Criminal Law Review Checklist
LAW 2014 Exam Review Checklist
CANADIAN LEGAL SYTEM
Purposes of law –
1) To maintain the integrity of state boundaries,
2) To maintain law and order,
3) To protect citizens from each other,
4) To provide a civilized forum for resolving disputes between citizens.
5) To protect citizens from illegal or oppressive government action
6) Provide a civilized forum for resolving disputes between citizens and government
7) Establish and maintain standards relating to areas such as health, education and employment
8) Establish and maintain a wide range of standards, such as working conditions ans product safety.
Divisions of law – 1) Substantive Law- Rights and remedies: Public Law= Criminal, Private Law= Civil. 2) Procedural Law- Rules …show more content…
Purpose- to deter people from activities that are a risk to others and to restore the injured party to the position he or she was in before the injury.
Definition of tort- intentional or unintentional injury to victim’s body, mind, property, and pocketbook.
Essential elements of negligence (4) 1) a duty of care owed by the defendant, 2) breach of the duty of care, 3) injury to the plaintiff, 4) proximate cause between the breach and the plaintiff’s injury
8 intentional torts- Assault, battery, trespass, conversion, false imprisonment, intentional infliction of mental suffering, intentional interference with a contract, deceit.
Reasonable person test
Foreseeability of a reasonable person
Proximate cause
Thin Skull Rule
Res Ipsa Loquitor- “ the thing speaks for itself”. Was in the defendants control, plaintiff did nothing to provoke the accident and had no prior knowledge of the danger.
Negligence Per Se
Strict Liability- the defendant will be found liable if injury occurs even through precautions were taken or injury was not …show more content…
Voluntary assumption of risk – Plaintiff has participated in an activity knowing that an injury might result may be said to have assumes the risk voluntarily. Plaintiff must establish that… the plaintiff knew about the risk and understood it, plaintiff had a choice to avoid the risk, the defendant was not in breach of any statutory duty from which the injuries flowed.
Waivers and disclaimers
Occupier’s Liability- occupiers owe a duty of care to those entering on or in the vicinity of their premises, depending on jurisdiction there may be a distinction between the duty owed to an invitee and a licensee.
Vicarious liability- employers are responsible for the torts of employees which occur while they are performing their duties, failure to correct a problem such as incompetence of an employee may also result in vicarious liability.
Defamation
Injurious falsehood
Occupier’s
CANADIAN LEGAL SYTEM
Purposes of law –
1) To maintain the integrity of state boundaries,
2) To maintain law and order,
3) To protect citizens from each other,
4) To provide a civilized forum for resolving disputes between citizens.
5) To protect citizens from illegal or oppressive government action
6) Provide a civilized forum for resolving disputes between citizens and government
7) Establish and maintain standards relating to areas such as health, education and employment
8) Establish and maintain a wide range of standards, such as working conditions ans product safety.
Divisions of law – 1) Substantive Law- Rights and remedies: Public Law= Criminal, Private Law= Civil. 2) Procedural Law- Rules …show more content…
Purpose- to deter people from activities that are a risk to others and to restore the injured party to the position he or she was in before the injury.
Definition of tort- intentional or unintentional injury to victim’s body, mind, property, and pocketbook.
Essential elements of negligence (4) 1) a duty of care owed by the defendant, 2) breach of the duty of care, 3) injury to the plaintiff, 4) proximate cause between the breach and the plaintiff’s injury
8 intentional torts- Assault, battery, trespass, conversion, false imprisonment, intentional infliction of mental suffering, intentional interference with a contract, deceit.
Reasonable person test
Foreseeability of a reasonable person
Proximate cause
Thin Skull Rule
Res Ipsa Loquitor- “ the thing speaks for itself”. Was in the defendants control, plaintiff did nothing to provoke the accident and had no prior knowledge of the danger.
Negligence Per Se
Strict Liability- the defendant will be found liable if injury occurs even through precautions were taken or injury was not …show more content…
Voluntary assumption of risk – Plaintiff has participated in an activity knowing that an injury might result may be said to have assumes the risk voluntarily. Plaintiff must establish that… the plaintiff knew about the risk and understood it, plaintiff had a choice to avoid the risk, the defendant was not in breach of any statutory duty from which the injuries flowed.
Waivers and disclaimers
Occupier’s Liability- occupiers owe a duty of care to those entering on or in the vicinity of their premises, depending on jurisdiction there may be a distinction between the duty owed to an invitee and a licensee.
Vicarious liability- employers are responsible for the torts of employees which occur while they are performing their duties, failure to correct a problem such as incompetence of an employee may also result in vicarious liability.
Defamation
Injurious falsehood
Occupier’s