2.
You were unfairly fired in your job. You worked for a local chain fast food restaurant. You decided to make up some stories regarding the restaurant’s sanitation practices. As a result the restaurant has lost quite a few patrons. The establishment can sue you for ____________ _____________.
Explanation
The establishment can sue you for injurious falsehood because you intentionally made up stories about the restaurant's sanitation practices, which caused the restaurant to lose patrons. Injurious falsehood refers to spreading false information about a business that results in harm to its reputation and financial losses.
3.
The “_____________ ______ ______” means that one needs to consider what a careful thoughtful person in the same circumstances would have done.
Explanation
The "reasonable person test" refers to a standard used in legal contexts to determine whether a person's actions were reasonable or not. It involves considering how a prudent and cautious individual, with similar knowledge and experience, would have behaved in the same situation. This test helps to establish whether someone's conduct meets the expected level of care and judgment that a reasonable person would exercise.
4.
The word “tort” came from an old French word meaning “__________”.
Explanation
The word "tort" originated from an old French word that meant "wrongs". This suggests that the term "tort" is used to describe actions or behaviors that are considered to be wrongful or harmful.
5.
A ____________ in BC is someone who certifies documents, but does
not draft documents.
Explanation
A notary in BC is an individual who is authorized to certify documents, such as verifying signatures or administering oaths, but their role does not involve drafting legal documents. They primarily serve as impartial witnesses to the signing of important documents to ensure their authenticity and legality.
6.
You owe duty of care to a ___________ because you cannot wilfully create a danger or wantonly injure the trespasser.
Explanation
A duty of care refers to the legal obligation to act in a way that prevents harm to others. In this context, the statement suggests that you owe a duty of care to a trespasser because you are not allowed to intentionally create a dangerous situation or intentionally harm them. This means that even though someone is trespassing on your property without permission, you still have a responsibility to not deliberately cause harm to them.
7.
The “______ ________ __________” is when the plaintiff’s negligence causes him/her self danger; the defendant has the last clear chance of averting injury. If the defendant fails to exercise care he/she is negligent.
Explanation
The concept of "last clear chance" refers to a situation where the plaintiff's own negligence puts them in danger, but the defendant still has the opportunity to prevent the injury. If the defendant fails to exercise reasonable care and does not take advantage of this final opportunity to avert harm, they can be considered negligent.
8.
The two kinds of liability are:______________________________
Explanation
The correct answer is "conditional; strict". Liability can be classified into two types: conditional liability and strict liability. Conditional liability refers to the legal responsibility that arises only if certain conditions or requirements are met. On the other hand, strict liability holds individuals or entities responsible for their actions or products, regardless of fault or negligence. Therefore, the correct answer is "conditional; strict".
9.
“The thing speaks for itself” is another term for ___ ____ ________. When the injury results from something that could not have happened unless there was negligence, then it is not necessary to prove exactly how and in what way the negligence caused the injury.
Explanation
"Res ipsa loquitur" is a Latin term that translates to "the thing speaks for itself." It is a legal doctrine that allows a plaintiff to establish a presumption of negligence based on the circumstances of an injury. In cases where the injury could not have occurred without negligence, the plaintiff does not need to provide specific evidence of how the negligence caused the injury. The doctrine recognizes that certain accidents or injuries are so obviously the result of negligence that no further explanation is needed.
10.
____________ law defines the rights and remedies, whereas _________ law is the procedures through which substantive rights are protected.
Explanation
Substantive law refers to the set of laws that define individuals' rights and the legal remedies available to them. It focuses on the substance and content of the law. On the other hand, procedural law outlines the specific processes and methods used to enforce substantive rights and protect them. It establishes the rules and procedures that govern how legal proceedings are conducted, ensuring fairness and due process.
11.
When no contractual relationship exists between two parties, and one party relies upon advice provided by the other party, but the advice was provided in a negligent manner, the first party can sue for ________ _________________.
Explanation
When there is no contract between two parties and one party relies on advice given by the other party, but the advice is given negligently, the first party can sue for negligent misrepresentation. This means that the party providing the advice was negligent in their representation of the information, causing harm or loss to the relying party.
12.
The main premise of ________ law is to restore the injured party to the position he or she was in before the jury
Explanation
Tort law is a branch of civil law that aims to compensate the injured party for any harm or loss they have suffered due to the actions or negligence of another person. The main premise of tort law is to restore the injured party to the position they were in before the incident occurred. This means that the person who caused the harm or injury may be required to pay damages or provide other forms of compensation to make up for the harm caused.
13.
__________ defamations are spoken ones.
Explanation
Slander refers to defamatory statements that are spoken, as opposed to written. It is a form of defamation that involves making false spoken statements about someone that can harm their reputation. Slander is different from libel, which refers to defamatory statements that are written or published. In this case, the correct answer is "slander" because it specifically mentions that the defamations being referred to are spoken ones.
14.
The “____ _____ ____” states that a tortfeasor who can reasonable foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated.
Explanation
The "thin skull rule" states that a tortfeasor who can reasonably foresee some injury as a consequence of his or her conduct may be liable for more serious consequences than he or she anticipated. This means that even if the tortfeasor did not anticipate the extent of the injury, they are still responsible for it because they should have reasonably foreseen the possibility. The "thin skin rule" is not a recognized legal principle and does not have any relevance to this concept.
15.
__________ defamations are written ones.
Explanation
Libel refers to defamatory statements or accusations that are made in written form, such as in newspapers, magazines, or online publications. Unlike slander, which involves spoken defamatory statements, libel specifically pertains to written defamation. Therefore, the correct answer is libel.
16.
___________ _____________ is when a person is liable for negligence only if the consequences of the act were reasonably foreseeable.
Explanation
Conditional liability is a concept where a person can be held responsible for negligence only if the outcomes of their actions were reasonably foreseeable. This means that if the consequences of an act were not reasonably predictable or foreseeable, the person cannot be held liable for any negligence. In other words, the individual's liability is contingent upon the foreseeability of the consequences of their actions.
17.
Under this circumstance, you are not defaming someone’s character: _____________________.
Explanation
When a statement is true, it means that it accurately reflects the reality or facts about a person's character. Defamation involves making false statements that harm someone's reputation, so if the statement is true, it cannot be considered defamatory. In such circumstances, stating the truth about someone's character does not amount to defamation as it is based on factual information rather than false claims.
18.
The 6 primary purposes of tort law are:
______________________
______________________
______________________
______________________
______________________
______________________
Explanation
The 6 primary purposes of tort law are regulation, deterrence, compensation, dispute resolution, education, and prevention. Tort law aims to regulate behavior by setting standards and guidelines for individuals and organizations to follow. It also serves as a deterrent, discouraging potential wrongdoers from engaging in harmful actions. Compensation is provided to victims of tortious acts to help them recover from their losses and damages. Dispute resolution is another purpose, as tort law provides a legal framework for resolving conflicts and disputes between parties. Education is important to ensure that individuals are aware of their rights and responsibilities under tort law. Lastly, prevention is a key purpose, as tort law seeks to prevent future harm by holding wrongdoers accountable and promoting safer practices.
19.
The "players" in the legal sytem are (there are 6 of them)____________________________________________________________________________________________________________________________________________________________________________________
Explanation
The "players" in the legal system are lawyers, legislators, judges, jurors, clients, and police. These individuals all have important roles within the legal system. Lawyers provide legal representation and advice to clients, legislators create and amend laws, judges preside over legal cases and make decisions, jurors participate in the trial process and determine guilt or innocence, clients seek legal assistance and have their rights protected, and police enforce laws and investigate crimes. Each of these players contributes to the functioning of the legal system and helps ensure justice is served.
20.
______________ ____________ is when a plaintiff is partly or solely the cause of his or her own injury.
Explanation
Contributory negligence refers to a situation in which the plaintiff is partially or completely responsible for their own injury. In legal terms, this means that the plaintiff's own actions or negligence contributed to the harm they suffered. This concept is important in determining liability and damages in personal injury cases. If contributory negligence is proven, it can reduce or even eliminate the plaintiff's ability to recover compensation from the defendant.
21.
3______ __________ is when a defendant is automatically liable even though no injury has occurred – not following government codes and regulations will result in this type of liability.
Explanation
Strict liability is a legal concept where a defendant can be held liable for their actions or products, regardless of fault or intent, if they cause harm to another person or property. This means that even if no injury has occurred, if the defendant fails to follow government codes and regulations, they can still be held responsible under strict liability. In other words, strict liability imposes a high level of responsibility on individuals or companies to ensure compliance with safety standards and regulations, regardless of whether harm actually occurs.
22.
____________ laws are thoes that are just and justifable on __________, _________ or _________ grounds
Explanation
Natural laws are those that are based on the inherent principles of nature and the physical world. Moral laws are based on ethical principles and the distinction between right and wrong. Religious laws are based on the teachings and beliefs of a particular religion. Philosophical laws are based on logical reasoning and philosophical principles. These four types of laws can be considered just and justifiable based on their respective foundations in nature, ethics, religion, and philosophy.
23.
__________ laws are laws enacted by a body having the authority to enact and enforce them.
Explanation
Positive laws are laws that are enacted and enforced by a governing body. These laws are created and implemented by a legal authority, such as a legislative body or government, to regulate and govern a society. Positive laws are binding and enforceable, and they establish the legal rights and obligations of individuals within a jurisdiction. They are distinguished from natural laws or moral laws, which are based on inherent principles or ethical beliefs. Positive laws are essential for maintaining order and providing a framework for the functioning of a legal system.
24.
When the public is mislead into believing that one company’s goods or services are those similar brand or product, this is known as “___________ ____"
Explanation
Passing off refers to the act of misleading the public into thinking that a company's goods or services are actually those of a similar brand or product. This can occur when a company intentionally creates confusion by imitating the branding, packaging, or overall appearance of another well-known brand. It is a form of unfair competition and can lead to reputational damage and financial loss for the genuine brand.
25.
Federal legislation cannot become law until it has been passed by both the ____________ and the _________ __ _________ and proclaimed into force by the government general.
Explanation
Federal legislation cannot become law until it has been passed by both the Senate and the House of Commons and proclaimed into force by the government general. This means that both houses of Parliament, the Senate and the House of Commons, need to approve the legislation before it can become law. The order in which they pass the legislation may vary, but ultimately both houses must give their approval. Once approved, the legislation is then proclaimed into force by the government general, which is the final step in the process of making it law.
26.
The theory that law is whatever the judges will enforce is known as__________ ___________.
Explanation
Legal realism is the theory that suggests that the law is not solely based on written rules and statutes, but is also influenced by the personal beliefs and values of judges. It emphasizes the idea that judges have the power to shape and interpret the law according to their own discretion and societal context. Legal realism challenges the notion that law is objective and fixed, instead highlighting its subjective and dynamic nature.
27.
Disclaimers and signed waivers do not guarantee a business from being sued. They may be due to the following reasons:
_________________________
_________________________
_________________________
28.
___________ law is associated with government and the public
interest
Explanation
Public law is associated with government and the public interest. It is a branch of law that deals with the relationship between individuals and the state, as well as the powers and duties of government. Public law encompasses constitutional law, administrative law, and criminal law, among others. It focuses on regulating the behavior of government entities and protecting the rights and interests of the public.
29.
____________ laws is enacted and enforced to protect the political security of the state and the personal security of citizens, while __________ law is all the other laws.
Explanation
Criminal laws are enacted and enforced to protect the political security of the state and the personal security of citizens. These laws deal with offenses that are considered harmful to society as a whole, such as murder, theft, and assault. Violations of criminal laws can result in penalties such as imprisonment or fines. On the other hand, civil law encompasses all other laws that do not fall under criminal law. Civil laws govern disputes between individuals or organizations, such as contracts, property rights, and family matters. Violations of civil laws typically result in compensatory measures, such as monetary damages or injunctions.
30.
Section 91 on the BNA Act define powers of the ____________
government, while Section 92 defines the powers of the ______________
government.
Explanation
Section 91 of the BNA Act defines the powers of the federal government, while Section 92 defines the powers of the provincial government. This means that Section 91 outlines the areas in which the federal government has authority, such as national defense and international relations, while Section 92 outlines the areas in which the provincial government has authority, such as education and healthcare. This division of powers ensures a clear delineation of responsibilities between the two levels of government in Canada.
31.
The ___________ government reigns supreme when the responsibility
between federal and provincial governments overlap.
Explanation
When the responsibility between federal and provincial governments overlap, the federal government reigns supreme. This means that in situations where there is a conflict or confusion regarding which level of government should have authority, the federal government's power takes precedence. This is because the federal government is responsible for overseeing and maintaining the unity and integrity of the entire country, while provincial governments have more localized powers. Therefore, in cases of overlap, the federal government's authority is considered higher and final.
32.
The Supreme Court of Canada has ___ appointed justices.
Explanation
The Supreme Court of Canada is composed of nine appointed justices.
33.
_____________ law is the procedures through which substantive
rights are protected
Explanation
Procedural law refers to the set of rules and processes that govern how legal proceedings are conducted. It outlines the steps and methods that must be followed in order to protect and enforce substantive rights. Procedural law ensures that individuals have a fair and orderly process in place to resolve disputes and seek justice. It includes elements such as court procedures, rules of evidence, and the right to a fair trial. By adhering to procedural law, the legal system ensures that the rights and interests of all parties involved are safeguarded.
34.
________ _______ is the term used when one level of government
passes a law which is actually within the realm of responsibility covered by
another level of government.
Explanation
Ultra vires is the term used when one level of government passes a law that falls outside of its legal authority or jurisdiction. In this context, it refers to a situation where a law is passed by a level of government that exceeds its powers and encroaches upon the responsibilities of another level of government. This can create conflicts and legal challenges as it goes beyond the scope of the governing body's authority.
35.
If all twelve jurors cannot agree, the jurors will be
_____________, and a new trial will take place.
Explanation
If all twelve jurors cannot agree, it means that they are unable to reach a unanimous decision. In such a situation, the jurors will be discharged, which means they will be released from their duties and responsibilities as jurors. A new trial will then take place, allowing a new set of jurors to deliberate and reach a verdict.
36.
The prime minister who signed the Canadian Bill of Rights is _______ _____________.
Explanation
John Diefenbaker is the correct answer because he was the prime minister of Canada who signed the Canadian Bill of Rights. He served as the 13th prime minister of Canada from 1957 to 1963 and was known for his commitment to civil liberties and human rights. The Canadian Bill of Rights, enacted in 1960, was an important step in protecting individual rights and freedoms in Canada.
37.
Can employers ever test for drug and alcohol dependency? ____,
once a written offer of employment has been submitted to the employee,
providing the testing is related to the employee’s ability to perform the
essential duties of the job.
Explanation
Employers can test for drug and alcohol dependency once a written offer of employment has been submitted to the employee, as long as the testing is directly related to the employee's ability to perform the essential duties of the job. This means that employers can conduct such tests to ensure that the employee is fit for the position and can safely and effectively carry out their responsibilities.
38.
If people felt they would be treated unfairly by the common law
judges, they could appeal directly to the King. The King set up the Court of
Chancery to disperse justice on a more equitable basis, without reference to
common law precedent. _______________ law is the body of decisions made by the
judges in this court.
Explanation
The correct answer is "equity." The passage explains that the Court of Chancery was established by the King to provide justice in a fair and equitable manner, without being bound by common law precedent. Therefore, the body of decisions made by the judges in this court is known as "equity."
39.
_____________ law is the accumulated body of decisions made by the
judges appointed by ________ _________ II.
Explanation
Common law is the accumulated body of decisions made by judges appointed by King Henry II. Common law refers to the legal system where decisions made by judges in previous cases are used as precedents to determine the outcome of similar cases in the future. King Henry II played a significant role in the development of common law in England during the 12th century. He established a centralized system of justice and appointed judges to hear and decide cases, which led to the growth and standardization of common law.
40.
Benefits and obligations under a contract are usually
confined to the parties within it; this is an example of ___________ ___
_____________.
Explanation
Privity of contract refers to the legal concept that the benefits and obligations of a contract are limited to the parties involved in the agreement. This means that only those who are directly involved in the contract have the rights and responsibilities outlined in it. Other third parties who are not part of the contract generally do not have any legal standing to enforce or be bound by its terms. Therefore, the given answer correctly identifies the concept of privity of contract as an explanation for the statement provided.
41.
_________ ___________is the legal principle by which judges are
required to follow the precedents set by equivalent and higher courts. We want
it rather than have each case decided individually because this makes law more
____________ and _____________.
Explanation
Stare Decisis is the legal principle by which judges are required to follow the precedents set by equivalent and higher courts. We want it rather than have each case decided individually because this makes law more predictable and constant. This means that previous decisions serve as a basis for future cases, providing consistency and stability in the legal system.
42.
_______________ law and _______________ law later merged together.
Explanation
Common law and equity law later merged together. Common law refers to the body of law derived from judicial decisions and custom, while equity law refers to a system of law that provides remedies when monetary damages are inadequate. The merging of these two laws occurred to bring fairness and justice to legal proceedings. The combination of common law and equity law allows for a comprehensive legal system that considers both legal principles and equitable considerations in resolving disputes.
43.
The Four purposes of sentencing are:
___________ _____________
___________ _____________
________________________
________ __ ____ __________
Explanation
The correct answer is specific deterrence; general deterrence; rehabilitation; protection of the public. These four purposes of sentencing outline the goals that the criminal justice system aims to achieve through the imposition of penalties. Specific deterrence refers to the punishment given to an individual to deter them from committing future offenses. General deterrence aims to discourage others in society from engaging in criminal behavior. Rehabilitation focuses on reforming offenders and helping them reintegrate into society. Protection of the public ensures that the community is safeguarded from potential harm posed by the offender.
44.
______ ______ means ``guilty mind``
Explanation
Mens rea is a Latin term that translates to "guilty mind" in English. It refers to the mental state or intention of a person while committing a crime. It is an important concept in criminal law as it helps to determine the level of culpability and intent of the accused. Mens rea takes into account factors such as knowledge, intention, recklessness, and negligence, and is often considered alongside the physical act (actus reus) when determining criminal liability.
45.
The ________________ stage of the civil action
is where issues, facts, and evidence are placed on the table. Each party can examine the other party under the oath.
Explanation
In the discoveries stage of a civil action, both parties have the opportunity to present their issues, facts, and evidence. This stage allows each party to examine the other party under oath, which helps to gather information and uncover any relevant details that may be beneficial to their case. It is a crucial step in the legal process as it helps to ensure a fair and transparent trial by allowing both sides to fully understand and evaluate the evidence and arguments presented by the opposing party.
46.
In a criminal procedure, there are 3 types of offences. They are:
____________ ____________
(minor)
________________________
(serious)
________________________
(the Crown chooses whether to proceed summarily or by indictment)
Explanation
In a criminal procedure, there are three types of offences. The first type is a summary conviction offence, which is considered minor. The second type is an indictable offence, which is more serious. The third type is a hybrid offence, where the Crown has the discretion to choose whether to proceed summarily or by indictment.
47.
______ ______ means ``guilty act``.
Explanation
Actus reus is a Latin term that refers to the "guilty act" in criminal law. It encompasses the physical act or behavior that is considered illegal or prohibited by law. In order to establish criminal liability, both actus reus and mens rea (guilty mind) must be present. Actus reus can include actions such as theft, assault, or any other unlawful behavior. It is an essential element in determining criminal responsibility and is necessary to prove that a crime has been committed.
48.
The 6 divisions of law are:
________________________
________________________
________________________
________________________
________________________
________________________
Explanation
The correct answer is criminal; civil; private; public; substantive; procedural. The divisions of law are categorized into criminal law, which deals with crimes and punishment; civil law, which deals with disputes between individuals or organizations; private law, which governs relationships between individuals or organizations; public law, which governs the relationship between individuals or organizations and the government; substantive law, which defines rights and obligations; and procedural law, which outlines the process for enforcing legal rights and resolving disputes.
49.
Appeals are limited to matters of ____________, not _____________.
Explanation
Appeals are limited to matters of law, not fact. This means that when a case is appealed, the higher court will review the legal aspects of the case, such as whether the lower court correctly applied the law or made any legal errors. However, the higher court will generally not reexamine the facts of the case or make determinations about the credibility of witnesses. The purpose of an appeal is to ensure that the law was correctly interpreted and applied, rather than to re-litigate the entire case based on new evidence or different interpretations of the facts.