Help
Options
Didn't know it?
click below
click below
Knew it?
click below
click below
Don't Know
Remaining cards (0)
Know
retry
shuffle
restart
0:00
Embed Code - If you would like this activity on your web page, copy the script below and paste it into your web page.
Normal Size Small Size show me how
Normal Size Small Size show me how
Torts and Contracts
Module 1 Test
| Term | Definition |
|---|---|
| Contract | an agreement between two or more parties that courts are willing to enforce |
| Tort | a wrong between two or more parties that courts are willing to remedy |
| Common Law | a type of law developed in England, based on previous judicial decisions and common to all the people in the country |
| Statute Law | laws passed by legislatures |
| Civil Law | individuals' responsibility for pursuing remedies for harms between them |
| Crime | an act or omission that is an offence under criminal law |
| Tortious | an act that is a tort, a civil wrongdoing |
| Plaintiff | in civil law, the party bringing the suit |
| Defendant | in civil law, the party being sued; in criminal law, the party charged with the offence |
| Crown | the provincial/ federal government |
| Stare decisis | "to stand by the decision" judges' practice of looking to precedent for guidance in deciding later cases |
| Freedom of Contract | the freedom of parties to decide contract terms of their choosing |
| Can common law case decisions affect the interpretation of statute law? | no |
| Is a statutory provision less flexible than a common law rule when adapting to novel fact scenarios? | yes |
| The penalty for a criminal offence is damages designed to compensate the victim. True or false? | False |
| The standard of proof in a criminal case is lower than the standard of proof in a civil case. True or false? | False |
| In a criminal case who are the parties? | Defendant and Crown |
| What is the Latin term that describes the rule that new cases should be decided consistently with decided cases? | Stare decisis |
| What is statute law also known as? | Legislation |
| In order for a plaintiff to succeed in a civil trial, their case must be proved on a balance of what? | Probabilities |
| Is it a tort to see someone in danger and not help? | No, it is wrong morally but not legally as there is no duty of care. |
| Name three torts. | Negligence, nuisance, battery |
| Name the difference between statute law and common law | statute law is laws developed by different levels of government, common law is laws developed in courts |
| What are the 3 levels of government and give an example of what they cover | Federal government (criminal code) Provincial government (highway traffic act) Municipal government (by-laws) |
| Why do we need both types of law? | We need both types because if there is a word or a phrase in a statue that can be interpreted in many different ways, we need a way to determine how to interpret and apply. This is where common law is required because a judge will interpret and make a dec |
Created by:
Kelseym98
Popular Criminal Justice sets