Practice PPE - Law

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Conestoga College *

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1610

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Law

Date

Apr 3, 2024

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docx

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Uploaded by dollas2300

PRACTICE PPE - LAW SECTION 1) What are three provincial courts in Canada? (B) The provincial courts of appeal, the provincial superior courts, the provincial courts (pg 67) 2) What is a defendant (A) The person being sued in a civil case (pg 73) 3) What is arbitration (C) An alternative dispute resolution method in which parties in a dispute refer their disagreement to a mutually acceptable, independent third party expert called an arbitrator (pg 79) 4) What is tort law (A) The law that surrounds determining if wrong has occurred against a person and if wrong has occured what compensation to that person should be. (pg 83) 5) What is volenti non fit injuria? (A) An alternative dispute resolution method in which parties in a dispute refer their disagreement to a mutually acceptable, independent third party expert called an arbitrator (pg 85) 6) What is liability? (B) Any legal obligation that one party has towards another, either due now or at some time in the future (pg 85) 7) What is one difference between tort and contract law? (B) Contract law governs how a contract is acted upon and fulfilled while tort law applies outside of a contract (pg 83, 87 & 88) 8) What is one requirement for a successful court action under tort law? (C) It must be proven that the defendant breached a duty of care (pg 105) 9) What is private nuisance? (C) Injury to the property of someone or the interference to the enjoyment of that property (pg 89) 10) What is one thing that the plaintiff must prove in negligence? (A) That the defendant’s conduct caused injury to the plaintiff (pg 100)

11) What is one defence against a tort of defamation? (B) Fair comment which covers areas such as political commentary, book or play reviews and critiques (pg 95 & 96) 12) How does a court normally decide on the level of standard of care required from a professional in the performance of their duties? (B)On what a reasonable level of care and skill expected of a professional of normal competence are (pg 100) 13) What is trespass to chattels? (A) When personal property is touched for no reason, whether it is damaged or not. (pg 93) 14) What is detinue? (C) When personal property is taken without permission (pg 93) 15) What is conversion? (A) When personal property is given with permission for a specific purpose and on the understanding that it will be returned, and then it is used for a different purpose and/or not returned (pg 94) 16) What is negligence? (B) A careless act or omission that causes harm to someone (pg 99) 17) What is duty of care? (C) A legal obligation that one individual or party has towards another to adhere to a certain standard when performing any act that may harm the other individual or party (pg 100) 18) What does remoteness mean in tort law? (A) When it is deemed that there is not a close connection between a wrongful act on the part of the defendant and the injury incurred by the plaintiff (pg 102) 19) What does foreseeability mean in tort law? (B) How likely it is that a reasonable person could have foreseen or predicted the outcome of the events that took place (pg 102) 20) What is negligent misrepresentation? (C) A false statement or conduct which induces another party to enter into a contract (pg 103)

21) What is product liability? (A) It covers matters arising from negligence in the design, production and sale of goods or products (pg 104) 22) What is contributory negligence ? (C) Recognition that the plaintiff might have contributed to the injuries he or she suffered along with the defendant (pg 106) 23) What is one element of a contract? (A) The parties are competent or have capacity (pg 122) 24) What is a condition as it pertains to a contract? (C) Contractual terms which are material or very important to a contract (pg 137) 25) What is self-induced frustration of a contract? (B) When a party deliberately brings about a situation where the contract cannot be performed and ten claims frustration (pg 135) 26) What is a joint venture? (A) A partnership that is usually formed between two or more corporations for the purpose of conducting joint business (pg 153) 27) What is joint and several liability? (C) Each partner is liable alone for any obligations of other partners, and an action against one of the partners is sufficient to bind all other partners (pg 158) 28) What is the purpose of WHMIS? (A) A national system for labelling controlled products that can be unsafe if not handles, stored, transported and disposed of properly (pg 189) 29) What is one component of WHMIS? (C, Hoang) & (A, Samy) A labelling system for controlled and hazardous materials (pg 189) 30) What are three types of intellectual property? (B) Trade-mark, patent, industrial design (pg 190) 31) What are three types of works that can be copyrighted? (A) Dramatic works, musical works and artistic works (pg 194)

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