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41 Cards in this Set
- Front
- Back
What legal term is derived from the Latin word meaning “crooked”?
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tort
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What did the Supreme Court of Canada establish as the measure of whether a party’s actions causing harm or injury to another are tortious in nature?
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the degree to which the conduct of the offending party is deserving of blame
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Neither Jeremy nor Jayson could afford the $60 ticket price for the RTG concert, but they were determined to go nonetheless. They were humiliated when they were apprehended shortly after sneaking in through a side entrance, charged, and sternly escorted from the building. What is the most likely infraction arising from these circumstances?
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trespass to land
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What elements must be present in order for a court to be satisfied that a party may be found to have committed the tort of deceit?
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relying on another’s intentional fraud
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Rodolfo was permanently injured in a vehicle collision. He retained Pilgren six months prior to the limitation date to commence a law suit on his behalf. Pilgren incorrectly noted the limitation date. As a result, he failed to file the claim within the prescribed time. What is the tort that arises in these circumstances?
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professional negligence
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Which of the following is the phrase “unreasonable conduct” synonymous with when considered in its legal context?
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Negligence
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How must you have been shown to act if a court considers you to be a negligent tort-feasor?
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as being responsible for causing another’s loss
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How does the law of torts respond when an individual believes she has been harmed as a result of another’s alleged questionable acts?
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It provides an evolving set of rules for determining entitlement to a damage award.
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Which of the following would be characteristic of an offence of aggravated assault under s. 268(1) of the Criminal Code of Canada?
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wilful disfiguration or endangerment of another person
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What does the law consider to be a qualifying act with respect to the commission of a tort of assault?
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the intentional threat of imminent physical harm
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What does the law consider to be a qualifying act with respect to the commission of a tort of battery?
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an uninvited intentional physical violation of another’s bodily security
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What form of tort is a premeditated harmful act?
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intentional
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Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent act?
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The loss was reasonably unforeseeable or reasonably unpreventable
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Which of the following is a distinguishing feature of a tortious event giving rise to legal consequences?
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Legal consequences can arise under criminal and tort law from the same event.
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What is considered to be the critical intent behind the prosecution of criminal acts that contravene the laws prescribed in the Criminal Code of Canada?
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to determine and enforce the adequate punishment of wrongdoers
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How do Crown prosecutors serve as the gatekeepers of the criminal courts?
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They typically determine which criminal offences to prosecute.
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What are the legal terms given to a criminal and the criminal’s victim?
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accused, complainant
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Which of the following is most likely attributable to a private prosecution?
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a rare form of criminal prosecution initiated by a private individual
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Which of the following is a distinguishing feature of a criminal hearing with respect to the burden of proof?
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A finding of guilt must be capable of being logically deduced from the evidence.
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Where the same incident has led to both criminal charges and the commencement of a lawsuit, what will most likely be the result?
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Criminal conviction is relevant to establishing a related civil action in tort.
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What must a finding of guilt or innocence beyond a reasonable doubt be based on?
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reason and common sense
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What is the meaning of the legal term “structured settlement”?
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a settlement in the form of tax-free apportioned annuity payments
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What must be established to give rise to a cause for a civil action based on primary liability?
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an individual’s own misdeed
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Which of the following would immediately justify a court finding an employer vicariously liable?
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authorized actions outside the ordinary scope of employment
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What is the legal significance of the relationship between the conduct authorized by an employer and the wrong committed by the employee?
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It is the significant connection justifying an employer’s vicarious liability.
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Why would a court hearing a civil action apportion liability?
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The circumstances involve multiple tort-feasors. |
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Which of the following circumstances is synonymous with the legal term “joint tort-feasor”?
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All blameworthy parties to the tort share joint liability. |
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What would a court most likely rely on when awarding damages to compensate an innocent party for their loss in a case involving joint tort-feasors?
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each tort-feasor’s level of responsibility |
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Marion ran a red light, colliding with Amand’s vehicle. Amand had consumed four beers before getting behind the wheel. He suffered two broken legs in the accident and missed work for 14 months. Marion filed a defence seeking to reduce the amount of any damage award made against her. What would the court need evidence of in order to accept Marion’s defence?
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contributory negligence
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How would a court determine the amount by which to reduce a plaintiff’s award where that party has also acted negligently?
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by determining the degree to which a plaintiff is responsible for their own loss
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Which of the following is a distinguishing characteristic of workers’ compensation legislation?
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no-fault compensation for injured employees
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In addition to monetary compensation for mental pain and economic suffering awarded for harms arising from another’s tortious act, which of the following would also qualify for monetary compensation under tort law?
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physical injury
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What are the categories of pecuniary damages that may be awarded in accordance with tort law?
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compensation for out-of-pocket expenses, loss of future income, and cost of future care
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Which of the following is a distinguishing characteristic of non-pecuniary damages?
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A serious, permanent injury will attract a higher general damage award.
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What type of evidence will a court require in order to determine the monetary amount of a damage award for a plaintiff’s cost of future care?
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testimony from medical, occupational, and rehabilitation experts
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Which of the following is a common characteristic associated with an award of special damages?
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They relate to out-of-pocket expenses resulting from an injury-causing event.
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Which of the following is synonymous with the legal term “exemplary damages”?
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punitive damages
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Under what circumstances will a court hearing a civil action most likely determine it is necessary to punish a tort-feasor’s offensive behaviour?
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where the defendant might otherwise profit from the objectionable behaviour
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What would a lawyer representing an individual wrongfully imprisoned as a result of a fraudulent act on the part of a Crown prosecutor most likely seek as compensation for her client’s intangible injuries?
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aggravated damages for the defendant’s reprehensible actions
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Why would a hotel guest who has been injured by a tortious act of the hotel’s employee be entitled to claim liability in tort and in contract?
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Providing a reasonably safe environment is an implied term of the contract.
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Which of the following would immediately let you know that a business has been ignoring the need to manage tort risk?
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loss of insurance coverage
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