LAW 201 Final Exam

battery

The intentional tort of battery requires the actual occurrence of harmful or offensive physical contact. Many trespass-to-person claims have both an assault and a battery component

inns of court

The itinerant royal judges, on returning to London from their country assizes would meet and dine with their fellow judges at the inns of court

Utilitarianism

is a theory originated with bentham and it measures the utility or worth of actions in terms of the overall happiness they generate

Social construct theory

is a theory that attempts to explain why there is order in society; it tells us that law-abiding individuals within a society have the authority of the government in exchange for the protection of their rights. This unspoken agreement is referred to as a "contract"

a tort

is a type of civil wrong for which the person wronged can obtain damages or some other remedy (the english word tort derives from the Latin torum, meaning "something twisted" or "something crooked").

section 265(1)(a) of the criminal code

• states that a person commits as assult when "without the consent of another person, he applies force intentionally to that other person, directly or indirectly"

offenders may be released once

• their entire sentence has been served, or by parole granted prior to completion of the sentence by either the Parole board of Canada or by various provincial/territorial parole boards established by some privinces/territories for inmates serving time in provincial/territorial correctional systensm the third correctional system in Canada is the youth criminal justice system for young persons

Section 52(3) states that

"amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada

appellant vs respondant

On an appeal, the individual corporation, or other entity who lost at trial and who initiates an appeal to a higher court is called the appellant. The other party is called the respondent

Domestic violence courts

There are specialized domestic violence courts in most parts of Ontario. These courts are meant to make the criminal justice system more sensitive to domestic violence matters

Three categories of offences:

Summary conviction offences Indictable offences. And Hybrid offences

Charges and encumbrances

are any claim on a parcel of real property—for example, mortgages or rights of way

Summary conviction offences

are at least serious offences in the criminal code and are dealt

The Constitution Act, 1867

sets out the power over courts and judicial appointments.

national defence act

sets out the process for appointing judges to the federal courts martial, which are the only federal inferior courts

The Canadian Intellectual Property Office (CIPO)

is the central registry for Canadian intellectual property

joint custody

means that both parents must agree on major decisions that affect their child.

"good behaviour" tenure

means that judges can only be removed from office if their behaviour falls below a certain standard, into what could be termed "bad behaviour." There is no generally accepted common law or statuatory definition of bad behaviour or misconduct.

Puffendorf defines occupancy of beasts feræ naturæ, to be

the actual corporeal possession of them, and Bynkershoeck is cited as coinciding in this definition.

The appreciated the learned nature of the royal judges and other features of the courts, including the following:

Their power to summon witnesses Their use of juries rather than older modes of trial, such as ordeal or combat Their use of written records Their power to enforce their judgements

Appointment process

There are many judicial appointments, and the federal Cabinet cannot be closely involved with all of them To deal with the volvume, a speial federal office called the Office of the Commissioner for Federal Judicial Affairs Canada (FJA) was created under the judges act Potential judges now have to apply for the position and go through background checks by the advisory committee. The advisory committee puts forward a list of names, which is then reviewed by the federal minister of justice and the FJA. The FJA process is now used for all federally appointed superior court judges

Youth Criminal Justice Act ages

12-18

section 9

9 covers deception in the labelling, packaging, treating, processing, advertising, and selling of drugs, and section 11 applies to their manufacture and storage under unsanitary conditions

"matrimonial home

A "matrimonial home" is a home where a married couple had been living together just before they separated. There can be more than one matrimonial home, for example, a cottage could be included

deeds

are formal documents showing evidence of ownership. Involve certain risk

territorial superior courts

the territorial superior courts are very similar, in terms of their function, to the provincial superior courts, and they likewise have federally appointed judges

the Canada Evidence Act

covers witnesses and evidence law. Section 2 in part 1, applies to "all criminals proceeding to all civil proceedings and other matters whatever respecting which Parliament has jurisdiction"

If convicted of a summary conviction offence, a person is liable, under section 787(1) of the Code to

"a fine of not more than five thousand dollars or to a term of imprisionment not exceeding six months or to both."

positive law

"commands" man-made rules

Injustice becomes

"inequalities that are not for the benefit of all"

nonfeasance

not doing something you have an obligation to do

sale of goods act

It was the first attempt to codify laws about buying and selling goods, and to add some basic safeguards respecting the rights of buyers and sellers Quebec's Civil Code likewise includes protections for transactions These acts modernize sale of goods law for the benefit of purchasers

Judges add to legislated rules by

interpreting statutes They establish the basic meanings of statutory provisions; they determine the jurisdictional validity of statues; and they decide whether a particular statute offends the Charter

the federal courts and the federal court of Appeal have jurisdiction throughout Canada

The authority of these courts overlaps with that of the provincial superior courts, and this has given rise to a number of jurisdictional disputes

qualifications

The basic qualification for judicial appointment to a provincial inferior court is five years' practice as a lawyer in good standing with the provincial bar, or other legal or judicial experience considered satisfactory to the council

inherent jurisdiction

The superior courts also have an inherent jurisdiction, as modified by legislation, to review the decisions of the inferior courts and administrative tribunals, as well as the right to hear appeals from these courts and tribunals if permitted by the superior courts' constituting statutes.

Leave to appeal

This occurs when a court grants a party leave to appeal his case to the SCC. It is the most common way for non-criminal cases to come before the SCC In some cases, a provincial Court of Appeal or the Federal Court of Appeal can grant such leave

disposition

after the reasons for judgement, and at the end of the case, the formal order of the court is given. It could be, for example, "motion dismissed" or "judgement for the plaintiff" or "appeal dismissed"

precendents

Two centuries later, the invention of the printing pres made it even easier for English judges to critically examine one another's judgements. From there, it was a short distance to the practice of following precendents. In other words, a judge would apply an earlier judicial decision to the case before him and if the facts and the law were similar

marxist theory of law

address the distribution of wealth and class structure within a society

division of family assets

the legislation defines what constitutes family property, and the definitions vary depending on the province or territory inheritance and sometimes included and sometimes excluded, depending on the circumstances in general, this legislation creates a presumption that family assets should be split 50/50 between parties

Jurisprudence

the science or philosophy of law—and the theories that compose it are our concern in this section

scienter action

the second condition—the owner's knowledge of the animal's dangerous nature—is the most contentious point in actions involving domestic animals (usually dogs). The legal word for this knowledge is scienter, and a plaintiff's action for damage caused by a domestic animal is often called a scienter action

Most provinces have one provincial inferior court with multiple divisions. The following divisions are typical:

-Criminal -Youth (young offender matters), -Traffic -Family, and -Small claims (civil claims usually up to $25,000)

presumption of innocence

A key principle of our criminal justice system that has existed for centuries

Real property

is based on concepts of ownership that evolved in Norman England1,000 years ago Exception Quebec, where property law is based from France and continental Europe

"reviewable conduct"

is mentioned in section 74.01 (1) of the Act and occurs when a person who is promoting the supply or use of a product makes a false or misleading representation to the public not based on an adequate and proper test or makes a misleading guarantee or warranty about it

lack of capacity

it is important to note that lack of capacity is sometimes raised as a defense in the case of intentional torts, usually on behalf of infants (that is, people under the age of majority) or of mentally incompetent adults

supreme court of Canada

(SCC) is also a federal superior court

shareholder

indirect control of business at best no personal liability

mens rea

a mental element "guilty mind"

Early theories of natural law

• One of the starting points of Plationic thought is that there are eternal, immutable ideas of good—what he called the world of Forms

Precedent and stare decisis in a court hierarchy

• The higher court's decision must be followed by a lower court in the same judicial hierarchy If the facts and the ratio decidendi ("reason for the decision") or principle of law in both cases are substantially similar

Corporate Decision—Officers and Employees

• Usually, the boards of directors of large corporations (and often in smaller corporations as well) will appoint officers to run and oversee the day-to-day business activities of the corporations. Officers are said to hold "offices" within the corporation and are titled employees, like the Chief Executive Officer, Chief Financial Officer, Vice-President, or Corporate Secretary. Officers usually look after the operation of the corporation's business operations, typically through the hierarchical structure many of you may be familiar with from having worked in business (or having taken courses like Organizational Behaviour). That means officers are responsible for making decisions about sales strategies, marketing, employee hiring, property acquisitions and legal compliance. Employees, like directors and officers, are agents of the corporation, and therefore can cause civil and criminal liability for the corporation. An employee's negligent act can give rise to a negligence lawsuit being raised against the corporation (through the concept of vicarious liability)

two perspectives of morality:

descriptive and normative

General norms or standards of behaviours

rules prohibit certain activities such a murder or careless driving

The Star Chamber

was a special court set up alongside the well-established common law and equity courts. Its jurisdiction was to hear cases considered too important to be handled by the ordinary courts

interest

when we use the term interest in the context of real estate law, we mean any right, claim or privilege that an individual has with respect to real or personal property

substantive law

whether the laws deal with core rights and obligations

support for parents

with respect to law In Canada, the criminal code imposes an obligation on adult children to care for their elderly parents if the parents are under their charge in some provinces and territories, family law legislation imposes civil obligation on adult children to support their peers

procedural law

with the processes for determining and enforcing those rights and obligations

Feminist theories of law

womens rights

Court

is a state-sanctioned forum where disputes between opposing litigants are formally adjudicated

code of Hammurabi

punishment for striking your father is not to be struck yourself, but to lose your hand

kings peace

English king had the right and duty to preserve public order and to punish anyone who disturbed the well-being of English subjects

maxim

"equity follows the law" governs the relationship between these two sets of rules

According to this provision's introductory words, Parliament's authority

"extends to all Matters coming within the Classes of Subjects" to help determine whether a statute should be authorized, the courts try to determine what the "matter" of the law is. The courts are looking for the statute's essence here determining the statute's "pith and substance" requires looking at its dominant purpose and effect. If the courts find that the "dominant purpose and effect" address an appropriate area the statute will pass the division of powers test and will be accepted as constitutional

section 2 of the charter guarentees

"freedom of opinion and expression" such discrimination and propaganda laws generally survive constitutional challenge because our society recognizes that they impose "reasonable limits" on "freedom of opinions and expression"

Earl Warren

"in civilized life, law floats in a sea of ethics" i.e. a civilized society contains many ethical rules and standards

ownership can be

"legal" or "equitable."

spousal and child support

"maintenance" and "alimony" are synonyms for payments one spouse makes to another ocne marriage breakdown has occurred, whether or not there has been a divorce the parties can agree by themselves or go to court

ratio decidendi

"reason for the decision"

section 52 "supremacy clause"

"supremacy clause"; it states that the Constitution of Canada is our supreme law, overriding any laws that contradict it. Important provision because it clearly defines The Constitution of Canada, entrenches all laws that are part of the Constitution of Canada, and establishes that a special process is required to change them

Jacob Ziegel observed:

"the notion of the consumer bargaining from a position of equal strength has become a fiction in any but the most attenuated sense"

Typically, the new statutory duty requires occupiers

"to take such care as in all the circumstances of the case is reasonable to ensure that each person entering the premises and his belongings are reasonably safe while on the premises"

The SCC has the final role in upholding and supporting the Charter. Two main facets of this role involve:

(1) interpreting the Charter, and (2) determining the public interest of its decisions

Cases come before the SCC in one of three ways:

(1) leave to appeal, (2) appeal as of right, or (3) on a reference

Two main systems emerged, both used in Canada today

(1) the deed registration system, and (2) the Torrens system.

Napoleonic code designed to be an authoritative and universal statement of civil law covering private law areas. It also combined the following:

(1) the laws and customs based on Roman influences that had remained the basis of law in southern France; and (2) diverse Germanic-based laws and customs of northern France's coutumes

The English Bill of Rights

(1689) formally declared that the "pretended" power of the crown to legislate without the consent of Parliament was illegal

Section 52(2) of the Constitution Act, 1982 states that the Constitution of Canada includes

(a) The Canada Act 1982, including this Act; (b) The Acts and orders referred to in the schedule; and (c) Any amendment to any Act or order referred to in paragraph (a) or (b)

There are a number of conditions that may be ordered as conditions on your partner's release. The following are some examples. He might be ordered:

-not to contact you, -not to contact you through another person -not to contact you, except through another person agreeable to both of you, to arrange for access to your children, -not to contact the children, except as set out in a family court order, or at the discretion of the children's aid society you are dealing with, -not to go onto or into certain property, including your home and your workplace, and to stay a certain distance away from these locations, -to live with his surety, -not to use alcohol or drugs, -to report to the police station regularly, -to continue any counselling program he is already attending, -not to possess any weapons, and -to follow a curfew.

Preamble to the Canadian Charter of Rights and Freedoms

...reads as follows: "whereas Canada is founded upon principles that recognize the supremacy of god and the rule of law" Paradoxical because states religious freedom but makes reference to specific religion

Under the OBCA and CBCA, directors owe two broad legal duties to their corporation:

1. A duty to exercise "care diligence and skill that a reasonably prudent person would exercise in comparable circumstances" 2. A fiduciary duty - to act "honestly and in good faith with a view to the best interests of the corporation"

provincial and territorial marriage acts sets the requirements which typically include the following:

1. A marriage licence (some juristictions, such as Ontario, allow the Banns of marriage—the public announcement in church of an impending marriage—to be used in place of licenses) 2. A public marriage ceremony (religious or civil) with at least 2 witnesses; 3. A presiding official (religious or civil) who is authorized under the legislation to perform marriage ceremonies; and 4. Registration of the marriage with the vital statistics office for the province or territory in question

the advertising standards Code is widely endorsed by Canadian advertisers and sets out standards for advertising that is truthful, fair, and accurate in the following 14 areas:

1. Accuracy and clarity 2. Disguised advertising techniques. 3. Price claims 4. Bait and switch 5. Guarantees 6. Comparative advertising 7. Testimonials 8. Professional or scientific claims 9. Imitation 10. Safety 11. Superstition to children 12. Advertising to children 13. Advertising to minors, and 14. Unacceptable depictions and portrayals

Two conditions must be met before an employer will be found vicariously liable for the actions of an employee:

1. An employer-employee relationship, as opposed to a business-contractor relationship must be established. The more control exercised over a person's work, the more likely the person will be classed as an employee 2. The tort must have been committed in the course of employment. Employers are not responsible for torts committed by their employees on the latter's own time

To qualify for appointment as a provincial superior court judge, a candidate must

1. Be a barrister of advocate of at least ten years standing at the bar of any province, or 2. Have had a total of at least ten years in which she (a) was a barrister or advocate at the bar of any province and then (b) served full-time as a member of a body that performed duties of a judicial nature

divorce be established in 1 of 3 ways:

1. Being separated and apart for 1 year 2. Adultery by the other party; or 3. Physical or mental cruelty by the other spouse "of such a kind to render intolerable the continued cohabitation of the spouses"

there are three main types of damages:

1. Compensatory 2. Nominal, and 3. Punitive

there are four types of statutes, distinguished according to type or jurisdiction:

1. Constitutionally entrenched statutes, which are mainly British 2. Federal statutes; 3. Provincial statutes; and 4. Territorial statutes

there are a number of defences available to a person sued in negligence. The onus is on the defendant to raise and prove these defences. There are 3 main ones

1. Contributory negligence 2. Consent, and 3. Illegality

These provincial statutes are complicated. Among their key features are the following:

1. Coverage of almost all form of personal property, both tangible, and intangible 2. Provisions that protect a creditor with respect to the debtor's personal property 3. A special interest called a "purchase money security interest," or PMSI, which can be granted to a lender who enables a debtor to acquire goods 4. The protection of creditors through the registration of their security interest; and 5. The creation of a system and "superpriorities," which starts from the principle that priority is goven to creditors whose security interests in a debtor's property are registered

There are two main questions to ask about new legislation:

1. Does jurisdiction to pass the statute belong to Parliament or to the provinces? 2. Does the statute infringe the Charter?

There are three main categories in contract law are

1. Expectation damages 2. Reliance damages 3. Restitution damages

Circumstances under which an appeal as of right exists for an accused person including the following:

1. He is convicted of an indictable offence at trial and the conviction is upheld by the Court of Appeal, but one of the appeal court judges dissent on a question of law 2. she is acquitted of an indictable offence, but the Court of Appeal sets aside the acquittal and substitutes a guilty verdict

Two important requirements in self-defence case are that the defendant

1. Honestly and reasonably believed she was going to be attacked, and 2. Responded in a way that was reasonable in the circumstances

to establish it, two elements are required

1. Inequality of bargaining power 2. An unfair bargain

two main exceptions to incapacity are:

1. Infants 2. Indivicuals who are deemed to be mentally incompetent

Since confederation, parliament and the provinces have used their constitutional powers to create three types of court:

1. Inferior courts 2. Superior courts, and 3. The supreme court of Canada (SCC)

the intentional torts can be roughly divided into two categories:

1. Intentional interferences with persons or property, and 2. Intentional interferences with other interests

Modern tort law can be divided into 4 categories, based on the type of fault involved:

1. Intentional torts, 2. Negligence, 3.strict liability torts, and 4. A miscellaneous group of torts, with unique principles of liability

Thus Parliament, rather than the monarch, became recognized as the country's supreme legislative authority. Parliament sovereignty implies at least thee principles:

1. Parliament can make or unmake any law; 2. Parliament cannot bind itself against using its power in the future; and 3. A procedurally valid act of parliament cannot be questioned by the courts

In order for a joint tenancy arrangement to exist, four "unities" just be present

1. Possession: co-owners have equal right to posess entire property 2. Interest. The intestest of co-owners must be identical in terms of nature, extent, and duration 3. Time co-owners must ach receive their interest at the same time 4. Title co-owners mist each receive their interest under the same instrument,

the required qualifications for the SCC judges are the following:

1. Prior appointment as a judge of a superiorcourt of a province, or 2. Being a barrister of at least 10 years standing at the bar of a province

Undue influence may be established in one of two ways:

1. Proving actual undue influence; and 2. Proving that a recognized "special relationship" exists between the parties, in which case the court may presume undue influence unless the stronger party proves otherwise

two main concerns for those operating a sole proprietorship or a partnership are

1. Raising new money for the business, and 2. Being personally liable for the business debts and obligations of the sole proprietorship or partnership

The following sections briefly describe the three ways that customary practices within states may come to have legal significance. They may be

1. Recognized and applied by subgroups within a state 2. Incorporated into a mainstream system or, 3. Adopted as the state system

the property-owner's strict liability inder Rylands v fletcher is subject to two conditions. These conditions are that:

1. the substance brought onto the defendant's land must escape to a neighbouring property and cause property damage or personal injury there, and 2. The use of the substance must be a non-natural use, meaning that it is unusual extraordinary, or unsuitable, and that it increases the risk of danger to others

Five major implied conditions listed in BC's Sale of Goods Act are the following:

1. Seller's title and right to sell. Implied condition under section 16 of the Act that a seller has a right to sell or lease the goods 2. Sale by description. If goods are sold by description, there is an implied condition under section 17 that the goods correspond with that description 3. Fitness for purpose. If a buyer expressly or by implication indicates to a seller his particular purpose requiring a product, and is relying on the seller's skill or judgement, and the seller is in the business of selling that product, then there is under section 18(a) of the Act, an implied condition that the goods sold are reasonably fit for the purpose for which the product was brought 4. Goods of merchantable quality. If goods are brought by description from a seller who deals in goods of that description, there is an implied condition, under section 18(b) of the Act, that the goods are of merchantable quality—that is, fit to be used for the ordinary purpose for which products of its kind are manufactured and sold 5. Sale by sample. If goods are sold by sample, there is an implied condition under section 19 of the Act that the goods in bulk correspond to that sample in type and quality

• that a corporation can survive a shareholder's death or sale of his shares, because shareholders own shares in the corporate entity, not its corporate assets: all of the assets and liabilities of the business are held directly by the corporation. This in turn leads to two fundamental characteristics of the corporate structure:

1. Shareholders (owners) have no direct claim against corporate assets; and 2. Decisions about corporate assets and liabilities are made by corporate agents—the directors, officer and employees

Besides damages and lawful repudiation, a number of other remedies are sometimes available in contract disputes. Four of these are the following:

1. Specific performance 2. Injunctive relief 3. Rescission, and 4. Rectification

After his death, there were disagreements over succession, and these disagreements produced the differing sects and sub-sects that exist among muslims today. The main sects are the following:

1. Sunni Islam, which is the largest Islamic denomination covers most of the Islamic world 2. Shia or Shiite islam, which is centered mainly in iran and parts of ira1, but what also includes the Ismaili brance of islam, with followers in 25 countries

The SCC has held that there are three kinds of implied terms that may be included in a contract, depending on the circumstances. The three kinds are as follows:

1. Terms implied in fact 2. Terms implied in law 3. Terms implied by custom or usage

The government has to show:

1. That the measure serves an important social objective, and 2. That the measure is balanced (or proportionate) and fair

Two tests commonly used here:

1. The "but for" test, which asks whether the loss would not have occurred but for (That is, in the absence of) the defendant's conduct; and 2. The "material contribution" test, which asks whether the defendant's conduct materially contributed to the loss

for domestic animals that cause injury or damage, liability is only strict if the following conditions are met:

1. The animal had previously manifested a vicious or mischevious propensity to cause the type of harm in question, and 2. The owner knew of this propensity

Reasons for judgement Generally, most judges adhere to the following format and order of presentation:

1. The nature of proceedings 2. The relevant facts of the case 3. The legal issue(s) that must be resolved 4. The argument of both lawyers at trial or on appeal 5. The legal rule(s) pertaining to the issue(s) 6. The application of the rule(s), and 7. The court's conclusion(s)

Shares are best defined as a set of contractual rights that may be enforced under certain conditions against the corporation. Under the CBCA and OBCA, the following four rights must attach to shares of a corporation (collectively):

1. The right to vote 2. The right to receive declared dividends 3. The right to receive the remaining property of the corporations upon its dissolution; and 4. The right to receive information about the corporation—especially financial information and proxy information

Strict liability torts in Canada most often involve the three following activities:

1. The use of dangerous substances 2. The ownership of animals, and 3. The employment of agents (vicarious liability)

the charter applies

1. To the actions of the federal, provincial, and territorial governments of Canada in making and administering laws; and 2. To relations that involve an individual or coporation (depending on the section) on ne side and a government on the other side

the four main categories of entrant are

1. Trespasser 2. Licensee (a person on the property with permission), 3. Invitee (a person on the property for a business purpose—for example, a customer in a store), and 4. Contractual entrant (someone who has a contract with the occupier allowing him to be there, such as a patron at a hotel, a movie theatre, or a fitness club

A marriage that has essential validity must meet to following 6 requirements:

1. Two persons must be involved; 2. Both parties must have the ability to consummate the marriage; 3. There must not be too close a degree of consanguinity or affinity between two parties (for example, the marriage of a brother and sister is not valid); 4. The parties involved must be unmarried; 5. The parties must have given consent; 6. Both must be old enough to married

Financing matters are another prominent feature of real estate transactions. Financing can be managed in a variety of ways, including the following:

1. Vendor financing (for instance, through the use of an agreement for sale or mortgage back to a vendor); 2. Third-party financing (from a bank or other lender, through the use of an agreement the use of a mortgage); and 3. Multiple ivesotra, all participating in the purchase

Mistake and frustration are also excuses for not performing. There are two main kings of mistake

1. Where the parties are confused about the terms they have agreed to; and 2. Where both parties have mistaken assumptions about matters that are fundamental or essential to the operation of the contact

the elements of a negligence claim

1.duty 2. standard of care and breach 3. factual causation 4. legal 5. damages

inferior courts

It refers not to the quality or value of these courts, but to their level in the overall hierarchy of the system

section 2 of the Charter lists four fundamental freedoms provide to Canadians. It states the following:

2. Everyone had the following fundamental freedoms a. freedom of conscience and religion; b. freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication c. freedom of peaceful assembly; and d. freedom of association

Section 91 is the source of most federal power. It lists

30 specific subject areas over which Parliament has exclusive jurisdiction. It also gives the federal government a general power to make laws for the "peace, order and good Government of Canada," in areas over which the provinces are not assigned exclusive jurisdiction. This is known as POGG power

section 52(1) supremacy clause

52(1) The constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of the inconsistency, of no force or effect selection 52(1) states that the law is "of no force or effect"

The relevant subsections of section 52 are as follows:

52(2) the constitution of Canada includes (a) the Canada Act 1982, inludes this act (b) this Act and orders referred to in the schedule; and (c) any amendments to any Act or order referred to in paragraph (a) or (b) (3) amendments to the Constitution of Canada shall be made only in accordance with the authority contained in the Constitution of Canada

corpus juris civillis

534 CE, emperor Justinian produced a comprehensive codification of roman law in his monumental work corpus juris civillis which is a compilation of the strongest features and principles of roman law then in existence

the act also contains provisions concerning drugs. Section 8 states that the following:

8. No personal shall sell any drug that (a) was manufactured, prepared preserved, packaged or stored under unsanitary conditions; or (b) is adulterated

consideration

A contractual promise must be supported by a requested consideration coming from the other party which is a benefit to the promisor and/or a loss to the promise

Capacity:

A corporation derives its legal capacity (or legal powers) from the statute it is incorporating under; that capacity is generally quite broad. A corporation is no longer required to specify the business activity in which it will engage, although the directors at the time of incorporation may choose to limit the capacity and business of the corporation (although it is increasingly rare).

The Nature of a Corporation

A corporation is a creature of a statute (i.e. a governmental law) that imparts upon the corporation the rights, powers and obligations of a "legal person". Therefore like any of us (as individual people), a corporation is capable of: o Launching lawsuits o Being sued o Entering into contracts o Committing crimes

Corporate Decisions—The Directors

A corporation's board of directors (all of the people who have been elected as the directors) is responsible for the management of the corporation - that is the "business and affairs" of the corporation

judgement

A court's judgement or decision is the final outcome of the dispute heard before it. The record of those reasons becomes part of our law and—depending on the court's position in the hierarchy—may bind later courts under the doctrine of precedent

life estate

A life estate cannot be inherited, but the life tenant can transfer it to called a "life tenant." A life estate cannot be inherited, but the life tenant can transfer it o another person inter vivos—that is, while the life estate holder is alive. But the life estate will end with the passing of the original life tenant and revert to the fee simple owner (or remainderman). Uncommon today, the life estate is mostly used in a case where a decreased spouse leaves the surviving spouse a life estate, with the remainder going to the children or other relatives.

Under this section, the SCC may grant leave if it is of the opinion that the case involves

A matter of public importance A significant legal question, or Any other matter the Court believes warrants its attention

Responses to an offer that do not qualify as acceptances can fall into a number of categories

A mere inquiry or simple request to modify terms A counteroffer An outright rejection to the offer

bijuralism

A mixed of two traditions

peace bond

A peace bond is a signed promise, in writing, to keep the peace and be of good behaviour. If you are afraid that your partner will hurt you or your children, the family property, or pets, but you do not want to call the police or the police have not charged him, you can apply for a peace bond

moral responsibility

A person has a moral responsibility for the hard he causes to another and that the loss must be rectified or corrected

plaintiff

A person who launched a civil or non-criminal action in these royal courts

Provincial court systems

A plaintiff in a civil or non-criminal matter, or an accused in a criminal matter, enters a specific level of the Canadian court system in accordance with pre-established criteria—for example, the monetary amount involved in the plaintiff's civil action or the nature of the accused's criminal charge most provinces structure their court systems as described earlier. In all province, there are two levels of superior court—a trial level superior court and, above it, a provincial Court of Appeal not all cases can move up the judicial hierarchy from lower level trial courts to the SCC. Parties must have solid grounds in law to appeal decisions made by a trial court. Trial cases first must reach the provincial superior Court of Appeal—in other words, the top court in each province—and thus court decides whether an appeal is warranted

persuasive

A precedent taken from another province or from another common law country, is said to be persuasive how persuasive a decision is depends on a number of factors, including the level of court, the particular judge writing the decision, the quality of the reasoning and the date of the decision

private bill

A private bill is one that is introduced and "sponsored" by a government, opposition, or senate member and that deals with a private matter—for example, a matter relating to a particular individual, corporation, or charity. Private bills introduced in the commons are numbered C-2002 upward

bill

A proposed statute is first introduced as a bill either in the house of commons, or in the Senate Parliamentary counsel to help members of Parliament (MPs) and senators drafts bill and to answer questions in all areas of the legislative process. There are two types of bills: public bills and private bills

abuse

Abuse is not always physical. It can also be emotional, sexual, psychological, or financial. In some relationships both spouses are violent and abusive towards each other, and the violence can be considered interactive violence or mutual abuse. In such relationships the violence is an escalation of argument and mutual. In other relationships, the violence can be characterized as coercive controlling violence, with one partner, almost invariably the man, being the dominant partner and violence having the effect of controlling the victim

Canada's Food and Drugs Act

Act is another key piece of federal legislation protecting consumers. It protects the health and safety of Canadians in connection with the sale of food, drugs, cosmetics, and medical devices manufactured and sold in Canada

Section 8(1) of The Business Names Registration Act

Act states that no business name shall be registered if, in the opinion of the Registrar, it is the same as or similar to as existing connection with the Crown, the government, a political party, a professional association, or a university

In Afghanistan, the constitution states that

Afghanistan is an Islamic republic with islam as its "sacred religion" and No law shall be contrary to the beliefs and practices of islam

the Habeas Corpus Act of 1640

After a number of cases of unfair treatments involving prominent political and religious activists, it was abolished by an act of parliament, the Habeas Corpus Act of 1640, just before the English Civil War

"bad behaviour"

After an investigation, the Council can recommend that a judge be removed for misconduct. Tafter an investigation, the Council can recommend that a judge be removed for misconduct. The provinces and territories have constituted similar judicial councils with similar powers in relation to provincially and territorially appointed judges

judgements

After the appeal hearing concludes, the judges move directly to a conference room for initial discussion of the case. Though the judges can return from this discussion and give the court's judgement's directly from the bench, the usual practice is to reserve their decision

Court and Judges

After the date of the court's decision, the law report notes the court that decided the case, along with the judge or judges involved

The core positivist beliefs, according to Austin, are as follows:

All command of the soverign are valid and enforceable "commands" meaning positive law—that is, man-made rules the "soverign" refers to the person or agency who receives habitual obedience in a given society laws made in accordance with the society's existing formalized and recognized process are valid, regardless of so-called natural law, morality, or any external standard HLA Hart and Joseph Raz made the point that a person's holding positivist beliefs does not prevent her either from having moral standards or from advocating for their legal recognition Anglo-Canadian legal tradition has a positivist basis Laws made in accordance with the recognized process are valid without reference to external standards

As a general court of appeal sitting at the top of Canada's judicial system, the SCC has jurisdiction to hear appeals from the following:

All of the provincial and territorial Courts of Appeal, The Federal Court of Appeal, and The Court Marital Appeal Court of Canada

A Theory of Justice, he expresses his general conception of justice as follows:

All social values [or social primary goods]—liberty and opportunity, income and wealth, and the social bases of self-respect—are to be distributed equally unless an unequal distribution of any, or all, of these values is to everyone's advantage

law and economics movement

Among utilitarian theories is the law and economics movement, which measures a law's worth for the "happiness" of the utilitarian standard, happiness being difficult to measure

Domestic Contracts [see Ontario Family Law Act s.51]

An agreement between common-law spouses is called a cohabitation agreement, and one between married spouses is called a marriage contract; a contract before marriage is called a prenuptial marriage contract. Both are examples of what is called a domestic contract

offer

An offer is a statement by one person (offeror) to another (offeree) indicating a willingness to commit to a binding arrangement

options and deeds

An option contract is an "offer" in the form of a contract, whereby an offeror makes a binding promise to keep an offer open for a fixed period of time during which, at any point, the option holder can accept the offer A deed is technically not a contract but a promise that has been "signed, sealed and delivered." It is the traditional instrument for conveying ownership of real property, and it operates much like a contract, except that consideration is not required in order for the promise to be binding

Other changes against property are concerned with secure not a debt but a right. These charges include the following:

An option to purchase, which secures a right to purchase at the discression of the option holder A right of first refusal, which secures a right to purchase the property if it is offered for sale A caveat, which prevents the owner from selling the property temporarily to allow the caveat holder to pursue its claim against the property; and A right of way, which, as mentioned above, allows limited access to the property

registered judgement

Another charge of this type is a registered judgement, which can be used to secure any judgement debt the landowner may own

dissent

Another judge may dissent, or disagree with the majority, and write the reasons for her dissent Dissenting judgements may later become influential if shown to be better reasoned than the majority decision

corrective justice

Aristotle's account of corrective justice has a different focus. Presumes the status quo is good—that the distribution of wealth is acceptable—and that the parties to an injury start from a position of material equality

Amory v Delamirie

Armory was a chimney sweep's boy who found a jewel in the setting of a ring. He took the jewel to the shop of Delamirie, a goldsmith, to obtain a valuation of the item. An apprentice, the agent of Delamirie, surreptitiously removed the gems from the setting on the pretense of weighing it. The apprentice returned with the empty setting and informed Armory that it was worth three halfpence. The apprentice offered to pay him for it but Armory refused and asked the apprentice to return the stones and setting in their prior condition. The apprentice returned the socket of the jewel without the gems. Armory brought an action against Delamirie in trover (via respondeat superior for the actions of his apprentice). The Court held that both Armory and Delamirie had property rights in the jewel, even though neither was the true owner. Sir John Pratt CJ held they each have a right to possession that is enforceable against everyone except those with a greater right to the possession.

Justice can be considered in two ways:

As an end itself, or As an instrument, or a means to an end

entrenched statute

As an entrenched statute, it places limits on the powers of Parliament and the provincial and territorial legislatures to pass laws that offend the Charter's guaranteed rights and freedoms

Limitations of retributive justice

At first glance, it appears that retribution is based on the ideal of an "equal" response—an eye for an eye Retributive codes seem to depart from this ideal Crimes against those of lesser status called for lesser punishments Babylonian practice of reducing the penalty because of the victims "low" social standing is unacceptable

bail hearing

At the bail hearing, a decision will be made to release him while he waits for his trial or to keep him in custody until the trial.

Basic Principles of Criminal Law

Because the consequences of being convicted of a criminal offence are so serious and can result in individuals being deprived of their liberty, the Crown attorney's burden in providing that an accused committed a crime is very high

Hearing

Before an appeal is heard, the parties must file with the Supreme Court registrar all of the documents, in both paper and electronic versions, that the Supreme Court judges need in order to prepare for the appeal. The supreme court registrar then schedules a date for the hearing of the appeal. At the hearing, the parties may appear before a panel consisting of five, seven, or all nine Supreme Court judges The Supreme court judges hear the appeal from a semicircular bench. The chief justice sits in the middle, flanked by the puisne judges who range outward from the chief justice in order of seniority. Judges are normally gowned in black silk robes, but they wear red ones for ceremonial occasions. The courtroom is open to the public. Oral argument is permitted at the appeal hearing, but with strict time limits imposed

Insufficient arrangements for child support

Before granting a divorce, the judge must be satisfied that appropriate arrangements have been made for the financial support of the children. This is the most common reason for denying a divorce, especially the spouse seeking the divorce should be paying child support. This usually requires provision for the minimum amount of support as payable under the Child Support Guidelines, discussed below

Nature of the preceedings and counsel

Before reporting the actual decision, the law report generally states the purpose or nature of the proceeding—for example, "an appeal from a decision of Justice Smith"—and provides the names of the lawyers (counsel) representing each side of the dispute

Civil law and common law: a comparison

Both civil law and common law system strive for certainty, stability, and predictability One of the key differences between the two systems is the different role each assigns to previous judicial decisions Biggest challenge for newcomers to a common law jurisdiction is researching and analyzing the stand-alone judge-made rules that apply to their particular case The phrase common law can also refer to decisions by courtis exercising their "common law" jurisdiction, and to case law generally Civil law system applies to a significant portion of the Canadian population The legal systems in socialist countries that use the civil law system, such as Russia and China, have some features that distinguish them from most other civil law systems

Aboriginal peoples and the Patriation Process

By the mid-20th century, aborigional peoples had experienced many decades of economic, social, and cultural hardships Aborigional people wanted to improve their satiation, a sentiment extressed by Chief Dan George in his "Lament for Confederation." They recongnized the importance of organizing themselves politically and developing infrastructure for activism

prior to confederation in 1867

Canada was largely a pre-industrial, rural country commercial life was expanding with the rise of banks, insurance companies, and corporations, but these institutions were not as developed as they are today legal practice was intimately tied to the economy and society of this era as social and economic change came to Canada after Confederation, the practice of law started to change railway growth—lawyer involvement growth as the country's economy further developed, there was more and more positions of this kind

section 25-31

Canada's aborigional peoples worked hard to include a section of the Charter to protect their Aborigional, treaty, or other rights and feedoms Finally, we mention that women wanted as many protections for equality rights as possible put into the charter. In adition to section 15, women were successful in also having section 28 added to the Charter

common law and civil law

Canada, US, and UK contain regions—Quebec, Lousiana, and Scotland respectively—in which civil law and common law are mixed A mixed of two traditions is known as bijuralism UK is a unique state because it encompasses four countries

Constitutionally Entrenched Statutes

Canadian constitution statutes that concern this country's governmental powers as well as important civil liberties matters. They include federal and provincial statutes, and statutes from the UK. Many federal and provincial statutes relating to government powers and civil liberties are not entrenched; they can be changed via the usual legislative process

Retributive justice today

Canadian courts have awarded punitive damages—in other words, damages over and above compensatory damages—in cases where a defendant's behaviour has been particularly offensive Such awards have both a moral end-in-iteslf (deontological) purpose) and an instrumentalist purpose, as the Supreme Court of Canada (SCC) has made clear

The supreme court of Canada

Canadian stateman recognized that a general court of appeal would be desirable for the country. Such a court was needed to interpret statues and to decide future constitutional disputes likely to arise over the division of powers between the new federal government in Ottawa and the provinces As a result, section 101 was included in the Constitution Act, 1867, giving Parliament the power to "provide for the constitution, Maintenance, and Organization of General Court of Appeal for Canada"

plaintiff

Case normally begin with the names of the parties on opposite side of the legal dispute. In non-criminal disputes, the individual, corporation, or other entity who initiates the lawsuit is called the plaintiff

court of chancery

Chancellors established a royal court that was separate from the three other royal courts of justice and its purpose was to grant relief on grounds of equitable justice and to adjudicate petitions from plaintiffs appealing appealing outside the writ system

There are certain kinds of amendments that require the unanimous agreement of Parliament and the provinces These amendments include:

Changes to the office of the Queen The use of the English or French language when dealing with federal institutions The composition of the SCC, and Any changes to the amendment procedures itself

Are there reasons why a judge won't grant a divorce [divorce act, s.11]?

Collusion - When you work with your spouse to lie to the court, either in an affidavit or through your testimony. For example, if a couple agrees that they will lie about the date of separation to speed up the divorce. Connivance - When one spouse encourages the other spouse to commit adultery. Condonation - When you have forgiven your spouse for his or her adultery or cruelty. If you have forgiven your spouse, you cannot later use your spouse's adultery or cruelty to claim a divorce

Factual causation

Concerns whether the defendant's negligent conduct has actually caused the loss.

Consent

Consent occurs where a claimant agrees to the interference in question. For example, inviting someone onto your land would negate your trespass-to-land claim Consent can be given expressly (i.e. in a written release), or implicity (i.e. by voluntarily participating in the activity, consent issues often arise in cases involving medical procedures and sport inkuries

canada's key constitutional statutes are the following:

Constitution Act 1867 Statute of Westminister, 1931 Canada Act, 1982 Constitution Act, 1982

Federal statutes

Constitutional convention dictates that the House of Commons, as an elected body, takes the lead in making new legislation New statutes an only be passed while Parliament is in session. Each new session commences with a formal state opening at which the governor general (or occasionally the British monarch) reads the Speech from the Throne Each session is formally brought to a close when it is prorogued

Other kinds of contracts that may prove unenforceable owing to illegality include

Contacts for inregulated medical services Surrogacy contracts Contracts with a sexual service component, and Gaming and wagering contracts

Contingent agreements

Contingent agreements include special terms called conditions precedent and/or conditions subsequent. A condition precedent delays the start of performance of the contrac until a defined event occurs

illegality

Contracts that are contrary to public policy at common law or are illegal under legislation may be unenforceable

shareholders-rights and remedies

Corporate managers include directors, officers, and often, senior employees; they have the duties we have discussed above. But owners of corporations are distinct from business managers - they are investors that own shares of the corporate assets - or part of the capital of the corporation Neither the CBCA nor the OBCA specifically defines what type(s) of shares may or shall be issued by a corporation, but generally there are two types: common shares and preference shares.

The courts and the Charter

Courts across Canada hear cases involving charter issues and those cases with very important Charter issues may find their way up to the SCC, which will set a precedent for the whole country to find

If a party to a contract makes untrue representations or does not fulfill his contractual obligations, the other party may be able resort to a number of remedies, including the following

Damages Lawful repudiation of contract Specific performance Injunctive relief Rescission Rectification

Eight ways to fail to make law:

Deciding issues on an ad hoc basis, without laws Failing to publicize laws or make them available to the affected party The abuse of retroactive legislation Failing to make rules understandable The enactment of contradictory rules Enacting rules with which the parties affected lack power to comply Making frequent changes to law Announcing rules and failing to enforce them

two forms of wrongdoing. Aristotle defined them in two forms of voluntary wrongdoing:

Deliberately caused harm. Even where harm is inflicted deliberately, there are degrees of wrongdoing; premeditated harm is worse than harmful action that arises from passion Harm caused contrary to reasonable expectation. Aristotle referred to this as "misadventure" and we now refer to it as negligence

misrepresentation

During the course of negotiations, one party may falsely represent a state of affairs, usually a fact relating to the contract—for instance, stating that a house for sale has just had a new roof put on it when it fact it hasn't

Advantages and disadvantages of sole proprietorship

Easy to start up and operate income is considered taxable income for the sole proprietor, but an income tax deduction based on a percentage of the costs of operating the business at home may be available main disadvantage of a sole proprietorship is that it is not a separate legal business structure apart from its owner sole proprietors are legally liable for all of the business's debts and obligations

Canadian jurisdictions have introduced unique measures for their resolution. These measures typically include

Encouraging or requiring the parties to use alternative dispute resolution mechanisms (for example, collaborative law or negotiation-based approaches) before resorting to the courts; and Creating unified family courts to simplify the process, should the courts be needed

Judicature acts

Existence of two completely separate court systems (royal court and court of chancery) created certain difficulties The judicature acts in 1873 unifying the courts under one court system The system allowed for a further right of appeal to the hose of lords Both common law and equitable rules could now be administered under one court system In Canada each provience has its own superior court system with a trial level and an appeal level

unified family courts (UFCs)

Family issues complicated and stressful. To help with this, initiatives in seven provinces—Manitoba, New Brunswick, Newfoundland and Labrador, Nova Scotia, Ontario, Prince Edward Island, and Sashatchewan—have resulted in unified family courts (UFCs) UFCs are special devisions of the trial level of the superior court, and they have complete jurisdiction over family law matters Should the court be called upon to finally adjudicate any issues, there is, at least, only one court involved. The UFCs only operate in select cities and venues within the province, so parties not able or willing to go to these locations must follow the traditional route

What family law is about

Family law is mostly about the rights and responsibilities of spouses, parents, and children that arise in the context of a familial relationship, and especially those rights and obligations that may be legally enforceable after parents or spouses separate

Legal positivism in the Modern Era

First real proponent John Austin Believed the goal of legislation to be "the greatest happiness of the greatest number" His greatest work is the Province of Jurisprudence Determined.

There are three features of Canadian system that appear to qualify the nortion of parliament's "total power"

First, we are a federation, with legislative power split between two levels of government, the federal and the regional Second, we have an entrenched Charter that limits the power of our legislators. Third, the power to amend the Constitution lies outside the sole jurisdiction either of

structure of rule

Form of rules is relatively standard: If A, B, and/or C, then

division-of-powers

Forst question If either parliament or a provincial legislature tries to pass legislation in an area that, according to the Constitution, belongs to the other's jurisdiction, the courts have the power to hold that the legislation in question is ultra vires and jurisdiction is known as a division-of-powers (or division-of-authority) argument

The extension of New Rights and Freedoms in the Future

From the SCC's ruling in Vriend, that this section may not be exhaustive and that any new prohibited ground of discrimination would have to be "analogous" (similar) to those specifically listed in section 15.

Aboriginal rights and constitutional theory, distinguishes between generic and specific aboriginal rights

Generic rights: are those held by all aboriginal peoples in Canada. They include rights to land; rights to subsistence resources and activities; the right to self-determination and self-government; the right to enter into treaties; and the right to practice one's own culture and customs, including language and religion Specific rights are those held by an individual Aboriginal group, either recognized in treaties or defined that Vancouver's Musqueam Band had an existing Aboriginal right to fish, though the right may not apply to others First Nations

dark ages

Germanic tribes that succeeded the romans settled the southern parts of euope based many of their tribal customs and traditions on roman laws The northern tribes established diverse regional kingdoms, each with its own customs and its own systems of communal justice a judicial assembly known as a parlement

Saudi arabia's constitution, declares the country to be an Islamic state and recognizes the primacy of sharia in legal matters. It includes the following provisions, for example

Government in Saudi arabia derives power from the Holy Quran and the Prophet's tradition The state protects islam; it implements its Shariah; it orders people to o right and shun evil; it fulfills the duty regarding god's call

In some situations, access may need to be supervised by another person. For example, supervised access might be ordered if the parent with access:

Has a drinking or drug problem, Has abused the child in the past, or Has threatened or tried to take the child away from the other parent

You might argue that a precedent

Has been overruled by an even higher court Is no longer applicable because of changed social circumstances Was poorly reasoned and has lots its reputation as good law, or Has been re-interpreted differently by other judges

backgrounds of legal positivism

Hobbes believed in the absolute authority of the ruler whom the people have given over power by way of the social contract Hume took the empirical method. He criticized social contract theory, natural law ideas, and certain established principles of justice on the grounds of their "artificiality" and lack of provability

practice statement

House of lord issued the "practice statement" a formal recognition that "too rigid adherence to precedent may lead to injustice in a particular case also undily restrict the proper development of the law"

Factors that predict legal decisions of judges:

How credible they find the witnesses How much weight they give to documentary and other "real" evidence How they go about synthesizing complex and conflicting legal principles How they go about applying general principles to specific fact situations, and How far they are able to recognize and deal with uncertainties in rules themselves and in the fact to which these rules are applied

"doctrine of waste."

However it is subject to the "doctrine of waste." This means that the fee simple owner can hold the life tenant responsible for any damage the latter does to the property, though not for ordinary wear and tear or deterioration owning purely to the passage of time

Natural law theory

Idea of higher power that guides our behaviours Person who believes this to be the case believes that man-made or "positive" law is subject or subordinate to this higher or natural law

Justice

Justice seeks to restore equality by compensating the injured party at the injurer's expense; it requires the return of the victim's original benefit, so the balance is restored

Equalization payment

If a married couple separates, one spouse usually must pay the other spouse money called an "equalization payment". There are two main steps to figuring out the amount of the equalization payment: Step 1: Each spouse must calculate his or her "net family property" (NFP). To do this, each spouse adds up the value of his or her property (less any debts) on the date of separation and subtracts the value of his or her property (less any debts) on the date of marriage Step 2: The spouse with the higher NFP then pays the other spouse half of the difference. This is the equalization payment

Murder is conjunctive

If an accused engages in a behaviour (element A: the actus reus element) that causes the death of the victim (element B: the causation element), and if the accused means to cause the death (element C: the mens rea element), then the accused is guilty of murder and subject to punishment (X: the legal result)

ultra vires

If either parliament or a provincial legislature tries to pass legislation in an area that, according to the Constitution, belongs to the other's jurisdiction, the courts have the power to hold that the legislation in question

Court-ordered protection

If you are afraid that your partner is going to harm you, your children, or your property, and there have been no charges laid, you can ask for a peace bond. It is a court order to "keep the peace" and obey other conditions

exclusive possession orders? [See Ontario Family Law Act s. 24]

If you are legally married, the family court might decide that you have a right to stay in the house or apartment where you have lived with your husband, and that he must leave. This is known as "exclusive possession of the matrimonial home". An order for exclusive possession only orders your husband out of your home. It does not prevent him from contacting you at work or anywhere else. It does not mean that he gives up his part of the ownership of the home

general form of contracts

Important types or forms of contract include unilateral and bilateral contracts, executed and executory contracts, contingent agreements, standard form contracts, options, deeds and electronic contracts.

Federal court and federal court of appeal

In 1971, Parliament created the Federal Court of Canada under the Federal Court act. This replaced the Exchequer Court of Canada.

Canada Act 1982

In 1982, the UK Parliament, at the request of the federal government, passed the Canada Act 1982, giving up all legislative power over Canada. This was Canada's third and final step toward legislative independence from Britian. Section 2 of the Act provides as follows: 2. No Act of the Parliament of the United Kingdom passed after the Constitution Act, 1982 comes into force shall extend to Canada as part of its law

ASC compiles reports of the complaints it receives and the decisions of its council on each one. The reports are listed by year on ASC's website. The following are several examples:

In 2009, an advertisement in a Punjabi-language newspaper in Ontario assured readers that, through black magic, the advertiser could eliminate all of their personal worries, fulfill all of their desires, remove all of the obstacles in the way of their marrying a loved one, and eliminate their lottery problems and business worries, The ad stated that results were 100 percent guaranteed. Council found that the ad exploited superstitions and played upon fears to mis;ead consumers, contrary to clause 11 In 2010, a manufacturing the food/supermarkets industry in Quebec released a commercial in which a man shown in a deserted area was suddenly surrounded by a group of people who hit him repeatedly until he fell to his knees on the ground. Council considered a complaint that the commercial encouraged violence and found that, despite its humorous elements, the scenario did seem to condone violence, contrary to clause 14(b) In 2013, a popular Canadian clothing retailer advertised that all fall merchandise was being offered at a discount of 20-50% off the regular price. The compliant alleged that the discount was less than 20% off on many items. Council found that the ad containing a misleading saving claim contrary to clauses 1(a) and 3(a), and the advertiser agreed that the ad should have stated that only select items were being offered at 20-50% off

Territorial superior courts

In the Yukon, the Court of Appeal of the Yukon is the top court and hears appeals from the Supreme Court of Yukon and the Territorial Court The Court of Appeal is made up of justices from BC, Yukon, and the Northwest Territories, and Nunavut Similarily, the Court of Appeal for the Northwest Territories hears appeals from the Supreme Court of the Northwest Territories and the Territorial Court.

open court principle

In the context of criminal charges, It is guaranteed under the charter, subject to reasonable limits Courts have not always been open in this way The open court principle has been called "the best security for the pure, impartial, and efficient administration of justice, the best means of winning for it public confidence and respect"

World Intellectual Property Organization (WIPO)

International cooperation and agreements have led to the creation of the World Intellectual Property Organization (WIPO), which is an agency of the United states

a tenancy is common

Is similar to a joint tenancy insofar as possession is equally shared. But the unities of interest, time, and title are not required for this kind of owner-ship

Dicey's conception of the rule of law relates more to "procedural" fairness than to "substantive" fairness

It deals with when and how laws are applied rather than with the fairness of the law themselves

ratio decidendi (or simply ratio)

It does so in cases where the facts and applicable legal principle in the later case are materially similar to those in the earlier one

Contract

It empowers us to enter into agreements with others and thereby create a legal relationship based on our own set of rules. For the most part, we chose the rules that define our contractual relationship. This makes contract law different from many other areas of the law—for example, torts and criminal law—where the rules are imposed by the common law or legislation

Formation of a contract

It is generally accepted that up to six elements are required to make a valid contract: offer, acceptance, consideration, certainty of terms, intention to contract, and (in some cases) formal requirements

Breach

It must be determined whether the defendant, measured by the applicable standard, fell below or breached that standard.

Divisions of law

Law subdivided into positivie law (man-made law) and natural law (virtue, divine lae, reason, human nature, morality) Positive further divided according to whether the laws deal with core rights and obligations (substantive law) or with the processes for determining and enforcing those rights and obligations (procedural law) Two categories feed into domestic law (laws of a particular state) Public international law (or international law) deals primarily with international treaties, rules, and customs that govern inter-state relationships, but also dealing with other relationships such as those between states and non-nationals Domestic law divided into public law (governs relationship between a state and members of the state) private law (which concerns relationships between people) and military law (which governs the armed forces during times of conflict and in peace time, at home, and abroad

Jurisdictions that follows the common law tradition have recognized two primary sources of law:

Legislation, and Case law (the decisions of the courts)

How Parliament Makes Statutes

Legislative counsel is made up of lawyers specifically training in this area Statutes do not develop in a vacuum. They are influenced by the values and beliefs of the governing political party and of the society at large. A general consensus may emerge within the society that a new law is required or that an old one needs to be changed Once a legislature has decided to pass a statute and the legislative counsel has prepared a draft, the legislative response begins

pierson vs post

Lodowick Post, a fox hunter, was chasing a fox through a vacant lot when Pierson came across the fox and, knowing it was being chased by another, killed the fox and took it away. Post sued Pierson on an action for trespass on the case for damages against his possession of the fox. Post argued that he had ownership of the fox as giving chase to an animal in the course of hunting it was sufficient to establish possession. The trial court found in favor of Post. On appeal after the trial, the issue put to the Supreme Court of Judicature of New York was whether one could obtain property rights to a wild animal (Ferae naturae), in this case the fox, by pursuit.The majority opinion found that though it may have been rude for Pierson to have killed the fox, there was no reason to object as only the person to mortally wound or seize the animal can acquire possession of it.

united (or legislative) government

Macdonald desired a united (or legislative) government like Britian's, whereby all soverign authority would be centered in one governing body for all of Canada Macdonald recognized that a legislative union was unacceptable in two quarters: the maritime provinces and Quebec

Religion as law

Most nations today separate church and state Phrase "separate church and state" credited to Thomas Jefferson Some states guarantee religious freedom but do not recognize law and religion and being completely separate Israel freedom of religion protected under the countries basic law, and Judaism, the predominant religion, is not formally designated as the state religion Religious law though and state law converge in a number of areas. Such as marriage and divorce

Territorial court systems

Most of what we have said about the provincial court systems applies to the territorial court systems the territorial systems are not rooted in a constitutionally entrenched statute, as the provincial ones are, but in federal statutes that can be changed unilaterally by Parliament

Canada law students have a number of good reasons to learn about other legal systems

Multiculturalism Bijuralism (we have two legal systems—common law in most, but civil law in Quebec) Trade Globalization

Legal positivism

Natural law's main opposition as a legal theory Legal positivism tends more toward the analytic

Limitations of corrective justice

No consensus about how widely it can be applied and about limits on—and degrees of—culpability

the first Canadian common law province to teach future lawyers at a university law school was

Nova Scotia, in 1883, at Dalhousie law school in Halifax this debate over how best to train lawyers continued in other common law provinces as they were formed, especially in Western Canada. The model currently in place in the common law provinces, which combines academic coursework with articling requirements, is now the generally accepted one

Nunavut

Nunavut is unique. It has a unified court, the Nunavut Court of Justice, which combines the jurisdiction of an inferior court with the jurisdiction of the trial level of a superior court

agreement for sale

One charge that operates much like a mortgage is the agreement for sale. Is is only used in relay estate purchase situations

puisne

One judge is given the title of chief justics of Canada, and the other eight are called puisne ("inferior in rank") judges

There are a couple of well-known expressions concerning physical possession and ownership.

One of these is "possession is nine-tenths of the law"; the other is "finders keepers, losers weepers" the principle exressed here—the ideal that physically possessing property is somehow proof of ownership—is not necessarily accurate, however. Possession may be evidence of ownership, but is not conclusive

Code of Hammurabi

Other codes preceed it such as the code of ur-nammu the laws in the code of Hammurabi bear little resemblance to those in modern civil law jurisdictions

superior court

Other courts in Canada are superior court. Some superior courts are courts of first instance—that is, trial courts These courts have a general (or inherent) jurisdiction to deal with most legal cases but are most often used for important matters such as civil disputes involving large sums of money or serious criminal cases—murder

binding

Over time, chances in the English court system affected the operation of stare decisis; it was expanded to include the rule that a decision made by a higher appellate court is binding

Section 91 also stated that

Parliament of Canada had residual power "to make Laws for the Peace, Order, and good Government of Canada, in relation to all matters not coming within the class of subjects by this act assigned exclusively to the Legislatures of the provinces

ethics

also deals with standards of human behaviour—with what is right or wrong, good or bad many branches of ethics like meta-ethics

the first leg of section 101

Parliament's authority over this court flows from the first leg of section 101, which gives Parliament the power to create a "General Court of Appeal for Canada" The SCC has been Canada's "general court of appeal" since 1875 and its final ocurt of appeal since 1949

The Constitution Act, 1867 is divided into 11 parts. Parts II-VIII and XI are the key ones:

Part II, entitled "union" united the three colonies to form new country Part III outlines federal executive power Sections 58-68 in part V, head "provincial constitutions" outline provincial executive power o Legislative power is converted in parts IV, V (section 69-90), and VI. The cornerstone sections are sections 91-92 in Part VI, which divide the power or jurisdiction to make laws between the federal Parliament and the provincial legislatures Part VII is entitled "Judicature" and deals with the federal power to appoint judges and create new courts. A parallel jurisdiction over courts and judges given to the provinces in section 92 Part VIII deals with taxation and money issues and supplements the coverage given these areas in sections 91-92 Part XI, entitled "admission of other colonies" gave the government special powers to admit new colonies. It is owing the Part XI that Canada now consists not of three but of ten provinces and three territories

the importance of organizing themselves politically and developing infrastructure for activism. They faced a number of difficulties:

Poor communication between Aboriginal groups across Canada, owing to isolation, vast geographical distances, and language differences Lack of funds for travel expenses for the delegates to attend meetings Hostility from the federal department of indian affairs and Their unfamiliarity and lack of experience with such mobilization efforts

The following should be noted with regard to offers:

Precise words or formalized language not necessary in offer Statements that do not qualify as offers are considered negotiating statements, often referred to as "invitations to treat" or "invitations to deal" For most contracts, offers can be made either orally, in writing, electronically, by conduct, or through a combination of these Offers must be deliberately communicated to the offeree or offerees before they can be accepted Offers can be revoked at any time prior to acceptance

The writ system

Problematic feature of royal court: the writ system of civil procedure plaintiff first had to purchase from the king a specific document called a writ (a written order to the defendant) Had a royal seal The king couldn't issue all writs personally Practice arose of having the chancellor issue them instead If plaintiffs chose the wrong writ for their course of action, later amendment was impossible

property

Property includes everything you own, for example: any other real estate, your car and other vehicles, personal items, such as clothing, jewellery, books, and CDs, household items, such as furniture, appliances, and electronic equipment, bank accounts, RRSPs, stocks, investments, insurance policies, pensions, and other financial assets, and any businesses in which a spouse has an interest or share property division for married couples

instrumentalist

Proponents of justice as a means to an end (an instrument) take what we call the instrumentalist approach

deontological

Proponents of justice as an end in itself take what is called a deontological ("obligation, duty") approach. Non-consequentialist and rule-based; it holds that certain rights and responsibilities are fundamental and universal and that justice consists in unholding them

quasi-criminal offences

Provinces can make statutes and enforce laws for matters that fall under their own jurisdiction, such as highway traffic acts regulating, for example, speeding on provincial roadsm by imposing punishments listed in section 92(15). Such offences are known as quasi-criminal offences or provincial offences, and they do not result in a criminal record

Contracts are everywhere. Most of us enter into multiple contractual arrangements every day, without realizing it. We enter into contracts when we

Purchase gasoline for our vehicles (contract with gasoline retailer) Take public transit or hire a taxi (common-carrier contracts), or Purchase food for immediate consumption (contract with a fast-food business)

Provincial inferior courts

Regardless, it is important to understand that the provincial inferior courts are the main point of entry for most people when they interact with the criminal justice system Provincial inferior courts are creatures of statute and have no inherent jurisdictions as the provincial superior courts do. In other words, inferior courts can only exercise powers given to them by legislation Each division within a provincial inferior court—or, in Nova Scotia, each separate specialized provincial court—must look to its constituting provincial statute to determine the criminal, quasi-criminal, or civil matter over which it has jurisdiction The provincial inferior courts also have rules of practice governing procedure in all areas over which they have jurisdiction

indefeasible

Registered title is indefeasible. This means that the legislation essentially guarentees that "what you see is what you get" when you look at the registry entries for a particular piece of property

Muslim legal systems

Religious based Muslims believe islam was revealed to Muhammad when he was 40 years old

Section 91(26) and sections 92(12) and 92(13)

Section 91(26) of the constitutional act gives federal parliament jurisdiction over "marriage and divorce" and sections 92(12) and 92(13) assign the provinces power over "Solemnization of Marriage" and "Property and Civil Rights"

Other hybrid systems

Some countries have maintained England's common law systems after becoming independent but have added or revised other systems in the process Many nations have strong muslim law base with other systems mixed in

defeasible

Sometimes life estates are made defeasible. This means that they can be terminated if certain conditions are not met or if certain denied events occur. Such events could include changes in the use of the property

cattle trespass

Strict liability for damage caused by straying cattle or other farm animals, unlike liability for domestic (or wild) animals generally, does require escape onto a neighbour's property.

"bundle of rights"

The "bundle of rights" attached to the estate in fee simple gives the owner more power and flexibility to deal with the land than any other form of ownership.

intervenors

The Court not only reviews statutes and cases but also consults academic books and articles applicable to its cases, and can also receive, at its discretion, the views of public interest groups on its case through intervenors

majority

The Court's judgement on an appeal is decided by a majority, and need not be unanimous. Unanimity is preferred, however, because it sinals most forcefully the Court's position regarding the appeal, and this kind of clarity is helpful to the legal profession

Nisga'a Final Agreement

The Nisga'a Final Agreement, also known as the Nisga'a Treaty, is a treaty settled between the Nisg̱a'a, the government of British Columbia, and the Government of Canada. As part of the settlement in the Nass River valley nearly 2,000 square kilometres of land was officially recognized as Nisg̱a'a, and a 300,000 cubic decameter water reservation was also created. Bear Glacier Provincial Park was also created as a result of this agreement.

three main sources of sharia.

The Quaran, the sunna, ijmā, fourth source less sentral qiyās, or analogical deduction

the royal proclamation

The Royal Proclamation of 1763 was issued by King George III to establish a basis of government administration in the North American territories formally ceded by France to Britain in the Treaty of Paris, 1763, following the Seven Years War. It established the constitutional framework for the negotiation of treaties with the Aboriginal inhabitants of large sections of Canada, and it is referenced in section 25 of the Constitution Act, 1982.

Rule of law in the international context

The UN made the rule of law a standing agenda item for its General Assembly since 1992

adversarial system

The adversarial system is based on the idea that truth will best be determined when lawyers oppose each other in the courtroom and present their respective cases without interference from the trial judge

Appointment authority

The appointment power set out in section 96 of the constitution act, 1867 states that the governor general shall appoint the provincial superior court judges

Territorial

The appointment process for the territorial courts operates in much the same way as for the provincial one Section 4 of the Constitution Act, 1871, along with the federal territorial statutes delegating authority to each territorial assembly, provides the constitutional basis for the appointment of territorial judges The territorial assemblies have, in turn, passed legislation creating their own territorial courts as well as their own territorial judiciary councils

inquisitorial system

The biggest adjustment for newcomers to civil law jurisdiction tends to come in a litigation context where judges play a more active role in an inquisitorial system

The SCC has dictated that proportionality, based on a number of factors, must be the guiding principle. Key factors include the following:

The blameworthiness of the defendants conduct The vulnerability of the plaintiff The harm caused The need of deterrence, and Whether the defendant has been guilty of the conduct in the past

sole proprietorship

The business, in this case, is owned and operated by one person—the sole proprietor Generally few employees, and it is not unusual for the business to be based in the sole proprietor's home Legal requirements for starting up a sole proprietorship are minimal, but still must be followed

corrective justice

The concept of justice most closely attached to the deontological approach—that is, taking justice as an end to itself

equity

The court of chancery created its own separate body of maxims or rules to deal with plaintiffs' appeals

Military Court System

The courts marital (the general court marital and standing court marital) are a very specialized set of federal inferior courts with jurisdictions over armed forces personnel who commit "service" offences These courts are constituted under the same National defence act and are analogous to the provincial and territorial inferior courts that have jurisdiction over criminal cases The court marital appeal court hears appeal from the courts marital. It is a superior court and is also constituted under the National Defence Act

distinguishable

The doctorine of precedent is not as absolute as it first appears Might argue there are material factual differences between the preceding case and the one under consideration. Such a precedent is said to be distinguishable

Federal court systems

The federal court system includes the SCC and four other superior courts (the federal court, the federal court of appeal, the tax court of Canada, and the Court marital appeal court)

fee simple

The fee simple owner has the right to possess the land and to build on it. She also has the full power to transfer the estate to others while she is alive (inter vivos transfer) and to transfer the property in a will once she dies (a process known as testamentary transfer) The fee simple owner also has the right to carve less permanent estates, such as life estates or leases, out of the fee simple whole.

"remainderman"

The fee simple owner's interest, when it is subject to one of these lesser estates, is referred to as a "reversionary interest,'' and the fee simple owner is technically refered to as a "remainderman"

vicarious liability

The final type of strict liability tort is the kind involving vicarious liability. It is an important one Vicarious liability involves the liability of one party for the fault of another, due to the special relationship between them. A special relationship of this kind exists, for example, between a car owner and the people who drive the owner's car with her permission

what is the nemo dat principle?

The full latin expression is nemo dat quod non habet, which means "one cannot give what one does not have." To increase the certainty related to property ownership, registration systems were devised

federalism

The government structure eventually adopted by the framers of the BNA Act

Other scholars have suggested other requirements for the rule of law:

The independence of the legal profession ("the bar") must be secure Lawyer-client confidentiality must be guaranteed Legal service must be affordable for the average person

How do judges decide on spousal support?

The judge will take into account things such as: the length of the relationship, whether there are children and what arrangements have been made for them, the roles the spouses played during the relationship, the age of each spouse, and each spouse's financial situation.

false imprisionment

The kind of trespass-to-person offence classified as false imprisionment occurs when one person totally restrains the movement of another person The defining element here is the presence of an enclosed boundary around the person being restrained, so that there is no reasonable means of escape. The boundary can be physical (i.e. jail) or psychological (i.e. someone with a gun telling the plaintiff not to move)

law and society and sociology of law

The law and society and sociology of law disciplines are related in that they look at the law from a broad social, interdisciplinary perspective First one identifies most closely with legal studies and the second with sociology

Real estate transactons

The law relating to the purchase and sale of real estate is often treated as its own subject because of the number of issues and volume of litigation arising from such transactions

limiting provision

The limiting provision is very important and qualifies the legal protection granted by the Charter. Under this provision, all the rights set out in the Charter are subject "to suh reasonable limits perscribd by laws and can be demonstrably justified in a free and democratic society"

national concern approach

The national concern approach, can be thought of as a counterbalance to the province's general authority, under section 92, over matters of a "merely local or private nature"

defendant

The plaintiff's name is listed first the abbreviation "v" seperates the plaintiff's name from that of the individual, corporation, or other entity being sued, who is called the defendant

stare decisis

The practice became institutionalized when royal judges formally accepted the principle

Chief features common law

The principle of stare decisis, and the use of an adversarial process in court

pure theory of law

The pure theory of law (owes name to Hans Kelsen). Outgrowth of legal positivism but achknowledges its "normative" aspects more openly than traditional positivism does

restraining orders

The purpose of a restraining order is to prevent your partner from harassing you or your children. You can get a restraining order through the family court system

Section 91 of the BNA Act lists a number of matters of natural importance under the Parliament of Canada's areas of control which include the following:

The regulation of Trade and Commerce The raising of money by any mode or system of Taxation; Militia, Military and Naval Service, and Defence; Currency and Coinage; Indians, and Lands reserve for the Indians; and Criminal law

plato

The republic, Plato envisages a utopia governed by philosopher rulers who the citizens trust know the forms and rule by their light Saw natural law as being based on virtue and the "golden mean"

"common humanity."

The required level of care increases incrementally with each category. In the case of a burglar (a kind of trespasser), an occupier of land has a duty to act with "common humanity." But in the case of a contractual entrant, the level of required care increases; there is a duty to ensure that the property is "reasonably safe" to use

To make this determination, the court will consider all the circumstances of the case, including factors such as

The risk of injury inherent in the activity The existence of any social benefits flowing from the activity The extent to which others have acted similarly (that is, was the behaviour customary for someone in the defendant's position?), and The existence of legislative rules governing the activity and whether they have been followed or ignored

Common-law couples and the home

The rules for matrimonial homes do not apply to common-law spouses. A common-law spouse does not automatically have the right to stay in the family home if it is not in his or her name

Statute of Westminister

The statute of Westminister 1931 can be thought of as Canada's second step toward full legislative independence from Britian. The first step was Colonial Laws Validity Act, 1865. This earlier Act provided that British colonies—including those in British North America—could enact laws contrary to English laws "of general application" that had been received by the colonies upon formation Laws of general application were English laws that weren't specifically directed at the colonies but had been received from England to avoid a legal vacuum when the colonies were established The Statute of Westminister, 1931 repealed the Colonial Laws Validity Act, 1865. It took colonial independence one step further This reservation of power was due less to paternalism on Britain's part than to the fact that the federal government and the provinces were unable at the time to agree on a constitutional amending formula

These documents include the following:

The trial transcripts The facta of all parties; and A book of authorities containing copies of all precedent cases, statutes, and secondary sources, such as excerpts from books and articles

mediation: open vs closed

The two main forms of family mediation available are closed and open. In closed mediation, the information statements made by the parties in the course of mediation sessions cannot be used in court proceedings Open mediation is premised on the mediator helping the parties to reach an agreement, but if this fails, allowing the parties to use the statements made by each in court proceedings

Judicial appointments

There is essentially one appointment process for superior court judges—that is, provincial and territorial superior court judges, Federal Court and Federal Court of Appeal judges, and judge of the SCC

hybrid theories

These are hybrid theories, such as feminist legal theory, and other theories, such as legal realism, that seem to challenge or subvert the distinction between analytical and normative realism, that seem to challenge or subvert the distinction between analytical and normative

reference

These questions don't originate with the federal Cabinet. A provincial Cabnet might direct a reference question to its own provincial Court of Appeal. That court's decision regarding the reference question can be appealed as of right to the SCC

civil code of Quebec,

This influence is evident in Quebec's first code and its current code, the civil code of Quebec, which replaced the first one in 1994

Collaborative Family Law

This is a non-adversarial method of resolving disputes that is related to mediation and negotiation but is distinct

Exchequer Court's jurisdiction

This jurisdiction of the Federal Court of Canada was increased to include not only the matters formerly under the Exchequer Court's jurisdiction—revenue matters, disputes involving the federal government, and other types of claims concerned with copyright. Trademarks, and patents—but also the review of federal boards and tribunals In 2003, the new Courts Administration Service Act came into force, amending a number of federal statutes involving the administration of justice, including the Federal Court Act. The courts administration Service Act reconstituted the Federal Court of Canada, converting its two divisions into two separate courts: (1) the Federal Court, and (2) the Federal Court of Canada The federal Court and Federal Court of Appeal are both itinerant courts, with hearing locations in major cities across Canada

The superior courts have an inherent power to review the provincial inferior courts' decisions

This power is generally confined to reviewing the procedural "fairness" of the lower court's decisions. This power is generally confined to reviewing the procedural legislation constituting most provincial inferior courts provides for a general right of appeal to the superior court, which allows the superior court to assess the "merits" of the lower court's decisions, a much broader power than judicial review

"false arrest"

This tort referred to as "false arrest" in cases where a police officer or security guard is the person being sued. But false imprisonment and false arrest are, legally speaking, the same action

curia regis.

This was a group of nobles who advised the king on governing the country. They helped him in the following areas, in particular: overseeing departments of state—for example, the Chancery for legal matters and the Exchequer for the King's finances securing royal control throughout the island by issuing royal documents creating administrative officers, i.e. sheriffs, who were responsible for maintaining the kings power and privilege

trespass to person

Three actions qualify as trespass to person: (1) assault, (2) battery, and (3) false imprisonment

Distributive justice today

Today, debates about distinctive justice frequently arise in the context of automobile insurance and workers' compensation programs Of all members of the group contribute to the fund, then the few unlucky enough to suffer injuries will not have to bear the full weight of medical costs themselves Rawl's ideas provide a foundation for Canadian values and beliefs.

Family law in the provincial court systems

Traditionally, family law disputes are heard in either the provincial inferior or superior courts—or in both, depending on the issues

Aristotle

Two forms of justice: distributive justice and corrective justice Aristotle assumed that the offender's gain is equal in value to the victim's loss

strict liability torts

Under certain conditions, a defendant can be held responsible even if the consequences of his tortious actions were not intended and even if he were not negligent.

Systems founded on natural law supply us with ideals. But they also raise many questions:

What is the basis of natural law—virtue, religion, reason, or human nature? How do we determine what its rules are? Whom do we authorize to determine these rules? How do we resolve contradictions between natural law and positive (that is, man-made) law?

Canadian Charter of Rights and Freedoms

What the charter did was entrench was the rights, freedoms, and protections inherited from England and added new ones, making them part of our Constitution, so that they could only be changed following a formal consitional amendment procedure The charter also differs from provincial and federal human rights acts in one other important way: It does not apply to matters in the private sector—that is to disputes involving only individuals or coruptions.

Acceptances must be communicated to an offeror to be effective. The principal exceptions to this rule are

When the "postal acceptance rule" applies When the offeror has dispensed with the need for communication

Parents who do not live together have important decisions to make, such as:

Where will our child live? How much time will each of us spend with our child? How will we make major decisions about how to care for and raise our child? What role will each of us have in caring for our child?

The exact process of conveyancing varies according to the usual variables

Whether a deed system or land titles system is involved Whether the transaction relates to single lot, or a commercial or investment property; and The relevant legislative requirement concerning registration and other matters

The transaction starts with property that is made available or listed for sale bya seller. How exactly the sale proceeds depends on:

Whether the property is residential Whether it is commercial Whether it si for investment

feudalism

William the Conquorer claimed owndership of all the land, then distributed large areas of it to favoured nobles in return for their military support and loyalty

Women's rights in Canada's new constitution

Women worked hard to have the new charter include an equality section more strongly worded than the one in the 1960 bill of rights

Under Ontario Family Law Act s. 29 for purposes of spousal support, you are considered common-law spouses:

You live together and have a child together, or You have been living together for at least 3 years whether or not you have a child together

Unilateral contracts

are contracts in the form of a "promise for an action," and they are sometimes referred to as "if" contracts because the offeror promises something (usually payment) if the offeree accepts by performing a request action

Territorial inferior courts

Yukon and the Northwest Territories each have a territorial inferior court that is organized along the lines of the provincial inferior courts. The territorial courts are creatures of the territorial assemblies, which exercise provincial-like statutory power under the federal statutes that devolve power to them

Product Sales and consumer protection legislation

a business that sells product to the public must also comply with the sale of goods acts in each province and territory contracts have to be carefully executed selling a defective project that might injure someone is a major concern

headnote

a concise summary of the entire case. The headnote is prepared by the editor of the law report, not by the judge or judges who wrote the decision It also lists the cases, legislation, and other secondary sources that the court examined in making its judgement

the Family Law Act s. 24

a court can make an order for "exclusive possession" of the "matrimonial home" in favour of one spouse, regardless of ownership; these orders are usually made to protect the interests of children and address issues of domestic violence

called to the bar

a formal ceremony whereby they are admitted to the law society of their province and may begin to practice law

advantages and disadvantages of a general partnership

a general partnership, like a sole proprietorship, can be established with minimal expense it can reduce business costs on an individual basis and increase business opportunities through the pooling of resources major disadvantage is that the individual partners have joint and several liability for the actions of the business this means that every partner is liable with the other partners for any debts or liabilities incurred by the firm

second principle

a key feature of true democracy; it distinguishes them from autocracies, where rulers have absolute power, and from societies where the law applies to people differently depending on their status

Assault

a kind of psychological tort, not requiring actually physical contact. If the plaintiff is threatened and apprehends harmful physical contact from the defendant, and if the defendant has the means to carry out the threat in the near future, an assault has occurred

critical race theory

a kindered theory of feminist jurisprudence

limited partnership

a limited partnership consists of one or more general partners and one or more limited partners general partners are the ones who operate the partnership and are liable for any partnership liabilities a limited partner contributes money or property to the partnership, but does not operate the partnership obligations the liability of limited partners is restricted only to the value of money and other property they contributed to the partnership

support

a property owner is entitled to rely on the physical support that a neighbour's property provides to his or her own property

military law

a specialized area of something of which most Canadians who are not in the military have only a vague understanding

another way someone is convicted of an offence is through

a suspended sentence and probation

Conveyancing

a very specialized process, and is sometimes treated separately from the rest of the real estate action.

civil law

according to Black's Law Dictionary, is a "comprehensive and systematic legislative pronouncement of the whole private, non-commercial law in a legal system of the continental civil law tradition" When dealing with private law matters, judges must consult the civil code and decide the cases in accordance with the code's general principles and laws

Stare decisis

according to this doctrine, the decision in an earlier court case (in other words, a precedent) binds lower level courts in the same jurisdiction

federal paramountcy doctrine

according to to which, in the event of conflict, the federal law prevails over the provincial one

consent

accused must prove that the alleged victim freely consented to the acts carried out by the accused. Assault is an offence to which the defence of consent may apply

section 5 of the food and drugs act

addresses deception in selling, packaging, labelling, advertising, treating, and processing any food, while section 7 covers manufacturing (and storing) food under unsanitary conditions

other economic developments in Canada after confederation

affected the nature and practice of law. Electricity powered factories and people moved from farms to cities new industries arose during this period

foreclosure proceedings.

after a mortgagor went into default, the mortgagee would have to bring priceedings to "forclose" the mortgagor's right to redeem the property these proceedings were called foreclosure proceedings. If the redemption period expired withoutthe mortgagor's coming up with the balance owing, the mortgagee could take absolute title to the property

protection of children

aka child welfare—is entrusted in all provinces and territories to government officials, who have the power to intervene in situations where children are in need of protection a child in need of protection where there has been physical, sexual, or emotional abuse. Intervention is also required in cases where parents or guardians have nelected to care for or supervise the child, and harm to the child has occurred or is likely to occur because of this neglect

Power-conferring rules

allow you to define legal relationships with others within certain contexts. Setting the terms and conditions that govern your relationship with another person, such as when purchasing or selling property, and in business transactions generally

section 33

allows the federal Parliament or provincial legislaturs to pass legislation that may operate even though it may infringe certain sections of the Charter commonly referred to as the "notwithstanding" or "override" clause. Governments rarely exercise their power under this provision because the political consequences of openly stating that the charter is being ignored when enacting a particular law.

federal consumer protection legislation

although provincial dale of goods acts assist purchasers by imposing implied conditions—along with additional safeguards—on commercial sale transactions, these statutes do not cover all areas affecting consumers who buy an item for their own personal use rather than for business reasons

tort remedies

among the remedies available to victims of torts are damages, injunctions, and extrajudicial remedies

if charged with an indictable offence not listed in either section 469 or section 553

an accused may choose or elect his or her mode of trial

advantages and disadvantages of a limited partnership

an advantage here is that a limited partnership enables the partners to raise needed money by attracting new investors who can share in the partnership profit but limit risks involved in their investment to no more than the money or property they have contributed one difficulty involved in a limited partnership is that the distinction between general and limited partners may become blurred a limited partner who takes part in managing and controlling the partnership can, by section 13(1) of Ontario's Limited Partnerships Act, for example, run the risk of losing him limited partner status and being held liable as a general partner

occupiers' liability.

an area of liability closely related to negligence but with its own set of rules It concerns the liability of occupiers of land for injuries that visitors (that is, entrants) sustain while on the property

Tort law

an area of private law that deals with certain types of wrongful conduct. And the remedies available to those affected by that conduct Tort law is a catch-all or miscellaneous category that includes all those civil wrongs that are not covered by other areas of private law, such as contract law, property law, family law, or equity

uniconscionability

an equitable doctrine; it applies where there is a power imbalance between the two parties

prospective lawyers in common law provinces must now generally meet the following educational requirements:

an undergraduate bachelor's degree with a high grade-point average (though many applicants have more advanced deegres, such as master's degrees, and some law schools may take incoming students with a minimum of two year at a university); a high score on the Law School Admission Test (LSAT) three years of full-time study at law school completing a LLB or JD degree a period of articling as determined by their province's law society; and completion of a bar admission course, consisting of a series of lectures and examinations established by a provinces's law society once all these educational and placement requirements are met, law students are then called to the bar, a formal ceremony whereby they are admitted to the law society of their province and may begin to practice law

A common method of classification of these theories of law is to divide them into two main camps:

analytical (concerned with what the law is) and normative (concerned with what the law ought to be)

supreme court observed that—according to statistics,

and due in part to "a fundamental misunderstanding and misapplication of both s. 718.2(e) and this court's decision in Gladue"—section 718.2(e) has not had a "discernible impact" on aboriginal overrepresentation in the criminal justice system to date

increasingly, both the federal and provincial/territorial governments have enacted numerous other pieces of legislation more comprehensive in scope than sale of goods acts to help protect consumers from changing marketplace concerns, such as:

anti-competitive and dishonest business tactics false and misleading advertising deceptive marketing practice, and products that may jeopardize the safety of consumers

mitigating circumstance

any circumstance associated with the offence or the offender that decreases the seriousness of the offence, and which may result in a reduced sentence

aggravating circumstance

any circumstance related to the offence or the offender that increases the seriousness of the offence and which may result in an increased sentence

federal inferior courts

apart from the provincial inferior court, there is also a very specialized set of federal inferior courts—namely, the military courts marital. These include the General Court Marital and the Standing Court Martial, and they have jurisdiction over armed forces personnel who commit "service" offences

part XXI of the Criminal Code governs

appeals for indictable offences

self-defence

applies if the defendant can show that she committed the tort, such as assault or battery, to protect herself.

consent

applies if, prior to engaging in the activity that led to injury the plaintiff consented to the physical risks associated with it and expressly or implicitly agreed to give up the right to sue the defendant in the event of injury. Releases and exclusion clauses on the backs of tickets can be used as evidence of such an agreement

contributory negligence

applies in a case, where the plaintiff has negligently contributed to her own losses

Ontario's Consumer Protection Act, 2002

applies to all Ontario consumer transactions for example, it covers consumer rights and warranties, credit agreements, leasing and procedures for consumer remedies the act lists a number of "unfair practices," such as making a "false, misleading or deceptive representation" (section 14(1)) or pressuring a consumer to renegotiate a transaction by keeping custody or control of their goods (section 16)

durress

applies when one of the parties entered into the agreement against his will

Limitation periods

apply to summary offences—in general, summary offence charges must be laid within six months from the time the offence was committed

hybrid or mixed systems

approximately 195 countries roughly half of these have monosystems based on one tradition, such as common law, civil law, or sharia law

Freehold interests

are a form of ownership that does not involve an obligation to pay rent. Fee simple and life estates are freehold estates.

provincial superior courts

are constituted under sections 92(14) of the Constitution Act, 1867

punitive damages

are granted in situations where the court wishes to punish the defendant for socialy objectionable behaviour. Such damage awards are in a sense a windfall to the plaintiff because they are over and above any amount needed for compensation or for acknowledging the infringement of rights

bilateral contracts

are in the form of a "promise for a promise." Here, the offeror promises something in exchange for a reciprocal promise

Everyone who qualifies as a "spouse" can claim spousal support after separation. Spouses are people who:

are married; people who have cohabited in a marriage-like relationship (common law) for at least three years; and people who have cohabited in a marriage-like relationship (common law) "of some permanence" and have a child together

implied terms

are terms the parties have expressed in their contract, but nonetheless part of the deal

Indictable offences

are the most serious offences in the Criminal code, and the procedure by which they are prosecuted is more involved than the process for summary conviction offences

Macdonald

argued that criminal law in Canada should be assigned to the general (that is, federal) government so that it would be the same throughout the country

Morality

as a system of values or principles concerning what is right or wrong with human behavior.

the federal court system is considered a separate jurisdiction

as is the system of courts marital (the military courts). The provincial and territorial court systems are jurisdictional groupings—each province and territory is its own jurisdiction within the general provincial and territorial court pathways

expectation damages

attempt to place the innocent party in the position she would have been in if the contract had been performed as promised and all the contractual representations were true

Section 96

authorized the federal government to appoint judges to the highest court in each province

A periodic tenancy

automatically renews itself at the end of each period, unless either party gives notice

Reliance damages

bare intended to cover expenses incurred preparing for contractual obligations

Restitutionary orders

based on principles of corrective justice Example where someone causes physical or mental injuries, may b ordered to compensate victim directly for their losses

legal

because negligence liability concerns carelessness rather than intentional wrongdoing, the law places a limit on the extent of the defendant's liability the test used to limit liability is the "reasonable foreseeability" test; a defendant is only responsible for losses that are a reasonably foreseeable consequence of his behaviour

Romantic era

began keeping laws as early as 450 BCE with their Law of the 12 tables rome's first conquests and settlements beyond the Italian peninsula began in the 3rd century BCE

Hugo Grotius

believed natural law would exist even if god didn't Grounded natural law in human nature itself, arguing that the natural law was discoverable through the use of "right reason," which is a human faculty rather than a divine one

hobbes

believed that these rulers authority over their subject was absolute, not subject to any natural law

Locke

believed that this contract was based on natural law, which he identified with human or natural reason

bilateral vs unilateral contracts

bilateral contracts become binding as soon as the offeree accepts the offer, even though the promised actions may not have occurred yet

at the sentencing hearing

both the Crown and defence counsel have an opportunity to make submissions; they may also make a joint sentencing

selective 25 in Part I of the Charter and of section 35 in Part II of the constitution Act, 1982

brought by The aggressive lobbying of Canada's aboriginal peoples The Charter Part II of the Constitution Act, 1982 entitled "Rights of the Aboriginal People of Canada"

partnership

business owners may choose to change their business structure as their circumstances change in order to raise capital to rent a storefront office and buy more equipment, she might convert her business into a partnership, with a co-owner reduces costs and increases opportunities three types of partnerships available in Canada are the general partnership, the limited partnership, and the limited liability partnership

double-aspect law

can be enacted by either legislative body—either by Parliament or by a provincial legislature.

Exclusion clauses

can be found in all kinds of contracts, but are often assocated with standard form contracts. They typically limit the liability of one of the parties either to a fixed dollar amount or altogether

public bill

can belong to one of two categories, the first being the most common 1. Government bills most of these bills deal with matters of public policy in a formal written notice, the minister responsible for the bill asks the clerk of the house for leave to introduce it, and the minister gives it a title at this point 2. Private members' bills. These bills, also dealing with matters of public policy, are introduced by individual MPs, who are usually members of the opposition. They are numbered C-201 to C-1000

what is negligence

can have two legal meanings: broad sense, negligence refers to the tort itself, meaning the entire cause of action or claim in negligence, including all its constituent elements narrowest sense, it refers to one element in the claim, the standard of care or most specifically breach of the standard of care (A defendant who fails below the required standard of care for the activity in question is said to be negligent, or careless in a legal sense)

judicial review on federalism grounds

challenging a statute's constitutionality on the basis of a division-of-powers argument

5 categories

common law civil law muslim law (religion as law) customary law mixed or hybrid systems

age of consent

common law age requirements for marriage are 12 for females and 14 for males issue of sexual offenders b=has not bee a problem in Canada close-in-age marriage defences starting at 12 and 14 infants under 16 generally cannot marry without consent of parents or guardians

compensatory damages

compensate the plaintiff for proven and recognized types of loses. These are what most plaintiffs are seeking in most tort actions. Sometimes the losses are easy to quantify—for example, where thre have been out-of-pocket expenses necessitated by the tort, and recipt can be entered into evidence. These are often referred to as special damages. In other cases, the calculation is less exact—for example, where the court is attempting to compensate the plaintiff for pain and suffering or for future lost earnings. These are called general damages

distributive justice

concerned with the way assets and entitlements are shared among members of a society

Essential validity

concerns a person's capacity to marriage and the substantive requirements of a valid marriage

rule of law

concerns fairness in the administration of the law. Its central tenets are that: everyone in a society, regardless of their social or political position, should be treated equally before the law; and power under the law should not be used arbitrarily

section 15 of the charter

concerns quality rights, and it provides protection against discrimination that is based on certain defined grounds—namely, "race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability"

1867

constitution gave the parliament of Canada exclusive jurisdiction over criminal law and procedure in criminal matters

Canada's Correctional system

correctional jurisdiction is divided between the provinces/territories and the federal government adults who receive a custodial sentence of less than two years serve their sentence in a provincial or territorial correctional facility operated by the province/territorial legislation

as with lawyers, the demand for paralegals in many areas is expanding. Some related career possibilities for paralegals includes:

court administration (such as a court clerk, reporter, or trial coordinators); legal research (such as a law librarian) legal recruitment corporate compliance officer private investigation policing and corrections (such as a probation or parole officer); insurance (such as a claims adjuster, broker, or insurance agent); and human resources and office management

actus reus

criminal offences are composed of an objective physical element, known as the actus reus or "guilty act," The actus reus may involve the accused being found in particular circumstances; failing to act when requiring to do so by a legal duty; or causing particular consequences

customary law incorporated into the mainstream system

customary practice was the basis of the common law system, too in Canada, constitutional conventions (or customs) regulate the behaviour of government institutions and officials, such as the senate an the governor general, and also the relations between the provinces and federal government

Public international law (or international law)

deals primarily with international treaties, rules, and customs that govern inter-state relationships, but also dealing with other relationships such as those between states and non-nationals

Common pleas

decided civil and land holding disputes

court of kings (or queens) bench

decided criminal matters

Exchequeter court

decided revenue matters involving the king and the queen

public vs private company

deciding whether to offer shares to the public, thereby creating a public company, or limiting the number of share-holders and operating as a private company, is one of many important matters to review with legal advisers when structures or expanding a company public companies, whose shares can be sold on stock exchanges, are much more heavily regulated than private companies. Securities regulation is a very complex and detailed area of the law

defences

defences to criminal offences are found in the criminal code and by section 8(3) of the code, at common law

provocation

defense is only avainable where the accused is charged with murder does not result in the acquittal of the accused by rather in the accused being convicted of the lesser offence of manslaughter

Common law

defined as a system of enforceable rules that governs the relationship between the individual members of a society and between those members and the society itself

General partnership

defined by law as "the relation that subsists between persons carrying on a business in common with a view to profit" the partners manage the business together and share profits, as well as debts and obligations, that may arise if a partnership has no such partnership agreement of its own, partnership acts govern the relationship among the general partners themselves and their relationship to third parties

civil wrong

defined by private law, which covers the relationship between persons

Responsibility

defined by the relationship between the causer and the injured, and there is no regard to consequences beyond the required rectification

degree of annexation and the object of annexation.

determining whether good have become affixed to the land requires looking at the degree of annexation and the object of annexation.

Royal court of justice

developed over time Courts presided over by these travelling judges were known as a assize Royal courts dealt with local offenders who had contravened the king's peace, and they helped to ettle local disputes

partner

direct control of a business, but also direct (personal) liability

three states today are Islamic law monosystems:

in other worlds, countries that officially recognize islam and whose legal systems are based entirely on Islamic law. Three states are Afghanistan, Maldives idlands, and Saudi arabia.

The concept of fiduciary duty is about acting in an honest and trustworthy manner. While fiduciary duty generally means that a director shall not act in a conflict of interest with the corporation, it does take on a number of different forms

directors shall not use information gained in their capacity as a director of the corporation for their own personal use; directors must disclose to the remainder of the board their personal interest in any particular transaction the corporation is about to enter into or which comes before the board (and in such a case, the director will be held to have acquired the interest as trustee for the corporation and must pay back to the company any profit earned as a result of the transaction to the corporation if he has not made full disclosure) directors must not engage in insider trading (trading on information about the corporation not publicly disclosed).

misfeasance

doing something carelessly in this way is referred to as misfeasance . However, in special cases, the law imposes liability for injuries resulting from a failure to act—in other words, from "not doing."

negligence liability usually applies to conduct that involves positive "doing," Such conduct might involve, for example,

driving too fast or driving while impaired, operating on a patient and taking out the wrong kidney, or designing a bridge to miscalculating the stress points

condition rules

establish conditions or requirements that must be met before certain activities can be carried out. Licenses for businesses, marriage, and driving

law societies are responsible for, among other things,

establishing requirements relating to the admission of lawyers to the province's bar administering a code of professional conduct for lawyers handling public complaints about lawyers maintaining lawyer discipline and professional competence, and providing continuing legal education

duress

exists at common law and in section 17 of the Criminal Code complex defence when the accused was compelled to commit a criminal offence as a result of threats of immediate death or bodily harm for a person present when the defence was committed

the Crown's underlying title to the land makes all other forms of ownership in Canada conditional and subordinate. These subordinate interests in the land come in many types; there are too many to list comprehensively here. The most common types are the following:

fee simple ownership life estates leasehold interests mortgages and other charges land.

Customary law raises two basic questions

first, how widespread does a practice have to be before we regard it as customary? Second, how do you define exactly what the custom is , in the absence of a formalized process for making, changing, or recording such practices

riles prescribed by sharia appear to blend legal rules with seemingly non-legal requirements: for example

five times daily, muslims are required to ray while facing mecca affluent muslims are required to pay an annual poor tax to indigent muslims as part of a purification process and obligation to their community among sharia's complex laws concerning inheritance is a rule that if a man and a woman (a brother and sister, for example) both stand to inherent money or other property, the female's share generally will be half that of the male's share fasting between dawn and sunset is required daily during the month of Ramadan

ability to consummate

for marriage to be valid both people must be able to consummate it if one or both parties are impotent due to some incurable or mental disability, the marriage may be annulled

Lord Atkin

formulated his "neighbor principle" which deals with every person's obligation to take care when engaging in an activity—any activity—that might affect other people. Draws directly from the biblical parable of the good Samaritan

Customary law:

fuller defines it "customary law is not the product of official enactment, but owes its forces to the fact that it has found direct expression in the conduct of men toward one another" Term customary aw is often applied to a original lawd and to the laws of subgroups within a state—that is, laws that the subgroup considers binding but the differ from state sanctioned positive law The term customary law also refers to a type of international law—ruls that are based on conventional, habitual practices in the relations between states

section 3—5 of the charter

further allow our democratic system of government to further to function by giving every citizen of Canada the right to vote, and by limiting the duration of legislature and ensuring that there is an annual sitting of our legislative bodies.

Section 92(10)

gave the Parliament of Canada the power to declare some provincial works "to be for the general advantage of Canada" and thus come under federal control

section 92 of the constitution

gave the provinces jurisdiction over matters that were more local in scope, such as municipal institutions

Many in the women's movement began to lobby governments over concerns such as

gay equality; access to good, affordable daycare; violence against women; sexual harassment; reproductive rights; family law reform; pension reform; and education

types of rules three types of categories

general norms or standards of behaviour condition rules power-conferring rules

Analytical jurisprudence

generally concerns critical, explanatory, and value-free assessments of the laws

Normative jurisprudence

generally concerns the rightness or wrongness of the law based on various conceptions of justice, fairness, and morality Normative legal analysis depends less on logic and empiricism than analytical jurisprudence does Some normative analysis focuses on the consequences of a particular law

Restitution damages

generally cover moneys—deposits and part payments, for example—that the innocent party paid over to the other party

section 92(14) of the Constitution Act, 1867

gives the provinces jurisdiction over "the administration of Justice in the Province, including the constitution, maintenance, and organization of provincial Courts, both of civil and of criminal jurisdiction, and including procedure in civil matters in those courts

lawyers can and do change jobs, and the demand for lawyers in many areas are expanding. The following are some related career possibilities within the legal services market available to lawyers:

government legal aid in-house counsel administrative board, commission, agencies, and tribunals public interest advocacy organizations the judiciary legal publishing meditation, arbitration, and negotiation teaching

Part XXVII

governs appeals for summary conviction offences

public law

governs relationship between a state and members of the state

section 1 of the Charter

guarentees the rights and freedoms it sets out, but also states that they are not absolute. They are subject to "reasonable limits." The wording is as follows: 1. The Canadian Charter of Rights and Freedoms guarentees the rights and freedoms set out in it subject only to such reasonable limits prescribed by laws as can be demonstrably justified in a free and democratic society laws prohibiting such behaviour (threats of killing others) may not be acceptable insofar because they impose "reasonable limits" on this Charter freedom

Aborigional organizations

had slowly begun to form, first at the provincial and later, in the 1960s, at the national level They pressured the Canadian government to change its policies toward aboriginal peoples, and their efforts began to meet with some success.

The constitution's definition of Aboriginal rights

has been criticized by some for preventing the adaptation of these rights to today's needs and circumstances; in effect, rights in the post-contact era are largely "frozen" according to pre-contact practices

the phrase "Laws of Canada" in section 101

has been interpreted as limiting the jurisdiction of these courts to disputes involving federal (as opposed to provincial) laws

Dicey's

he popularized the phrase "rule of law" in his most influential work, An Introduction to the Study of the Law of the Constitution

provincial superior courts

historically related to the English royal courts of justice and have inherent jurisdiction over all civil and criminal law disputes in their respective provinces jurisdiction very often overlaps with that of the inferior court The rational for going to the provincial superior court might be that the higher court's decision will have greater precedential value The higher provincial courts are not required to hear all claims brought before them. In certain circumstances, the superior court can transfer such cases to the lower court on its own initiative

The doctrine of parliamentary sovereignty

holds that parliament has total power. It is a doctrine that became entrenched in 17th-century England, as parliamentary power superseded that of the crown

Section 691 of the Criminal Code

identifies appeals as of right

motor vehicle accident

if a defendant's driving falls below the standard of a "reasonable motorist" (element A: the standard care of element), and this causes a loss to the plaintiff (Element B: the causation element), and the loss is a compensable form of injury (element C: the damages element), then the defendant is liable in negligence and obliged to pay damages to the plaintiff (X: the legal result)

2. standard of care and breach

if duty is recognized, the question arises whrther the defendant has acted in accordance with that dity. This tends to be the most frequently disputed element in a negligence case.

persuasive

if no binding authority is found—and sometimes even if it is—researchers may find it helpful to search for persuasive authority from other jurisdictions

annulment

if spouse can consummate marriage and refuses, or refuses to cure a disease, marriage not be able to obtain an annulment

developing new precedents

if there is neither a binding precedent applicable to a case nor a persuasive precedent from another jurisdiction, litigants may call on the court to develop a new precedent if the court feels that establishing a new precedent might be too contentious or radical a step, it can leave the matter for elected representatives to address through legislation

Leasehold interests

imply an obligation to payrent When an owner leases her property to someone, she creates a landlord—tenant relationship. The owner is the landlord, or lessorm and the renter the tenant, or lesse

Canada Consumer Product Safety act (CCPSA)

in 2011, the Canada Consumer Product Safety act (CCPSA) came into force, bringing Canada's consumer protection laws in line with the new realities of international manufacturing and the marketplace, and responding to the desire of consumers for more information about the product they use the purpose of the CCPSA, set out in section 3, is to protect the public by addressing or preventing dangers to human health or safety that are posed by consumer products in Canada, including imported products the Act applies to consumer products that individuals may use for non-commercial purposes—such as domestic, recreational, and sports purposes—as well as to their parts, accessories, and packaging

the Competition Act

in Canada today, the Competition Act is the principle federal statute regulating trade and commerce with respect to conspiracies, trade practices, and mergers that affect competition the act authorizes the federal governments to take action in several ways against those who it alleges violates its provisions, either through criminal proceedings or by reviewing less serious matters by the Competition Bureau and the Competition Tribunal

law society

in Canada, the legal position is under provincial jurisdiction, is self-regulated, and is under the supervision and direction of the law society of each province or territory—in other words, its governing body of lawyers

common law marriage

in general couples, including same-sex couples, living together for more than two years take on some rights and obligations of married couples under federal tax legislation, two people qualify as a common law couple if they cohabit in a conjugal relationship for just one year or if they have a child together support obligations apply only to couples who have been together for 3 years or who have a child together where no division-of-power rights exist, the main way common law partners can protect themselves in the event of breakups is through a cohabitation agreement—in other words an agreement between unmarried couples that deal with property rights

POGG power

in section 91 appears to give Parliament a general residuary power—that is, jurisdiction in any area that the Constitution does not explicitly assign to either level of government. The court recognizes the residuary aspect of the federal government's POGG power. At the same time, they have also taken a broad, inclusive view of the areas under provincial jurisdiction, and interpretations of POGG power by the courts since Confederation have placed limitations on it. Besides the use of the POGG clause to cover jurisdiction gaps, the courts have used it to authorize the federal government to legislate in areas that have a national dimension or concern The third and final use of POGG clause us to deal with emergencies. The federal government's emergency power has been used to justify legislation in times of war or insurrection and to control inflation

limited liability partnership (LLP)

in which partners are not liable for each other's professional negligence limited liability partnership (LLPs) are available across Canada—for lawyers and accountants in all provinces except PEI, and in the Northwest Territories. The governing legislation in each jurisdiction where they are permitted sets out the rules for creating LLPs, and the attendant rights and responsibilities attaching to this business structure province's Partnership Act provides that an LLP is formed when two or more persons sign a written agreement that designates their partnership as an LLP and states that the Partnerships Act governs the agreement under this Act, the firm name of the LLP must be registered under Ontario's Business Names Act, and the firm name must also contain the words "limited liability partnership" or "LLP

purposes under section 718 of the code

include (1) providing reparations for harm done to victims or to the community, and (2) promoting a sense of responsibility in offenders, and acknowledging the harm done to victims and the community

the principal constitutional statutes

including the Constitution Act, 1867 itself (formerly called the British North America Act, or BNA Act), were written and passed at the request of the anadians

customary law at the state level

independent customary legal systems were numerous before the modern era according to JuriGlobe, only three customary monosystems exist in the world today other nations with customary systems have mixed them in varying combinations with common law, civil law, or muslim law systems

other key provisions of the Act include the following

industry must provide Health Canada and suppliers of products with information related to safety incidents or product defects that could result in death or harmful health effects packaging, labelling, and advertising must not mislead or deceive consumers as to the safety of a product certain records must be kept by manufacturers, importers, advertisers, vendors, and testers of consumer products in order to make it possible to trace unsafe products back to their source manufacturers or importers may be required to provide or obtain information about their products (including studies) so that Health Canada can verify that a product is in compliance with the requirements of the CCPSA

misrepresentations may be

innocence negligent fradulent

Canada's constitution

is a collection and unwritten practices and traditions. It is the supreme law of Canada, outlining our system of government and guaranteeing our rights and freedoms under the Canadian Charter of rights and Freedoms.

Youth Criminal Justice Act (YCJA)

is a federal statute that deals with young persons who commit crimes in this country. YCJA applies to young persons who are between 12 and 17 when they commit a criminal offence

Legal realism

is a field of jurisprudence that arose in the 20th Century. It was largely a response to the emphasis on logic that dominated British positivist theory in the 1800s Advocated a more intensely empirical study of the process by which laws are made and applied, and they argued that law is subject to many of the flaws and weaknesses of other human activities

mortgage

is a kind of charge against land that secures a debt owned by the landowner. The modern concept of a morgage differs from the traditional concept traditionally, a mortgage involved transferring the landowner's title to the land to the lender. The lender would hold this title as security against the loan, with a promise to transfer title back to the owner once the latter had repain the mortgage in full if the owner missed a payment, the lender was entitles to keep the land in full mortgage have been simplified by legislation and no longer involve the transfer of title to the creditor `mortgagors are still given redemption periods, and mortgagees are still required to bring foreclosure proceedings in they wish to take over the property

corporation

is a legal entity separate from those who create it because it is independent from its owners (the shareholders) and those who manage it (the directors and officers or their appointees), these individuals are in most cases not personally and legally liable for the company's debts and obligations when first incorporating a company, one must consider who will provide the initial investment and be its shareholders, and who will be its directors and officers incorporating under the federal Canada Business Corporations Act ensures a right to carry on business anywhere in Canada and provides increased name protection a corporation is created when its incorporators file with the appropriate government office a document known either as (depending on the province) letters paten, memorandum of association, or—in the case of federal incorporation—articles of incorporation

the criminal code

is a lengthy and complex statute that defines and classifies criminal offences, and describes the procedures for prosecuting them. It also provides directions for sentencing. The code is composed of 28 parts, each concerned with a specific subject area

the criminal standard of proof

is a much higher standard of proof "beyond a reasonable doubt" In contrast to civil matters, which require proof on a balance of probabilities.

specific performance

is a remedy whereby the court orders the party in breach to perform his obligation as promised by transferring the property or—more rarely—by performing the service agreed to

rescission

is a special remedy whereby the contract is cancelled and the parties are returned to the positions they were in just before the contract was entered into it is most often claimed for material misrepresentations that were made before the contract was entered into

hybrid offence

is also called a dual procedure offence or a Crown election offence. This means that the Crown attorney has the option of choosing whether to prosecute it as a summary conviction offence or as an indictable offence

intellectual property (IP)

is an area of private law that is, for the most part, regulated at the federal level IP is increasingly traded—some would say stolen—across national boundaries becoming part of the intellectual "human" commons

Critical legal studies

is an outgrowth of American legal realism. Largely concerned with exposing law as an instrument of the rich and powerful

rectification

is an unusual and limited remedy that applies where the parties have made a mistake in recording the terms of their contract in a written document

chose in action

is another example of an intangible personal property right A chose in action is the right to sue someone for an unpaid debt or other liability

express term

is one that the parties havdput their minds to and delebriately included in the contract

Legal Custody

is the right to make important decisions about how to care for and raise a child, for example: the child's school and educational programs the child's religion, where the child will live, usually with the parent with legal custody other activities for the child, such as sports, tutoring, and music lessons, the child's legal name, and health care decisions for the child

Two principles for of co-ownership are

joint tenancy and tenancy in common

Under the Family Law Acts. 5(6

judges have a narrow discretion to vary the equalizing payment if the calculation would result in an "unconscionable situation," for example because the marriage was very short and the entire value of the matrimonial home is being shared

judicial independence

judges should be free to make decisions based on the law without threat of negative consequences should their decisions be unpopular

obiter dicta (sometimes shortened to obiter)

judicial statements about the law that may be of interest but that are not necessary to the decision in the case This is Latin for "statements said in passing"

distinctive justice

justice is concerned with the disjunction of wealth in a society; it provides for the distinction of a states' bounty according to merit, and it looks forward to later theories of distributive justive

Writing a judgement is

labour-intensive and time consuming. Judges often confer with their clerks and develop a draft judgement, which may require further research at the Court's own library

Dicey's three core rule-of-law principles as follows:

law must have supremacy over the influence of arbitrary power. It follows from this that no one can be punished except for breach of an established law as determined through an established process before the courts no one is above the law whatever his place in society or, to put it another way, the law applies equally to everyone. And, again, it is recognized judicial processes that will make rulings to ensure this occurs personal rights and liberties must be protected by giving every person the ability to apply to the courts for a remedy should any of those rights and liberties be denied

benchers

law societies are composed of a small executive group of elected lawyers known in most jurisdictions as benchers, and might have some government appointment non-lawyers known as lay benchers

domestic law

laws of a particular state

joint tenants are not allowed to

leave their share in a will because of the right of survivorship

binding

legal researchers start by looking for binding authority from the decisions of higher courts

Personal property security

legislation provides for the registration of a creditor's interest in personal property that the debtor control or possesses

youth sentences are generally

less severe than adult sentences, but in some cases the Crown can apply to the court to have the youth sentenced as an adult. An adult sentence may be appropriate when the youth sentenced as an adult

Caveat emptor

let the buyer beware when purchasing a new product

Superior courts

like the inferior courts, the superior courts fall into two categories: provincial/territorial and federal

Joseph Raz

listed the following eight: All laws should be prospective, open, and clear Laws should be relatively stable The making of particular laws should he guided by open, stable, clear, and general rules The independence of the judiciary must be guaranteed The principle of natural justice must be observed The courts should have review powers over the implementation of other principles The courts should be easily accessible Crime-prevention agencies should not be allowed to pervert the law at their discretion

HLA Hart and Joseph Raz

made the point that a person's holding positivist beliefs does not prevent her either from having moral standards or from advocating for their legal recognition

advantages and disadvantages of LLPs

main advantage of the limited liability partnership is that one partner is not liable for the professional negligence of another partner, though the negligent partner himself cannot hide behind limited liability protection one limitation on this form of business structure is that, even where it is recognized, it is generally not available to all professions or businesses

Children: Custody and access

main issue concerning the children is whether there will be joint or sole custody if there is no divorce, any non-negotiated resolution will have to be made under provincial or territorial family law legislation

section 6 of the Charter

makes it easier for Canadians living in another the guarantee of mobility rights provided for by section 6 brings up an interesting issue related to doctors

incapacity

may also be raised as an excuse by weaker parties

principle-agent relationship

most common employer-employee The general rationale for vicarious liability is as follows: even though the employee rather than the employer has caused the damage, the employer should bear the responsibility for the damage because the employer's enterprise has put the risk into the community. The plaintiff can still sue the employee as the primary tortfeasor (that is, the person who commits the wrong), but vicarious liability gives the injury party an additional and typically "deeper pocket" to claim from

produce a great number of negligence claims

motor vehicle accidence, impaired by drugs or alcohol sports, aggressive behaviour lead to intentional tort claims such as battery. Excessibley careless behaviour can similarly lead to negligence claims manufacture of defective products substsandard construction professional malpracrice careless words (or negligent misrepresentation careless inspections

Applicants

must file written submissions with the court. In most cases, these submissions are considered by one of three panels that have been selected by the chief justice of Canada

For the intentional torts, the defendant

must have intended to bring about the consequences of his actions. With the tort of negligence, it is necessary to prove that the dfendant's conduct fell below a reasonable standard of care

Justice

must prevail regardless of consequences

torrens system

named after Robert Torrens, the Australian who first devised and implemented the system in 1858. The Torrens system and systems modelled on it eliminate the transfer of title by deeds, replacing them with statuatory transfer forms

ethics vs morality

no accepted distinction between morality and ethics one view morality focuses on personal character and behaviour, whereas ethics focuses on standards of behaviour in defined social settings, within specific groups of individuals

section 4 food and drugs act

no person shall sell an article of food that (a) has in or on it any poisonous or harmful substance; (b) is unfit for human consumption (c) consists in while or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance (d) is adulterated; or (e) was manufactured, prepared preserved, packaged or stored under unsanitary conditions

another specific area the act covers is motor vehicle repairs, a major concern for all consumers who drive. Part VI of the Act helps to protect drivers against inflated bills for car repairs. Among its provisions are the following:

no repairer shall charge consumers for any work or repairs without first fiving them an estimate (section 56(1)) a repairer cannot charge a fee for giving the estimate unless the consumer is told in advance that a fee will be charged (section 57(1)) repairers cannot charge for any work or repairs unless the work and repairs have been authorized by the consumer (section 58(1)) a repairer shall be deemed to warrant all new and reconditioned parts and labour for a minimum of 90 days or 5,000 kilometers, which comes first (Section 63(1))

your partner is given a sentence with a term of probation, there will usually be conditions imposed. The conditions can include that he:

not contact you directly, indirectly, or through a third person, not come within a certain distance of your home or your workplace (for example, 100 metres), only contact you and the children as set out in a family court order, report to a probation officer regularly, not use alcohol or drugs, attend and actively participate in treatment or counselling for substance abuse, partner abuse, or anger management, or not own, possess, or carry a weapon

For persons to be found guilty of a criminal offence

not only must they commit a particular criminal act, they must do so with a blameworthy guilty mind or with a particular intention.

In Canada, there are recognized to be three main aspects of judicial independence

o 1. Security of tenure o 2. Financial security, and o 3. Administrative independence

the courts have interpreted their power to deal with unconstitutional legislation broadly, such that a range of responses are possible. These include:

o 1. Striking down the legislation altogether and declaring it invalid (this is the most extreme response); o 2. Severance of a portion of the legislation (if only part of the statute contravenes the Constitution—for example, a particular section—the court can declare that just that part is invalid and server it from the rest of the legislation); o 3. Reading down (with this remedy, the court narrowly interpret the legislation to ensure conformity with the Constitution); o 4. Reading in (this remedy is a little more activist and involves adding language to the legislation to ensure conformity with the Constitution o 5. A constitutional exemption (with this rarely used remedy, and so far never used by SCC, the court does not declare the legislation invalid, but finds that it doesn't apply to a particular person or class of persons); and o 6. The temporary suspension of an order declaring the legislation or part of it invalid

Directors therefore typically perform the following duties (or make the following corporate decisions):

o Issue shares and corporate securities; o review, approve, and sign the annual financial statements; o declare dividends; o administer the corporate by o laws and corporate/business policies; o call meetings of shareholders; o appoint officers; and o oversee the management of the business of the corporation, including the approval of major transactions (which sometimes also require shareholder approval).

descriptive perspective

observing what a particular community believes to be right or wrong

normative

observing what a particular community believes to be right or wrong

distinction between deontological and instrumentalist conceptions of justics

offers us a general organizing principle, and a context in which to discuss three established and commonly cited models of justice: corrective justice, retributive justice, and distributive justice

advantages and disadvantages of corporations

one legal advantage of this business structure is that the owners and directors of a company are not personally liable for its debts and obligations another advantage, for public companies, is that the corporation can sell shares to raise new capital disadvantages for public companies include the cost and complexity of running them because of the detailed securities regulations that apply, and because of the increased costs that are associated with those regulations

superior court of criminal jurisdiction

one of the most serious indictable offence is murder, along with some others listed under section 469 of the code, such as treason and piracy. These offences must be tried before a judge and jury in a province's superior court of criminal jurisdiction, unless both the accused and the attorney general consent to a trial before a superior court judge alone under section 473 of the code

conspiracy

one serious criminal offence under the Competition Act is conspiracy in relation to competition. The offence of conspiracy Is identified in section 45 of the act. It applies to persons who conspire with competitors to lessen competition—and thereby exploit consumers—in ways outlined in the section criminal proceedings are carried out in criminal court by the federal Department of Justice

legal education for paralegals

paralegals work under lawyers' supervision and assist them in various practice areas. Generally, they are not permitted to give legal advice and do not represent anyone in court matters in Ontario, licensed paralegals may represent people in some lower-level courts and before administrative bodies most paralegals today are graduates of a specialized certificate or diploma program at a college or university some academic institutions now offer a four-year degree program in paralegal education currently, the law society of upper Canada (LSUC) is the only law society to regulate paralegals, requiring them to be graduates of an accredited paralegal program and to pass a licensing exam

the Constitution Act, 1982 is divided into seven parts

part 1: Canadian Charter of Rights and Freedom (the Charter), which is argumably most important. It guarentees certain rights and freedoms, and has become the main basis of Canadian civil liberties Part II: addresses aborigional rights Part III concerns the joint federal and provincial commitment to equal opportunities for Canadhan regardless of regional disparities in wealth, as well as the federal commitment to equalization payments for the less wealthy provinces Part IV and IV.I, now both repealed, dealt with constitutional conferences Part V sets out the amendment procedure for the Constitution of Canada Part VI contains amendments concerning provincial power over natural resources, forestry resources and electrical energy Part VII of the Act is entitle "General" and covers miscellaneous matters such as minor amendments, English and French versoins of the legislation, commencement dates for certain provisions and citation protocols.

fiduciary duty

partners also owe a fiduciary duty to each other, which required to act carefully and reasonably in their partnership dealings

A principle is considered "efficient" if

people in general can be shown to follow it independently of any legal rules requiring them to do so

self-defence

person not guilty if he believes on reasonable grounds that force is being used against him or another person or that a force is being made against him or another person purpose of defending or protecting himself or the other person from that use or threat of force the act committed is reasonable in the circumstance

different activities can lead to different types of harm. The following forms of loss or injury can be the basis of a negligence tort claim:

personal injury SCC has set an upper limit for non-pecuniary losses (that is, losses like pain and suffering that are not financial matters, of $300, 000. Psychological injuries often accompany these bodily function and make up another element of plaintiff's claim. So do financial losses—for example, loss of earnings, and care costs. Financial losses are not subject to the SCC's upper limit and, in serious cases, such as those involving paralysis, can be in the millions of dollars psychological injury when claimed alone, the injured party must prove that the injury is a recognized mental disorder. Financial losses may accompany such claims property damage. Negligent conduct resulting in property damage (floods, vehicle accidents) can lead to liability pure economic loss. In limited circumstances, such losses can be recovered. Common examples are investment losses—a case where a financial advisor negligently advises a client about an investment—or a loss resulting from an accountant or lawyer's carelessly structuring a business transaction

Criminal conde 6(1)(a)

prescribes that a person shall be deemed not to be guilty until he is convicted or discharged of the offence

statutes

primary form of legislation

origins

principles related to the rule of law appear in the legal culture of Greeks and Romans not recognized during dark ages resurfaced during middle ages most famous legal document signed by King John of England by Magna Carta

riparian rights

properties next to lakes or rivers have something called riparian rights attached to them. Riparian rights include the right to make reasonable use of the water for activities such as swimming, fishing and boating, and even the right to divert some of the water for drinking, washing, and irrigation

section 13

protectis withness against self-incrimination, providing that "a witness who testifies in any proceedings have the right not to have any incriminating evidence so given used to incriminate that witness in any other proceedings, except in a prosecution for perjury or for the giving of contradictory evidence

section 7-14 of the Charter

provide important legal rights for Canadians who may enter the criminal justice system, protecting people charged with an offence

section 101

provided for the parliament of Canada to establish a "general court of Appeal for Canada"

Section 53 of the Supreme Court Act

provides a third way for a matter to come before the SCC Under this section, the Governor in Council (the federal Cabinet) may refer important questions of law or fact to the SCC for an advisory option

Part V of the act

provides for simpler amendment procedures if the proposed change affects only one or two provinces or the federal government alone

Provincial and territorial areas of consumer protection

provinces and territories are also involved in this area, and have enacted legislation specifically focused on the protection of consumers this legislation defines a consumer as someone who has entered into a transaction "for personal, family or households purposes" and excludes from its application business or commercial transaction

the inferior courts fall into two categories:

provincial/territorial and federal

In 1981 organizations representing the first nations, metis, and inuit people of Canada

put pressure on the politicians to allow them to participate in the constitutional amending process They argued that Aboriginal peoples were key stakeholders in Trudeau's constitutional reform process Aboriginal organizations and their leaders soon realized that they needed to be even more active politically They sent representatives to England to express concerns about the british parliament, using their historic treaty relationship with the English Crown

The purposes of spousal support are to:

recognize a spouse's contributions to the relationship, share the financial costs of providing care for a child, relieve financial hardship that may arise at the end of a relationship, help a spouse become able to contribute to his or her own support, or correct any economic advantage or disadvantage to a spouse caused by the relationship or the relationship breakdown. For example, if a spouse gave up their job to care for the children, they may not be able to become self-supporting right away.

Section 35

recognizes existing Aboriginal and treaty rights, defines aboriginal peoples of Canada, specifies that treaty rights include rights by the way of land claims agreements, and guarentees aboriginal and treaty rights equally to both sexes within the Aboriginal population Disagreement between the government and Aboriginal peoples as to what is and what is not an Aboriginal right.

Dicey's first principle

recognizes that arbitrary application of state power will lead to discontent

the following changes, in particular are noticeable in today;s legal environment:

recruitment rise of the megaform collaborative teams work-life balance

Nominal damages

refer to damages that reflect the breach of a right where no actual loss has been sustained. While many torts—negligence, most notably—required to plaintiff to prove an actual compensable loss in order to bring an action in the first place When no actual loss has been sustained as a result of one of these torts, an award of nominal damages is possible. The word "nominal" in this context doesn't mean small, and such awards are not required to be small; however, unless the tortious behaviour in question is particularly extreme, nominal damage awards do tend to be relatively small

liquidated damages

refer to damages that the parties have calculated in advance

consanguinity

refers to a blood relationship between relatives

case law

refers to decisions of the courts They range from complex constitutional law appeal cases with multiple judgements hundreds of pages long, to simple one-paragraph oral decisions; from clearly written, well-reasoned, and well-researched judgements that have become leading precedents, to poorly written and reasoned decisions that are soon forgotten It is not possible for anyone, legal professional or lay person, to master all the case law in Canada

Formal validity

refers to the formalities or ceremonial requirements of a marriage, and these matters come under provincial jurisdictions

soverign

refers to the person or agency who receives habitual obedience in a given society

affinity

refers to the relationship that a person has to the blood relatives of his or her spouse

section 24

reflects the desire of many in Canada to formally entrench civil liberties and rights in a central document that Canadians could use to protect and enforce their rights and freedoms it provides that if a person believes her Charter rights have been infringed or denied, she can turn to our courts for assistance

Controlled Drug and Substances Act

regulates certain kinds of dangerous drugs abd barcotics in Canada, called "controlled substances."

The supreme Court Act

requires that three of these judges be appointed from Quebec

"extrajudicial measures,"

requiring a police officer to consider, for example, giving a warning to a young person or making a referral to a community program before starting judicial proceedings; giving young persons the right to retain and instruct consel without delay at any stage of the proceedings; requiring parental notice of thei child's arrest; and provisions relating to the sentencing, custody, and supervision of young persons in parts 4 and 5 of the act

Margaret Mead

research suggested possibilities concerning natural moral standards—a natural law grounded in human nature itself, examined across cultures

Mediation was used to

resolve disputes and restore the offender to a harmonious relationship with the rest of the community, through the acceptance of responsibility and through making the necessary amends, both to the victim and the larger community

retributive justice

retributive can be viewed either as an end in itself—that is, as a self-evidently appropriate response to morally wrong behaviour—or as the means to socially worthwhile objective, such as public safety or appeasement

basic rights and responsibilities in marriage

rights and obligations to each other and to their children level of support is usually based on a test of what is reasonable in the circumstances, with regard to such things as the role of each spouse in the family, express or implied agreements on the matter, care-giving obligations for any children and economic status

law in pre-norman England: Romans and Anglo-Saxons

roman era. Romans introduced legal system to England other invadors succeeded romans in England each Germanic tribe had its own system of german laws

section 12

safeguard against cruel and unusual treatment or punishment

this civil reviewable matter goes before the Competition Tribunal, which investigates the matter. An example of reviewable conduct follows:

sales above the advertised price. Described in section 74.05(1), this reviewable conduct occurs when a person advertises a product as being on sale and during this time supplies the product at a higher price than advertised

English monarchs set up three separate royal courts of justice

the court of common pleas, the court of kings (or queens) bench and the exchequer court

Section 96

says nothing, however, about the cabinet's appointing federal superior court judges. In their case, the federal Cabinet's appointment power comes from section 101. This constitution, maintainence, and Organization of a General Court of Appeal for Canada, and for the Establishment of any additional Courts for the better Administration of the Laws of Canada" The appointment of territorial superior court judges follows the same process as that of provincial superior court judges

section 20

section 20 concerns misleading or deceptive labelling, packaging, treatment, selling, processing, and advertising of such devices

section 7(a) and 8(a) of the CCPSA

section 7(a) prohibits manufacturers and importers from manufacturing, importing, advertising, or selling consumer products that constitute a damage to human health or safety section 8(a) prohibits anyone from advertising or selling a consumer product they known is a danger to human health or safety

Section 40(1) of the Supreme Court Act

sets out the main criteria that court considers when deciding whether to rant a party leave to appeal. Under this section, the SCC may grant leave if it is of the opinion that the case involves

section 11

sets out the rights of individuals who are charged with an offence

articles

some members of the legal community have adhered to the belief that traditional English vocational methods for training lawyers should be followed these methods were based on an apprenticeship model whereby law students served under "articles"

Section 11(d)

states a person charged with an offence has the right "to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal"

Section 32

states that the Charter applies to all matters of the federal, provincial, and territorial governments within their respective jurisdictions or spheres of authority

rule in Rylands v Fletcher

strict liability involving dangerous substances is based on the so-called rule in Rylands v Fletcher. The rule here is that a person who brings a dangerous substance (or uses in a dangerous way a substance that is not ordinarily dangerous) onto his property is answerable for the damage it causes if it should escape

Animals

strict liability principles can also apply to owners of animals. Unlike dangerous substances, strict liability for damage caused by animals, whether they are wild or domestic, is generally not predicated on their escape from the defendant's property

Arguments in favour of decriminalizing certain acts

such as possession of small amounts of marijuana for personal use—have arisen that many people today consider persuasive, which may result in future changes to the criminal code

Holmes

suggested that non-legal disciplines, such as history and economics, can help us understand judges' decision making

chattels

tangible, movable objects such as furniture, equiptment, and cars are sometimes referred to as chattels. Interests in them are referred to as corporeal interests

section 16(1) provides

that "English and French are the official languages of Canada and Have equality of status and equal rights and privileges as to their use in all institutions of the Parliament and government of Canada"

qualifications for the Federal court and federal court of appeal are identical except

that a candidate must also be or have been "a judge of a superior, county or district court in Canada"

Section 11(b) states

that any person charged with an offence has the right "to be tried within a reasonable time"

the royal commission on Aboriginal peoples recommended

that the federal, provincial, and territorial governments "recognize the right of Aboriginal nations to establish and administer their own systems of justice," and others, such as the Aboriginal Justice Implementation Commission of Manitoba, have recommended an autonomous Aboriginal justice system to address the failure of the current criminal justice system for Aboriginal people

intestate

that underlying ownership only manifests itself if a person dies intestate—that is, without having made a will—and has no relatives who can inherit the land on an intensity

what section 52 tells us

the Constitution of Canada includes not only the Canada Act 1982, the Constitution Act, 1982, and the Canadian Charter of Rights and Freedoms, but also the 30 statutes and orders listed in the Schedule to the Constitution Act, 1982 section 52's list of Acts and orders is not exhaustive. The supreme Court of Canada (SCC) has held that other laws may be included in the Constitution of Canada any statute, law, or order is entrenched then, if it is part of the Constitution of Canada as defined by section 52 of the Constitution Act, 1982

Part V of the Constitution Act, 1982sets out

the amendment procedure. Generally, an amendment will require the agreement of parliament and of two-thirds of the provinces, with the support of at least 50% of the general population

Without the privilege of confidentiality...

the client and lawyer do not have the security they need to properly defend charges, to advance claims, and to seek and give advice

code included 4 main parts:

the codex, containing a collection of imperial edicts on private law matters the digest, containing roman jurists' commentary on these laws the institutes, providing a textbook portion for roman law students; and the novels, detailing new laws applicable to this area

provincial inferior court judge: appointment authority and process

the constitutional jurisdiction for the appointment of judges to the provincial inferior courts flows from sections 92(4) and (14) of the Constitution Act, 1867 each provincial legislature has in turn delegated this power, by way of its provincial courts legislation, to the Lieutenant Governor in Council. The provincial executive branch, therefore, is responsible for appointing judges to this level of court The appointment process varies slightly from province to province, but all provinces now have judicial councils created under their respective provincial courts legislation

illegality

the defence of illegality historically applied only if the plaintiff and defendant had been involved in criminal or immoral activity at the time of the injury. More recently; this defence has been all but abolished by the SCC

intentional torts

the defendant's intentional behavior defines these torts. In other words, the defendant intended to bring about the consequences of his actions or at least knew that the consequences were likely to result

examples of situations with misfeasance:

the driver of a motor vehicle fails to properly secure a child passenger a bar owner fails to ensure that a drunken patron has a safe ride home, or a manufacturer omits to warn consumers about the risks associated with its product

"the Crown"

the executive authority here in Canada—that is, the federal and provincial governments, which we refer to as "the Crown"—holds the underlying title to all the land

there are three important factors that a court may take into consideration when establishing a new precedent:

the existence of similar cases the approach taken in other jurisdictions, and policy considerations the court might see a common thread that connects them all; these cases may reveal a common direction in which the law is moving a second factor that court might consider is the approach that other courts, in the jurisdictions, have taken to the issue at hand policy is the third factor the courts might consider when deciding whether or not to recognize a new precedent

provincial and territorial

the fact that the judges in these provincial superior courts are federally appointed ensures balance. Balance is needed because of the power these provincial courts have to adjudicate certain federal matters it should also be noted that it would be unconstitutional for the provinces to assign to provincial inferior courts matters that historically—at the time of confederation—were adjudicated by superior courts/

federal superior courts (sometimes just called federal courts)

the federal superior courts (sometimes just called federal courts) are: the federal court, the federal court of appeal the tax court of Canada the court marital appeal court

In 1917

the first woman was elected to provincial office, in 1929, women were still not considered "persons" eligible to become senators

section 718.1 of the Code

the fundamental principle of sentencing is expressed in section 718.1 of the Code, which states "A sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender"

Two event in particular proved critical in bringing Aborigional demands into the pblic awareness during Trudeau's constitutional patriation process

the gederal governmnet's 1969 white paper on Aborigionals, and thr SCC's recognition in 1973 of Aboriginal title to land in a case involving the Nisga'a in BC

Torts involving negligence

the largest area of tort law is the law of negligence. It covers almost every type of human activity. Personal injury cases, especially those resulting from motor vehicles accidents, are the most commonly litigated negligence cases unlike intentional tortious behaviour, which is made up of numerous individual torts with their own names and special rules, the tort of negligence has one set of rules, developed by the courts, that cover most instances of carelessly inflicted injury

ronald Dworkin

the law is a "seamless web" connected by these principles, dictating a correct answer to any legal problem

duty

the law must recognize that the defendant had an obligation or duty to take care to avoid injuring the plaintiff, goven the relationship between the parties and the activity in question

theory and origins

the law of retaliation, or lex talionis, is often cited as the guiding principle of retributive justice. Retaliation, which is linked to revenge, has always been part of the human behaviour Some of the oldest references to lex talionis are in the Code of Hammurabi, a collection of Babylonian laws compiled around 1750 BCE

section 738 of the Criminal Code

the losses may relate to bodily harm, psychological harm, or property damage. Restitiutionary orders are in line with the general purposes and principles of sentencing under the criminal code.

limited vs general partnership

the main difference between a limited partnership and a general partnership is that, in a limited partnership, not all partners participate in the business

the right of survivorship

the main feature of the joint tenancy is the right of survivorship, or jus accrescendi. This means that on the death of one co-owner the remaining co-owner automatically inherit the decreased owner's share

inferior courts

the main inferior courts are the provincial and territorial ones. Their jurisdiction typically is over the following: criminal matters (not the most serious crimes, such as murder and treason, which go before the provincial superior courts) family and youth matters, and small claims disputes

damages

the main remedy available to the victim of a tort is damages. There are many different ways to classify damage awards. One way is to classify them according to the purpose the award serves

Fuller

the morality of law wrote about the connection between mortality and law does not believe that we discover natural law through external absolutes based on religion or real. He believes we find "natural" moral standards through analyzing social behaviour and humans mature

the higher the level of court from the other jurisdiction

the more persuasive the decision

Oppression remedy:

the oppression remedy is perhaps the most important weapon a shareholder may wield. It effectively permits a sharehold—or a debtor of the corporation—to sue the corporation for a personal remedy where the corpoation's alleged unfair, or "oppressive", treatment has caused the shareholder or debtor harm

constitutionally entrenched statutes

• are ones that cannot be changed by ordinary federal or provincial legislation. Generally speaking, a statute is only entrenched if it requires a special process to change it

aboriginal people and the Criminal justice system

the overrepresentation of Aboriginal people in Canada's criminal justice system, especially corrections, has reached alarming proportions a range of studies, task forces, royal commissions, conferences, and inquiries have highlighted the adverse impact of the enforcement and administration of criminal law on Aboriginal people, and put forth suggestions for intervention

common law

the part of English law that is derived from custom and judicial precedent rather than statutes. Often contrasted with statutory law arose in England defining feature is that judges follow precedent

Damages

the plaintiff has to show that she has suffered, or will suffer, a loss or injury that the court recognizes as worthy of compensation, such as personal injury, serious psychological injury property damage, or financial loss "ordinary" inconvenience, stress, or aggravation resulting from a careless defendant's behaviour is not compensable

YCJA has a declaration of principle in section 3 that contains

the policy in Canada for dealing with young children. Act is structured to process young persons charged with Criminal Code offences from their first contact with police through to their trial and sentence with this policy in mind

mental disorder

the presence of mental disorder exempts him or her from criminal responsibility is on the party who raises the issue

sentence

the punishment imposed by a trial judge on someone found guilty of a criminal offence

personal property

the sale of personal property is regulated by legislation in most situation

If the purchaser misses a payment or otherwise goes into default

the seller can begin a process called cancellation proceedings, which are similar to forclosure proceedings. She can retake control of the property

Under the Divorce Acts.8, the one reason why a divorce order can be granted is because of "marriage breakdown". There are three reasons why marriage breakdown may have occurred:

the spouses have separated and have lived separate and apart for at least one year one spouse has committed adultery which the other spouse hasn't forgiven; or one spouse has been mentally or physically abusive to the other spouse, and that spouse can no longer continue in the marriage [cruelty]

Comparative law

the study of different legal systems

Social contract theory

the theory that human existence in a pre-civilization state of nature—a state in which people live without government, completely free—is not ideal but "nasty, brutish, and short," as Hobbes wrote in Leviathan

The Federal Court of Canada had two divisions

the trial divisions, and the appeal division

Vender takback mortgage

the vender sells the property outright to the purchaser at the time of purchase but immediately takes back a mortgage to secure the unpaid portion of the purchase price

customary law at the sub-state level

the world contains many instances of subgroups that adhere to their own legal systems within their multicultural societies in other cases, the state may not officially recognize the subgroup's legal systems, but may tolerate it for political or other reasons a state may decide to officially recognize a subgroup's right to follow its own customary legal practices or the state may go further still and recognize and "enclave system" within the main state system—in other words, a legal system within a legal system

section 96 courts

their judges appointed federally under section 96 of the Act. Because of this they are sometimes the provincial superior courts—that is, section 96 courts—have two levels: a trial level and an appeal levels. The provincial courts of appeal are the highest level of court in the provinces

Corrective justice theory

theory can be "viewed primarily as a mechanism of compensation. Its underlying organizing structure remains ground in the principle of corrective justice" primarily seen as justification for ordering compensation in private law disputes

builder's lien

there are other charges against land that creditors use to secure property owner's debts. One of these is a builder's lien, which builders use to secure amounts owed them for work done on landowner's property

Regarding the right of Aboriginal people to self-government

this is a right that aboriginal people across Canada have long demanded The treaty authorizes the Nisga'a to operate their own government and make certain laws, and provide them with authority to manage lands and resources Aboriginal affairs and northern development Canada highlights examples of the positive effects that modern treaties and self-government agreements have on aboriginal communities

sole custody

this means that parent can make all of the important decisions about the child, even if the other parent disagrees

trustee, and a beneficial owner

title to estate in land can be split been a legal ownership, the trustee may be required to ensure that the land and any buildings on it are cared for adequately and that any rents or profits are kept for or passed on to the beneficial owner split ownership of this kind is not recognized in Quebec, where ownership of property is "exclusive"; the civil law does not recognize a split between legal and equitable title

a pre-sentence report

to help them decide on an appropriate sentence, particularly in the case of a first-time offender, judges may also request a pre-sentence report, prepared by a probation officer, to learn more about the background and character of the offender

the primary goals of protection of children are as follows

to protect children from harm; to keep immediate families together if possible; to maintain kinship ties (where care by the extended family is possible); in cases involving aboriginal children, to preserve their cultural identity; and to do what is generally in the best interest of the child in all the circumstances

ratio

• of the case usually refers to the governing legal rule. It can also refer to the way in which a rule is applied to a given set of facts

Advertising Standards

to supplement federal and provincial consumers legislation, major stakeholders in the advertising and marketing industries have formed industry associations that also help protect consumers Advertising Standards Canada. Advertising Standards Canada (ASC), created in 1957, is one such body; it administers the Canadian Code of Advertising Standards, first published in 1963 ASC updates the Code regularly to ensure that it keeps pace with consumer and societal expectations

interference with persons or property the main intentional torts in this category are

trespass to person trespass to land, and trespass to goods (also referred to as "trespass to chattels").

Tax court of Canada

tribunal but is now considered a superior court Like a federal court and federal court of appeal, the tax court of Canada is an itinerant court with hearing locations in cities across Canada and regular sittings in those locations The court has jurisdiction to hear appeals from individuals and corporations concerning matters arising out of a number of federal statutes, including the income tax act, the employment insurance act, the exercise tax act (GST), the Canada Pension Plan, and the Old Age Security Act

warranty vs condition

two such terms; a breach of condition is much more serious than a breach of warranty, and the remedies required differ accordingly the word condition, by contrast, refers to the most important type of contract term—for example, payment of the purchase price or delivery of the promised goods

property law

two types: real property and personal property

In the case of residential tenancies, legislation

typically requires landlords to accept responsibility for maintaining the property in accordance with health and safety regulations

fixtures

under certain circumstances, property that would ordinarily be considered personal property comes under the law relating to fixtures, or things that are attached to the land

intangiable interest

usually absolute, although liens and charges are possible, as are trust arrangements

Laws made in accordance with the recognized process

valid without reference to external standards

Shareholder Rights

voting rights dividend rights:a dividend is a distribution of the net profits of the corporation to its shareholders Right to receive "share" of assets on dissolution:it seems intuitive that shareholders, the "owners" of the corporation, should enjoy the right to receive a share of the corporation's assets when distributed upon the corporation's dissolution Right to receive information: additionally, all shareholders have the statutory right to receive information about the corporation, such as financial statements and an annual report (particularly true public corporations which must comply with documentary disclosure requirements of both the OBCA/CBCA and securities legislations) Other rights: sometimes shareholders are able to negotiate other rights against the corporation. These rights are entirely contractual, and might include protection against "dilution", which is protection from having their percentage share position reduced because of the issuance by the corporation of new shares to new shareholders

appraisal right

where the corporation proposes to make a fundamental change to its structure, which change has been passed by the requisite two-thirds majority (the notion of a special resolution, discussed above under "voting right"), minority shareholders have the right to dissent. The right to dissent goes beyond simply voting against the special resolution, as it allows the minority shareholders to require the corporation to buy back their shares, at a fair (or "appraised") price

derivative action

where the directors commit a breach of one of their dutues to the corporation (the duty of competency or the fiduciary duty description above), it is said that the appropriate party to seek a remedy is the corporation itself, which must sue the directors for its injury

if the situation is new and unprecedented, however, the court will engage in a detailed analysis to determine whether to recognize a new duty; it will consider, among other things

whether the defendant could have foreseen the injury while engaged in the activity, the nature of the relationship between the defendant and the plaintiff, and whether others would be deterred from behaving like defendant if a duty were recognized (as well as other policy considerations)

these civil obligations, where they exist, do not necessarily depend on whether the parent is under the charge of the child but on a number of factors, including the following:

whether the parent had cared for and supported the adult child as a youth; the parent's current needs, and the adult child's current ability to support the parent

private law

which concerns relationships between people

facta

which contain the written legal arguments to be presented on the appeal

military law

which governs the armed forces during times of conflict and in peace time, at home, and abroad

If you and your spouse are separating, you will have to make decisions together about things like:

who will stay in your home, how your children will be cared for and where they will live, financial support, and dividing up property and money

the legal authority

with the intentional torts, the legal authority governing defences is not one cohesive defence but a collection of defences based on various statutory rules, each of which allows for intentional interferences with persons or property in specified circumstances

Before signing a separation agreement, you should make sure that:

you know your rights, you understand what you are agreeing to, and the agreement covers everything that needs to be decided.

Constitutional law

• all of the acts and unwritten practices forming our present constitution are interpretation through Constitutional law—that are of law that deals with, among other things, the 91 of the BNA act gabe the Parliament of Canads jurisdiction—the power to make laws—over areas of national importane, including aborigional peoples and the lands reserved for them