what is paramountcy

A

when federal and provincial laws overlap, federal prevails.

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20
Q

what are fundamental freedoms

A

the freedoms for everyone as a result of the charter. freedom of conscience, religion, thought, belief, opinion, expression.

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21
Q

what are democratic rights

A

the right to vote and to qualify to be elected

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22
Q

what are mobility rights

A

the right to earn a livelihood in any part of canada

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23
Q

what are legal rights

A

the right that everyone is entitled to procedural fairness.

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24
Q

what are equality rights

A

prohibition of discrimination in application of law and a general prohibition against discrimination.

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25
what are language rights
french and english have equal status.
26
compare the federal and provincial process of passing bills
provincial bills dont go through the house of commons and goes to the lieutenant-governor rather than the governor general
27
explain the sunset clause
a legal provision that makes certain bills expire after a certain date or if a goal is met
28
list and explain the 3 forms of alternate dispute resolution
arbitration (3rd party specialist), mediation (neutral 3rd party), negotiation (one on one)
29
what are some advantages and disadvantages of ADR
adv- control, cost effective, quick Disadv- no public record, decisions dont follow precedent , fairness not ensured
30
what is a tort
a social or civil wrong that gives rise to the right to sue or seek one of several remedies, acting as a deterrent for wrong doing.
30
list remedies
general, special, punitive
31
explain balance of probabilities
a test based on what can be reasonably expected in a given situation
32
explain vicarious liability
the idea that a person legally liable for property is by extension liable for anything done with that property by another person
33
contrast assault and battery
assault is deliberate threat of harm with no consent while battery is deliberate physical interference with ones body with no consent
34
explain some torts
trespass to land, trespass to chattels (property damage), conversion, detinue (detaining of goods), false imprisonment, malicious prosecution, private nuisance, defamation, injurious falsehood, inducing breach of contract, unlawful interference with economic relations, intimidation, deceit, conspiracy to injure, passing off, misuse of confidential info
35
defence to assault and battery
acting in self defence, using necessary force, outlined and limited consent ie medical treatment.
36
defence to trespass to land
permission is implied for people acting in professional capacity or offering public services
37
defence to false imprisonment
citizens arrest
38
defence to private nuisance
the nuisance must be substantial and unreasonable
39
defence to defamation
truth, fair comment, public interest journalism
40
explain invasion of privacy
physical intrusion, surveillance, misuse of an image or name, or access to info.
41
explain negligence
inadvertent or unintentional careless conduct that causes injury or damage to another person or their property
42
what 4 things do you need for a negligence claim to succeed (ABCD)
A duty of care, Breach of duty, Causation, Damage
43
what is misfeasance and nonfeasance
an act that causes harm to another and a failure to prevent injury
44
explain a duty of care
the idea that we must care for anyone we reasonably foresee being harmed
45
explain breach of duty
once the existence of duty is established the second issue is whether the defendant demonstrated sufficient care
46
explain damages
a loss to a person or property, an injury
47
what is a contract dispute
A conflict that arises when parties disagree about the meaning, performance, or obligations of a contract.
48
what are the remedies for contract dispute
damages, rescission, specific performance
49
what is a creditor
practices of lending money and granting credit.
50
what is the ccaa
the companies creditors arrangement act, a Canadian federal law that allows large, insolvent companies (those owing over $5 million) to restructure their debts and affairs while under court protection. Its primary purpose is to help companies avoid bankruptcy and liquidation, thereby preserving jobs and the value of the business, while also working towards a better return for creditors through a court-supervised plan of arrangement.
51
what is privacy in the workplace
the protection of privacy, the respect of personal info
52
what is the pipeda
Personal Information Protection and Electronic Documents Act
53
when to hire a lawyer
high risk, contracts
54
what is the human rights legislation
the canadian human rights act
55
what is natural justice
the minimum standard of fairness required in legal decision-making
56
what is a timely trail
because of long delays in the court systems all people have the right to a timely trial, 18 months provincial, 30 superior)
57
what is power of attorney
A power of attorney (POA) is a legal document in which one person (the grantor) grants another person (the attorney or agent) the authority to act on their behalf in legal or financial matters.
58
what is an executor in estate planning.
An executor is the person named in a will to manage and distribute a person's estate after their death.
59
explain honest advertising
Honest advertising in law means that claims must be truthful, not misleading, and not deceptive.
60
explain fair contract terms
Fair contract terms are clauses in consumer contracts that are not one-sided, harsh, or unconscionable. These terms must be transparent and reasonable, and an unfair term is not binding on the consumer.
61
elements of a contract
consensus, consideration, capacity, legality, intention
62
what is the superior court in quebec
The Superior Court of Québec is the trial court of original, general jurisdiction in the province, handling serious civil and criminal cases. It hears cases that are not assigned to other courts, including civil claims of $100,000 or more, and all serious criminal cases, often with jury trials.
63
what are the types of misrepresentation
innoncent, negligent, fraudulent
64
explain copyright
Protection for original works
65
what are the rights of the holder of intellectual property
exclusive rights, moral rights
66
what is the legislation of profesional liability
falls under the code civil of quebec
67
explain professional liability
Professionals responsibility to provides services with skill expected in their fields
68
explain extinctive and acquisition prescription
Extinctive and acquisitive prescription are legal concepts concerning rights and time. Extinctive prescription means losing a right because a legal action was not exercised within a specific time frame, like a statute of limitations. Acquisitive prescription is the acquisition of a right, such as ownership of property, through continuous, open, and peaceful possession over a set period.
68
what is the statute of limitations
A statute of limitations is a law that sets a deadline for initiating legal proceedings, meaning a lawsuit must be filed within a specific time frame after an event occurs.
69
what is insolvency
: Insolvency simply means that people are unable to pay their debts as they become due
70
what is the BIA
Bankruptcy and Insolvency Act, The Act is a federal statute designed to provide financial relief to individuals and businesses in Canada who are unable to pay their debts, while also protecting the rights of their creditors.
71
what is bankruptcy
the state of financial distress where you cant meet your financial obligations
72
merchantable quality
fit to be sold
73
explain sellers duty
to provide defect free goods
74
explain types of dissolution
by term, by completion of venture, by illegality, by court order, by notice
74
definition of consumer protection act
Law protecting consumers from misleading, unfair, or abusive business practices
75
explain the case law burrows v starbucks
The case of Burrows v. Starbucks Coffee Canada Inc. involved a Nova Scotia businessman who sued Starbucks for bad-faith negotiations after the company backed out of a potential licensing agreement. Gregory Burrows, who sought to open a Starbucks attached to his Subway restaurant, lost his claim in small claims court in 2019
76
what is small claims court
Small claims courts deal with civil matters that involve relatively small amounts of money
77
explain indemnity
Indemnity insurance is a type of insurance policy that provides financial protection and compensation for an insured party against specified damages, losses, or liabilities incurred in a covered event
78
what is an insurance premium
An insurance premium is the regular payment you make to an insurance company in exchange for coverage. This fee, paid monthly, quarterly, or annually, keeps your policy active and ensures the insurer will compensate you for covered losses or damages.
79
explain the employment contract
An employment contract is a legally binding agreement between an employer and an employee that outlines the terms of their working relationship, including rights, responsibilities, compensation, and conditions of employment
80
explain valid consideration
Valid consideration is a mutual exchange of something of value that is bargained for by both parties to a contract.
81
registration tennancy
Registration tenancy" refers to the process of formally recording a residential lease with a government or official body, which can involve both initial registration and annual renewal
82
outline the civil litigation procedure
Determine Jurisdiction Pre-Trial Pleadings Discovery Trial Judgement
83
what is the reasonable person test
The reasonable person test is an objective legal standard that evaluates a person's conduct based on what a hypothetical, prudent person would have done in the same circumstances. It is used to determine if someone's behavior was proper or negligent, especially in tort law to establish liability for injuries or in criminal law to define offenses like dangerous operation of a vehicle
84
identify the elements for negligence
a duty of care, a breach of duty, causation, damages
85
identify the legal issues surrounding torts committed in the online environment.
increased opportunity for defamation, breach of confidential info, invasion of privacy
86
describe the three categories of the most common types of remedy
general damages-based on precedents, special damages- designed to reimburse the plaintiff and punitive damages-intended to punish the wrongdoer
87
which principal should dictate when an individual is faced with federal legislation and provincial legislation
principal of paramountcy
88
____ is the type of insurance most closely associated with torts
liability insurance
89
explain duress
threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment.
90
3 types of misrepresentation
fraudulent, negligent, innocent
91
if a third part incurs a secondary liability for a debt he has given an
guarantee
92
_____ describes a relationship in which a third party assumes a primary obligation for the repayment of the debt along with the debtor
indemnity
93
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