UNIT ONE STUDY GUIDE

This guide is to help you review for your first unit test. We will not be taking this up in class. The
unit one test covers modules one to four. This guide is comprehensive, however, anything
covered so far is testable, even if not on this guide. See your course schedule on your website,
under content, then course information, for the date of your first test.

Glossary
Absolute privilege - module three
Alternative Dispute Resolution (ADR) - module two
Appeal - module two
Appellant - module two
Arbitrator - module two
Burden of Proof – module two
Cabinet - module one
Charter of Rights and Freedoms - module one
Civil Law - module one
Common Law - module one
Constitutional Law - module one
Contingency fee – module two
Counterclaim – module two
Deductible - module four
Defendant - module two
Disclosure of Records – module two
Garnishee – module two
Insurance- module four
Insured- module four
Insurer- module four
Intentional Tort- module three
Judgment Creditor - module two
Judgment Debtor - module two
Judiciary - module one
Limitation Period - module two
Mediator - module two
Negotiation - module two
Non-Pecuniary Damages - module three
Occupier - module three
Occupier’s Liability - module three
Paramountcy - module one
Pecuniary Damages - module three
Plaintiff - module two
Precedent - module one
Premium - module four
Punitive (exemplary) Damages- module three
Questioning – module two
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Remoteness- module three
Respondent - module two
Seizure – module two
Statement of Claim – module two
Statement of Defence – module two
Statute Law - module one
Thin skull rule- module three
Tort - module three
Unintentional Tort- module three
Vicarious liability - module three

Module One - The Legal System

1. What is the purpose of sections 91 and 92 of the Canadian Constitution? (Explain the division of
powers)

2. Compare and contrast the three branches of government. (legislative, executive, judicial)

3. Be able to recognize whether a topic we have covered in module one is federal or provincial.

4. Compare and contrast the common law system and the civil law system.

5. Given a short example, discuss relevant Charter issues. Example – Search of garbage cans in back
alley.

6. Explain s 1 and s 33 of the Charter and understand how these can limit our right and freedoms.

Module Two - The Court System

7. Can a person be charged criminally and sued civilly for the same thing?

8. Compare and contrast a civil case (lawsuit) and a criminal case (charges).

9. Compare and contrast a trial and an appeal.

10. Compare and contrast mediation, arbitration and litigation, including when it would be suitable to use
each method of dispute resolution.

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11. Given a sample situation, determine which court would be appropriate (Federal Court, Alberta Court
of Justice, King’s Bench, Court of Appeal, Supreme Court of Canada). Example, which court would hear
an appeal from a wrongful dismissal lawsuit for $160,000?

12. Explain the differences between the courts (trial or appeal, amount, type of case, who can be sued)

Module Three - Torts

13. Given a sample fact situation for negligence:
a. apply the four elements to determine if negligence has occurred; and

b. determine if either of the two defences apply. (voluntary assumption of the risk or contributory
negligence).

14. What is Occupiers’ Liability?

15. Name and explain or recognize an example of each of the torts you have learned about. (Torts are
negligence, nuisance, trespass, false imprisonment, assault, battery, deceit, interference with
contractual relations, defamation, passing off) Refer to the sample situations in the assignments and
class exercises for examples.

16. What defences are available to each of the following?

a. Assault

b. Battery; and

c. Defamation.

Module Four - Insurance Law

17. What are the basic kinds of insurance and when is each used? - Example business interruption
insurance is used to cover loss of profit if your business has to close due to property loss

18. Define each of the four important legal concepts in insurance and apply examples (duty to disclose,
indemnity, insurable interest, subrogation)