Law

• Common law is based on judicial decisions and precedents established by courts through their interpretation of the law.
• Burden of proof: It is the obligation to prove the allegations which are presented in a legal action
• Timothy has seen the offer and proceeds to find and return Janet’s cat, then he is entitled to the reward of $500.
• Balance of probabilities: The standard is met if the likelihood that the proposition is true is more likely than it not being true
• Pecuniary damages: These are monetary compensations for the losses that can be calculated (Ex
• Class action lawsuit: A lawsuit initiated by a group of people concerning a complaint common to all of them
• Standard of proof: The level of proof required in a legal action to convince the court that a given proposition is true
• Beyond a reasonable doubt: A standard or proof whereby the defendant’s guilt must be proven to the extent that there is absolutely no doubt about his or her guilt
• Non-pecuniary damages: These damages are compensation for losses that do not involve an actual loss of money and are difficult to qualify (Ex
• Specific performance: Court order requiring someone to fulfil terms of a contract
• Injunctions: Court order requiring or prohibiting an action like striking against an employer
• Punitive damages: Additional damages awarded to punish the defendant for bad or insensitive behaviour
• Aggravated damages: This is awarded when the defendant’s behaviour is outrageous and harms the plaintiff
• Nominal damage: This is a small sum to demonstrate the judges support for the plaintiff
• Contract: A legally binding agreement between at least 2 parties
• Binding: MAndatory on the individual(s) to follow
• Privity: Only parties to a contract can enforce a term or condition of a contract
• Notion of free contract: Both parties must have entered into the agreement free of any sort of pressure
• Meeting of the minds: Both parties clearly understand the terms of a contract
• Contracts by deed: A formal legal document signed, witnessed and delivered to effect a conveyance or transfer or property or to create a legal obligation
• Right to a Fair and Speedy Trial: The right for an individual to be tried by an impartial judge or jury includes assurance of fairness, adherence to court rules, and speedy trial.
• In 1995, Nora Bernard led a group that sought justice for the pain and hardships Indigenous children suffered in the schools.
• Civil wrongs occur when an individual is harmed by another individual.
• Civil Wrongs and Taking Civil Actions: A tort is a wrong which the plaintiff hopes to seek compensation for.
• The individual or victim is responsible for taking private or civil action via a process called a “civil litigation” (Ex suing).
• Double Jeopardy: This is the legal doctrine that an accused person cannot be tried twice for the same offence.
• Miscarriage of Justice Canadian: This happens when an innocent person is wrongfully convicted of a criminal offence.
• Examples of Class Action Lawsuits:
• Justice is Blind: The idea that “Justice is Blind” states that no individual, regardless of their status or occupation, is above the law and can escape justice.
• Crimes are also considered offences against society as a whole (most crimes have victims which also makes them civil wrongs).
• F - Voir Dire: This is a “mini-trial” where the jurors are excluded while the admissibility of evidence is discussed.
• Party to Common Intention: This means that all parties are guilty of any additional offences that are committed while committing a different crime.
• Accessory After the Fact: An accessory after the fact is someone who knowingly receives, comforts, or assists a perpetrator to escape from the police.
• Simple contracts: They are informal contracts and may be made in any way - in writing, orally or they may be implied from conduct
• Material fact: A truth / fact that persuades a buyer to enter into a contract
• Innocent misrepresentation: When a person makes a false statement about a material fact that he or she believed to be true
• Fraudulent misrepresentation: When a seller makes a statement about a material fact knowing it to be false
• Bilateral contract: A promise by one party in exchange for a promise by another party
• Unilateral contract: A promise by one party, in exchange for an action by another party
• Tort: A wrong or injury, which may be intentional or unintentional