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Torts and Contracts

Module 1 Test

TermDefinition
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
 

 



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