NPPE: Law for Professional Practice Questions & Answers 100% Accurate!!

What are the branches of Canadian law? - ANSWER1) Pubilc law - Criminal - Constitutional (Prof. engs) - Administrative 2) Private Law - contracts - torts What is the burden of proof in Criminal and Civil Law? - ANSWERCriminal: Beyond a reasonable doubt Civil: balance of probailities (51%) Types of liability in Criminal law? - ANSWER- normal liability: if you did the thing you are liable only if the crown can prove mens rea - strict liability: if you did the thing you are guilty unless you can prove due diligence - absolute liability: if you did the thing you are liable What are the five elements for an agreement to be a contract? - ANSWER- offer and acceptance - mutual intent (not duress) - consideration or seal (each party must get something or seal it) - capacity (power of attorney) - legality (cannot require party to do something illegal) What are the 3 types of Damages? - ANSWERi) direct damage: amount so party can get what they originally contracted for ii) indirect damage: amount paid to recover from losses due to the breach iii) liquidated: pre-agreed damages, replaces part or all of either direct or indirect damages What is the duty to mitigate? - ANSWER- injured victims of a contract have a duty to act reasonably and minimize the loss suffered What are the 4 ways to end a contract? - ANSWER- performance: both parties fulfill - agreement: both parties agree - express terms: contracts outlines that it will end if certain things happen, and they happen - frustration: circumstances change so that it doesn't make sense for contract to continue What is the statues of Frauds - ANSWER- contracts generally can be verbal but this statue is a rule that some contracts must be in writing i)