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BLAW 3100 CH2 # (11,13,17,19) 11) Using stare decisis, judges from Court of Queens Bench would be required

to follow a similar decision lay down in the Court of Appeal for Alberta but would not need to follow a decision involving an identical case in another province. 13) The effects of section 91 and 92 are as follows; the federal government has power over banking, currency, postal service, criminal law and the appointment of judges in the federal and higher level provincial courts. 17) There are 3 limitations of the human rights legislation. 1-reasonable limits, limiting them can be demonstrably justified in a free and democratic society. 2notwithstanding clause, it allows each of the provinces and the federal government to override the basic rights which states the new legislation operates notwithstanding of the charter. 3-restriction of the operation of the Charter to government and government activities 19) Charter of Rights and Freedom sets out several rights that are available in cases only to citizens of Canada in other cases to everyone in the nation. Meaning the limitation on those rights are being defined by court decisions. CH3# (6,11,12,20) 6) There are 2 process of discovery. 1-Discovery of documents which means each party has the right to inspect any document in the possession of the other party that may be used as evidence in the trial. 2-Examination of discovery which means the parties meet before a court reporter and under oath asked questions relevant to the problem to be tried. Civil litigation is significant because if you and the other party cannot solve the problem you have to go through civil litigation which is a long process and costly. 11) Successful remedies for a plaintiff include payment in form of damages, which are to compensate the victim, general damages such as pain and suffering, special damages which are expenses and costs during the trial, exemplary damages which are intended not to compensate the victim rather to punish the wrongdoer for extreme behavior. 12) The process when enforcing judgment is the examination in aid of execution to determine the judgments debtors asset and income that can be seized to satisfy the judgment. Special damages would be against debtor avoiding to pay. 20) Negotiation is when the parties meeting to discuss problem to come to an agreement as how it should be resolved. Advantages: cooperative and non binding,

either side can withdraw from negotiations. Disadvantage: lack of skill or experience when one party is in more powerful position. Mediation involves a neutral third party who assists the parties to come to an agreement. Advantages can be very informal, finds common ground. Disadvantages may be inappropriate, if one party is suspected bad faith. Arbitration is when third party decides the problem. Advantages may be experts in the filed, chosen from a pool of trained and certified professionals. Disadvantages decisions cannot be appealed but my be reviewed by the court. CH4 # (2,6,10,14) 2) Assault is fear of contact. Batter is actual contact using force. 6) Elements for a person to be a trespasser are when the person goes on another persons property without having either lawful right or owners permission to do so. 10) False imprisonment, successfully suing is only when the customer did not in fact steal any goods and no justification of holding him or her. 14) Defamation is a published false statement that is to a persons detriment. Trade slander is when it is spoken or libel which is written defamation. CH5 # (1,3,11,16,19) 1) A plaintiff must establish 4 elements to be successful as follows; duty of care is owed to the plaintiff, breach of that duty, and breach of standard care, causation and damage. 3) Reasonable persons test is when a significant role is to play in determining the existence of the apparent authority. The reasonable persons test is used to determine whether the third party should have been misled into believing that the agent had authority by the statements and conducts of the principle. 11) Contributory negligence has been modified in recent years for example; the principle today is more restrictive. For example historically when defendant could show the plaintiff was careless and contributing to own loss, it was complete bar to recovery. This was an all of nothing result and clearly unfair. So the courts developed the last clear chance doctrine, which held the person who had the last opportunity to avoid the accident, failed to do so, completely responsible. 16) Rylands v Fletcher [1868] was a decision by the House of Lords, which established a new area of English tort law.

19) Fiduciary duty is to act in the clients best interest. For example, directors, officers, managers owe a fiduciary duty to their company. Any situation where people put their affairs in the hands of the advisor or employee can give rise to a fiduciary duty.

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