LGST 1120

Card Set Information

Author:
xx.chelsii
ID:
276189
Filename:
LGST 1120
Updated:
2014-06-05 15:42:07
Tags:
Exam
Folders:

Description:
Week 1-6
Show Answers:

Home > Flashcards > Print Preview

The flashcards below were created by user xx.chelsii on FreezingBlue Flashcards. What would you like to do?


  1. What are the 2 types of order?
    • Final
    • Interlocutory
  2. What is the purpose of an interlocutory order?
    • Assist in preperation for trial or disposition without trial
    • It does not end the lawsuit; does not decide the ultimate issue-Involves the side matters not ultimate issues
    • i.e. 5 year prior history
    • Can be contested or uncontested
  3. Specific performance
    Contract matter
  4. What is a tort?
    • Protects the rights and particularly property from invasion. Provides concrete protection w/ respects to:...
    • -Negligence (new but most common), involves somebody acting less than a reasonable person causing loss, injury, damage to another person... Reasonable X at some level
  5. Intentional tort of battery
    i.e. Touching another person w/o consent is a battery-Has to be contact that agreed upon by a reasonable person (assault-criminal NOT civil)
  6. Civil vs. criminal Assault
    • An act that causes immenent harm
    • Criminal: Protects the psychological
    • Civil: When claiming damages for someone conduct
  7. What is unjust enrichment?
    • 1 party has to recieve a benefit, the other has to have endured a corresponding deprivation.
    • There should be no (juristic) reason why one should be deprived and the other not
  8. Remedies: (9)
    • 1. Damages
    • 2. Injunctions
    • 3. Recision
    • 4. Specific performance
    • 5. Declarations
    • 6. Restitution
    • 7. Some Family Law
    • 8. Some administrative law
    • 9. Some Criminal Law
  9. Damages
    • Damages are the most common remedy sought in courts of British Columbia; there are all kinds of cases that arise for damages*
    • Can be broken down into 2:
    • 1. Compensatory: Compensation for┬áloss suffered
    • 2. Non-compensatory: About actions and punishing the wrong-doer
  10. Compensatory damages (3 types)
    • 1. General damages
    • 2. Special damages
    • 3. Aggravated damages

    (1 & 2 most common)
  11. General Damages
    • Compensatory
    • Damages that flow immediatly from the wrongful act of defendant.
    • Most common=Pain & suffering
    • it CANNOT be mathematically calculated; has to be assessed
  12. Special Damages
    • Compensatory
    • Can generally be calculated; you can compute mathematically
    • Don't flow as immediatly from injury as general; more indirect
    • i.e. Car crash 45 physio visits x $100/visit
  13. Aggravated Damages
    • Compensatory
    • Some kind of conduct that give rise to punitive damages
    • Purpose: Compensate person harmed for extra harm that flows from nature of conduct
    • -High-handed/arrogant conduct
  14. Punitive Damages
    Non-compensatory/Exemplitary=Same thing

    • Awaraded in rare cases
    • Focused on conduct of the wrong-doer
    • Meant to punish high handed arrogant conduct
  15. Mandatory Injunction
    is one which requires the defendant to act positively-Remedy for PAST wrongs and un-do some wrong committed
  16. Specific performance
    Has the advantage of avoiding the problems and costs the parties and judicial system must incur if damages are to be assessed
  17. Declatory Judgement
    Judicial statement confirming or denying a legal right of the applicant

What would you like to do?

Home > Flashcards > Print Preview