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level: Law for Professional Practice

Questions and Answers List

level questions: Law for Professional Practice

Question	Answer
1. Plaintiff – party making claim or crown 2. Defendant – party defending against claim or the acused	What are the definitions of a plaintiff and defendant?
1. Power division 2. Courts creation 3. Charter of rights and freedoms	What are three features of the canadian constitution?
1. Statute laws – federal and prov gov enacts of legislation 2. Common laws – judge laws	What are the 2 types of law in canada?
a. Damages b. Specific performance – court order to carry out part of the contract c. Injunction – prohibiting court order from Breaching d. Declaratory Order	What are 4 remedies for a breached contract?
a. Mitigation – suffering party must mitigate damage b. No speculation – loss due to profit must be proven c. Remoteness – not liable for damages to far removed eg. Delayed item causing bankruptcy	What 3 concepts determine damages?
a. Performance b. Mutually agree c. Express term – i. Termination clause, Repudiation of no intentions to preform, Anticipatory breach beforehand d. Breach i. Fundamental breach is major and stops contract ii. Simple breach does not stop contract	What are 4 means to an end/discharging a contract?
1. Contract intent vs literal interpretation – Intent overrides literal 2. Contra Proferentem – if contract is not clear, interpretation favor those who didn’t write it 3. Agency and Authority – the professional is given authority by company to guide 3 party contractors 4. Indemnity – one party agrees to bear damages for another party, eg insurance 5. Paral Evidence Rule – law that states any info that is not on a contract has been omitted for a reason and prohibited as evidence, if wanted to be included the contract must be amended	What are 5 contract definitions?
1. Torts refer to a breach of the duty to care, termed negligence, resulting in an injury of loss a. Tort does not need to involve a contract 2. Reason for tort law is to composite victims and not to punish the negligent 3. Its Possible for tort liability and liability for breach of contract to both occur, this is referred to “concurrent liability in tort and contract	What are torts (3)?
1. Defendant owed the plaintiff a duty of care 2. Defendant breached that duty by his conduct 3. Defendant’s conduct caused injury 4. Defendant’s breach was sufficiently related or cause	What must the plaintiff prove in tort action (4)?
a. Untrue fact b. Not known untrue c. Causing loss due to false statement	What is innocent representation? (3)
a. Untrue fact b. Known to be untrue c. Causing loss due to false statement	What is negligent representation (3)?
a. Untrue fact b. Known to be untrue c. With intent to deceive d. Causing loss due to a false statement	What is fradulent misrepresentation?
1. Vicarious Liability – Liability of both the company and its workers 2. Concurrent Tortfeasors – when one than one party is liable for a tort action 3. Limitation period – period of time for legal action against tort to be taken place as stated by common law	What does vicarious liability, concurrent tortfeasors and limitation period mean?
1. Defamation – libel (writing) and Slander (Oral) 2. Occupier’s liability – Occupier of Property must provide the safety of those coming onto property 3. Nuisance – Allows the comfort of land	Name some other relevent torts (3)?
i. Quebec has Civil Law but some common laws might still apply	What is different about Quebec's civil code?
a. Sole Proprietorship b. Partnership c. Corporation	What are 3 forms of business?
1. Duty of Fidelity – loyalty to employer 2. Duty to Competence 3. Termination Notice and Severance – reasonable notice and severance pay when employment is terminated without cause	what are 3 laws of employment?
1. Use of a union	What does labour law allow for?
1. Negotiation (voluntary) 2. Litigation (Non-Voluntary) 3. Mediation (Voluntary) 4. Alternative Dispute Resolution Methods (ADR’s) such as Arbitration (often voluntary)	What are 4 methods of dispute resolution?
1. Similar to litigation but done privately without a judge 2. Cheaper no court costs	what is abritration?
1. A patent is a right granted by the gov to exclude others from making using or selling an invention in Canada for 20 years 2. Patents include a. Process inventions b. Machine inventions c. Manufacturing inventions d. Composition of matter or any new and useful improvement of an existing invention	What is a patent?
a. Must be new b. Must be useful c. Must show ingenuity 4. Most Patents improve on existing inventions, therefore one often needs an licence agreement on the original patent	What are some criteria of a patent (3)
a. Abstract b. Specification – i. What does the invention solve? ii. What prior art exists and why is it inadequate? iii. How does the invention work? iv. Is the invention new, useful, and ingenious? c. Claims and Drawings	What are 3 components of patents?
6. Patents granted to 1st inventor to file not 1st inventor 7. Public Disclosure may make it difficult to acquire a patent 8. Patent Protection – allows the inventor to sue for damages 9. Convention Priority - claim for protection for multiple countries if filed within one year 10. Patent Cooperation Treaty – standardized filling procedure shared with 142 countries with a single application filed in CAN	What are some other facts about patents (5)?
a. Ordinary mark – consisting of wrds and/or designs b. Certification Mark – used to identify a standard of quality (ISO 9001) c. Distinguishing Guise – Consisting of shaping of goods or packaging	What are three kinds of trademarks?
2. TM give 15 years of protection in Canada then is renewable every 15 years a. A might not need registering if a TM is established after a length of time passes with ownership via common law in canada 3. If not used for an extended period of time TM may be removed from the register of TM	What are some facts about trademarks (3)
1. Copyright is to sole right to produce, reproduce, or publish a work or part in any form	What is a copyright?
a. Literary b. Drama c. Artistic d. Music e. Performances of work f. Sound recordings g. Communication signals	What kinds of things does a copyright give protection for (7)?
3. Copyright for a work last life of author(s) plus 50 years after year end date 4. Crown copyright last 50 years after year end of publication but documents may be used without payment as long as not used as official versions	How long does a copyright last for?
a. One is allowed to modify a program if for their use only and only one copy b. One can make a single back up	what two exceptions apply to the copyright act with computers?
6. Assignment – Copyright owner transfer rights to another 7. License – Copyright owner allows another to use work but retains ownership	What is assignment and license in the context of copyright?
i. Provides an impartial and non-biased opinion on a case ii. Expert witness should not be paid based on outcome of case	What is an expert witness (2)?
i. A Lien is a claim against the property where work was preformed or material supplied to for improvement to the property 1. Purpose of a lien is to ensure payment for services or products and to enable credit ii. If owner sells property, the new owner inherits the responsibilities of owned liens iii. Until a lien is proven in court, it is only registered and can be removed if lien is paid in full iv. Liens must be registered within a certain period of time upon completion of the prime contract	What are Construction Liens and aspects of it (4)?
i. International Agreements take precedence over provincial or municipal legislation ii. Although International agreements take precedence, one must still adhere by provincial rules and regulations	What are two factors of international law?
i. Environment Site Assessments (ASA) are to be preformed in accordance with the Canadian Standards Association (CSA) and consists of 3 parts 1. ESA Phase I – info gathering such as title searches ect 2. ESA Phase II – if recommended in Phase I, dictates sampling procedures 3. ESA Phase III – if recommended in Phase II, describes remediation Procedures	What are environmental site assessments and three phases of them?
i. Form of no-fault insurance that ensures employee is compensated without the need to sue ii. No-Fault means that the cause of injury has no bearing on whether the employee is given compensation iii. Worker Compensation Board (WCB) can collect funds from employers to pay injured, in return employers are protected from lawsuits iv. If worker is hurt on job, he cant sue the employer but is covered by the Workers Compensation Act	What are three factors of workers compensation?
1. Knowledge – of hazards and proper training 2. Refusal – of dangerous work without dismissal or disciple 3. Participation – in worker protection and workplace safety	what 3 rights to employees have when it comes to health and safety?
i. Some discrimination is allowed such as physically ability if job is physically demanding ii. Privacy Legislation governs personal info of worker but not personal info of corporations	Human rights and privasy legislation (2)