COMM381 Business Law: Tort Law Test
Questions And All Correct Answers.
What does law do? - Answer Serve to regulate, punish and compensate.
1. Criminal Law: punishment for violating societal more to punish and deter
2. Civil Law: the law between private actors - aims to compensate (not to punish)
3. Regulatory Law: part criminal and part civil - through punishment or civil sanctions gaining to
adhere to governmental policy
4/7 Sources of Law, where laws come from? - Answer 1. The Constitution
2. Statutory Law
3. Common Law
4. Custom
The Constitution - Answer - The most important source of law is the constitution, it is the
document that creates the basic rules for Canadian Society, including its political and legal
systems.
- Every other law in the country must be compatible with the Constitution.
Statutory Law - Answer - Laws created by the government
- Statutes are laws passed by Parliament , a provincial legislature or municipal court
Common Law - Answer -Laws created by Judges and Judicial System
- Its primary elements include contract law, tort and property law
Custom - Answer -"Custom" amounts to the way things are normally done in the business or
social world by reasonable persons in the absence of formal legal regulation.
Civil Procedure - Answer - refers to a system of rules imposed by the court system to regulate
, -therefore, their is variation from province to province
The term "Standing" - Answer Only people with "standing" may sue in civil action.
"Cause of Action" - Answer - Have I been wronged in some way recognized by law? (is there a
legitimate legal argument?)
- So I have standing?
- Is the limitation period still valid
"Statement of Claim" - Answer The plaintiff's written request for relief/compensation together
with facts and law on which he or she relies
Plaintiff vs Defendant - Answer Plaintiff: Victim, A person who brings a case against another in
a court of law
Defendant: Wrongdoer.
"Statement of Defence" - Answer The defendant's[ response to a Plaintiffs case, including any
differing theory of the case re; facts, circumstances applicable law
"Pleadings" - Answer The statement of Claim and Statement of Defence, together, constitutes
the "Pleading".
Canadian Civil Procedure Process - Answer 1. Cause of Action
2. Statement of Claim
3. Statement of Defence
4. Examination
5. Pre-Trial Conference
6. Trial
7. Decision of Court
8. Appeal
Constitution Act Hierarchy for the Federal Government - Answer 1. Governor General (The
Questions And All Correct Answers.
What does law do? - Answer Serve to regulate, punish and compensate.
1. Criminal Law: punishment for violating societal more to punish and deter
2. Civil Law: the law between private actors - aims to compensate (not to punish)
3. Regulatory Law: part criminal and part civil - through punishment or civil sanctions gaining to
adhere to governmental policy
4/7 Sources of Law, where laws come from? - Answer 1. The Constitution
2. Statutory Law
3. Common Law
4. Custom
The Constitution - Answer - The most important source of law is the constitution, it is the
document that creates the basic rules for Canadian Society, including its political and legal
systems.
- Every other law in the country must be compatible with the Constitution.
Statutory Law - Answer - Laws created by the government
- Statutes are laws passed by Parliament , a provincial legislature or municipal court
Common Law - Answer -Laws created by Judges and Judicial System
- Its primary elements include contract law, tort and property law
Custom - Answer -"Custom" amounts to the way things are normally done in the business or
social world by reasonable persons in the absence of formal legal regulation.
Civil Procedure - Answer - refers to a system of rules imposed by the court system to regulate
, -therefore, their is variation from province to province
The term "Standing" - Answer Only people with "standing" may sue in civil action.
"Cause of Action" - Answer - Have I been wronged in some way recognized by law? (is there a
legitimate legal argument?)
- So I have standing?
- Is the limitation period still valid
"Statement of Claim" - Answer The plaintiff's written request for relief/compensation together
with facts and law on which he or she relies
Plaintiff vs Defendant - Answer Plaintiff: Victim, A person who brings a case against another in
a court of law
Defendant: Wrongdoer.
"Statement of Defence" - Answer The defendant's[ response to a Plaintiffs case, including any
differing theory of the case re; facts, circumstances applicable law
"Pleadings" - Answer The statement of Claim and Statement of Defence, together, constitutes
the "Pleading".
Canadian Civil Procedure Process - Answer 1. Cause of Action
2. Statement of Claim
3. Statement of Defence
4. Examination
5. Pre-Trial Conference
6. Trial
7. Decision of Court
8. Appeal
Constitution Act Hierarchy for the Federal Government - Answer 1. Governor General (The
