CAIB 1 Chapter 4 Practice Questions and Answers 100% Correct

CAIB 1 Chapter 4 Practice Questions and Answers 100% Correct What area of law does Criminal Law address? - Answer- Criminal law deals with wrongs against society How does criminal law deal with violators? - Answer- Prosecute them in criminal courts with fines, imprisonment or probation What area of law does civil law or common law address? - Answer- Concerned with settling disputes between individuals or other legal entities in matters not involving a criminal act What is the goal of civil law? - Answer- To seek compensation for the amount of the financial loss or damage suffered by the wronged party What are the 2 branches of Civil Law? - Answer- Contract Law, Tort Law What is the Statute Law? - Answer- Written law and is derived from Bills introduced into parliament and provincial legislative assemblies to deal with specific needs. When passed they take priority over any existing common law. How does Statute Law affect Civil Law or Common Law? - Answer- Statute law takes priority over any other existing Common law. Define "tort" - Answer- a wrong done to another in breach of a duty laid down by the law. (not a breach in contract) Identify and explain, using examples, the 3 elements of a tort, or establish negligence. - Answer- i. Legal duty owed - One party has the right not to be harmed unreasonably and the other party has the duty to refrain from causing harm. This must be a non- contractual right, otherwise it would place the situation within the area of contract law. (The defendant owed the plaintiff a legal duty) ii. Duty breached - Must be a violation of the right to be free from harm or a breach of the duty not to harm. (This legal duty was breached as a result of the defendant's negligence) iii. The plaintiff suffered damages as a proximate result of the defendant's negligence. Some injury or damage caused to the person having the right to be free from harm. Example pg. 4-3 Define "negligence." - Answer- The omission to do something which a reasonable man would or would not do. Careless rather than intentional invasion of another's rights. The law generally holds innocent until proven guilty, State and briefly explain 3 exceptions to this risk. - Answer- 1. Liability in Statute - Statutes created by prov. and fed. Gov. may impose strict liability. Ex. HTA dealing with vehicular accidents causing injury to pedestrians normally will assume the defendant guilty until proven innocent. 2. Res Ipsa Loquitur - "The thing that speaks fo