ENGO 579 Midterm Review Exam | Complete Solutions (Verified Answers)

ENGO 579 Midterm Review Exam | Complete Solutions (Verified Answers) Ad Medium Filum Aqaue - to the thread of water - to the center of middle of a stream - riparian rights De facto - norms and rules society actually practices - "the way it is applied on the ground" - contrasts de jure - example: coordinates as form of evidence prior to Alberta Surveys Act (2022) De Jure - the way it is written in law - prescriptively follows legal text (statute) - often informed by case law decisions defining court views on interpretation of a statute or common law principle - example: coordinates as evidence after Alberta surveys act (2022) De Minimum Non - "the law (the lion) does not concern itself with trifles" - courts will not deal with or enforce insignificant or trivial matters, but will deal with more definitive issues - deals with arguments, conflicts, debates that are semantical Inter Alia - "among other things" - term for there are other things involved Mutatis Mutandis - "with necessary changes made" or "after making the needed adjustments" - used when comparing legal cases - implies central idea of the case is same regardless of difference in terms of nuances Obiter Dictum - "A saying by the way, or in passing" - commentary made by judge to provide context of their thought process on a legal question Prima Facie - "At first look" - standard of proof in Canada - evidence taken into account, but can proven wrong later Ratio Decidendi - grounds or reasoning for a decision by court - key point determining judgement Res Nullius - "things belonging to no one" - can be acquired by taking possession - relates to personal property, but can include abandoned land - Res Nullius (individual), Terra Nullius (State) Stare Decisis - "let the decision stand" - basis for our legal system, relates to precedence of rulings - Vertical, decisions made in higher court are binding on lower courts - Horizontal, courts of equal position should review other court decisions but are not necessarily bound to it - required to ensure conformity across the law in society Sui Generis - "of its own kind" or "unique" - does not follow normal rules - example: indigenous land rights in Canada, not same as regular property rights or government given rights Terra Nullius - "territory without a master" or "nobody's land" - in the case of a state, often land that is not owned by anyone thus it is owned by the state Ultra Vires - "beyond the powers" - when government acts beyond its powers, using legislation inappropriately - exceeding legal scope of authority How do we define land? Delimitation, delineation, demarcation What is Delimitation? - "to decide there will be a limit between spheres of influence" - delimit boundary between nations What is Delineation? - "to describe this limit through graphical or textual means" - survey plans, maps, sketches - describe where on Earth by drawing a line - done through textual description in crown grants (historically) What is demarcation? - "to place physical mark, to mark out this limit on the ground" - statutory monuments - depends on jurisdiction for density and type of monumentation What is Hierarchy of Evidence NOOFPA, NMOFPA Can evidence lower on hierarchy supersede higher evidence? if yes, how? :3 - yes, based on quality and condition - based on practitioner's discretion, judgement, expert opinion What is the general remedy of courts in terms of H.o.E? In what order does the court follow Hoe? Occupation. uncommon for practitioners to use occupation as their guide for boundary interpretation What are the 4 H.o.E. terms in MSP hierarchy? Mention in order of weight higher to lower - Natural boundary - Original Monuments - Occupation - Plans (Measurements shown on plans) What is a profession? provide examples - is a group who adheres to prescribed ethical standards, - expertise comes from training, education, and testing. Local Examples: (ALSA, APEGA, ACLS) How are professions enacted? - create by Statute law What does a statute law enacting a profession include? - sets out how professional will be run - covers: if there will be a council, practice review, continuing professional development (CPD), discipline, any other matters of relevance What are some examples of legislation? - Land Surveyors Act (Alberta) - Engineering and Geosciences Professions Act (Alberta) - Canada Land Surveyors Act (Canada Federal) Who do professions answer to? - most professions are self governing and self regulating - serve at bequest of the public - effectively regulated by elected gov. Can the government intervene professional governance? - governments can intervene at extreme circumstances How does the government intervene professional governance? provide examples. - governments can update nuances of professional governance - examples: Professional Governance Act, BC regulatory rewrite relating to professions How are professions held accountable? - professions are self governing - done through discipline/investigative committee - often, public membership required What is Professional Governance Act? - the way government oversees and administers professions - meshing pieces of individual legislation into one - intended to get public input and accountability to regulated professions - can be seen as de-democratization of professions What are the types of Law? Which ones are relevant to ENGO 579? - Civil Law (Quebec) - Common Law (relevant) - Constitutional Law (relevant) - Criminal Law - Administrative Law (relevant) What is civil law? - predefined attempts at law - all encompassing code that tried to set out rules to resolve all types of disputes Male Fides "in bad faith" Bona Fide "in good faith" Res Judicata -"Matter already judged" -Prevents parties to relitigate same issue once it has been decided by court or tribunal -Requirements: same parties, same issue, prior decision is final