CAIB 3 Practice Exam Questions with Answers
CIVIL LAW - ✔✔The body of law concerned with civil or private rights and remedies
TORT - ✔✔A private or civil wrong or injury, other than breach of contract, for which the court
will provide a remedy in the form of an award for damages
BREACH OF CONTRACT - ✔✔Is the failure, without legal excuse to perform any promise which
forms the whole or part of the contract
RULE OF PRECEDENT - ✔✔Basic concept in common law in which current court decisions must
follow those made in cases having similar circumstances
STATUTE LAW - ✔✔Written law enacted by provincial or federal legislation. It amends or
supercedes the common law
DAMAGES - ✔✔Compensation in money for loss or damage suffered
COMPENSATORY DAMAGES - ✔✔Damages intended to compensate the injured party for the
bodily injury or property damage sustained
GENERAL DAMAGES - ✔✔damages which cannot be exactly determined in monetary terms, but
reflect an amount that the court believes necessary to compensate the aggrieved part fairly
SPECIAL DAMAGES - ✔✔damages which can be measured as to amount and are often referred
to as out of pocket expenses
EXEMPLARY OR PUNATIVE DAMAGES - ✔✔damages which are intended to punish defendants
for their behavior or to make an example of them
, NOMINAL DAMAGES - ✔✔damages which are awarded when there is no substantial loss or
injury - question or principle is at stake
DOCTRINE OF NEGLIGENCE - ✔✔duty of all persons to exercise due care in their conduct
towards others from which injury may result
NEGLIGENCE - ✔✔the failure to do or not to do something a reasonable man, guided by those
ordinary considerations which ordinarily regulate human affairs, would or would not do.
STRICT LIABILITY - ✔✔doctrine based on the assumption that certain activities are so hazardous
that in the event of injury or damage arising out of them, the person conducting them shall be
presumed to be legally liable
OCCUPIER - ✔✔a person who has immediate supervision and control of the premises and the
power to admit and exclude entry of others
NUISANCE - ✔✔everything that endangers life or health, gives offense to the senses, violates
the laws of decency, or obstructs reasonable and comfortable use of the property
TRESSPASS - ✔✔An unlawful interference with one's person, property or rights
EASEMENT - ✔✔A right of persons to use land belonging to others
FALSE IMPRISONMENT - ✔✔Holding someone without lawful justification in a place against
their will
FALSE ARREST - ✔✔Includes false imprisonment but also includes the additional feature of
detaining victims with the intention of turning them over to the police for prosecution
CIVIL LAW - ✔✔The body of law concerned with civil or private rights and remedies
TORT - ✔✔A private or civil wrong or injury, other than breach of contract, for which the court
will provide a remedy in the form of an award for damages
BREACH OF CONTRACT - ✔✔Is the failure, without legal excuse to perform any promise which
forms the whole or part of the contract
RULE OF PRECEDENT - ✔✔Basic concept in common law in which current court decisions must
follow those made in cases having similar circumstances
STATUTE LAW - ✔✔Written law enacted by provincial or federal legislation. It amends or
supercedes the common law
DAMAGES - ✔✔Compensation in money for loss or damage suffered
COMPENSATORY DAMAGES - ✔✔Damages intended to compensate the injured party for the
bodily injury or property damage sustained
GENERAL DAMAGES - ✔✔damages which cannot be exactly determined in monetary terms, but
reflect an amount that the court believes necessary to compensate the aggrieved part fairly
SPECIAL DAMAGES - ✔✔damages which can be measured as to amount and are often referred
to as out of pocket expenses
EXEMPLARY OR PUNATIVE DAMAGES - ✔✔damages which are intended to punish defendants
for their behavior or to make an example of them
, NOMINAL DAMAGES - ✔✔damages which are awarded when there is no substantial loss or
injury - question or principle is at stake
DOCTRINE OF NEGLIGENCE - ✔✔duty of all persons to exercise due care in their conduct
towards others from which injury may result
NEGLIGENCE - ✔✔the failure to do or not to do something a reasonable man, guided by those
ordinary considerations which ordinarily regulate human affairs, would or would not do.
STRICT LIABILITY - ✔✔doctrine based on the assumption that certain activities are so hazardous
that in the event of injury or damage arising out of them, the person conducting them shall be
presumed to be legally liable
OCCUPIER - ✔✔a person who has immediate supervision and control of the premises and the
power to admit and exclude entry of others
NUISANCE - ✔✔everything that endangers life or health, gives offense to the senses, violates
the laws of decency, or obstructs reasonable and comfortable use of the property
TRESSPASS - ✔✔An unlawful interference with one's person, property or rights
EASEMENT - ✔✔A right of persons to use land belonging to others
FALSE IMPRISONMENT - ✔✔Holding someone without lawful justification in a place against
their will
FALSE ARREST - ✔✔Includes false imprisonment but also includes the additional feature of
detaining victims with the intention of turning them over to the police for prosecution
