Question 1

Which of the following is most likely attributable to a private prosecution?

Accepted Answer

Private prosecutions are a rare form of criminal prosecution that can be initiated by a private individual rather than by the state or public prosecuting authorities. This distinguishes them from the more common forms of criminal prosecution, which are typically initiated by the state or Crown.

Question 2

Which of the following would be characteristic of an offence of aggravated assault under s.268(1)of the Criminal Code of Canada?

Accepted Answer

Aggravated assault under s.268(1) of the Criminal Code of Canada is characterized by actions that wound, maim, disfigure, or endanger the life of the victim. Wilful disfiguration or endangerment of another person directly aligns with this definition.

Question 3

What are the legal terms given to the party bringing a criminal action and to the party bringing a tort action?

Accepted Answer

In legal terms, the party bringing a criminal action is referred to as "the Crown" (or "the state" in some jurisdictions), and the party bringing a tort action is referred to as the "plaintiff."

Question 4

Which of the following is a valid defence to a claim for damages for losses arising from an alleged negligent act?

Accepted Answer

The concept of foreseeability plays a crucial role in negligence claims. If a loss was reasonably unforeseeable or could not have been reasonably prevented, it may serve as a valid defense against a claim for damages. This is because negligence requires a duty of care that was breached, leading to foreseeable harm. If the harm was not foreseeable or preventable, the breach of duty may not be established.

Question 5

Which of the following is the phrase "unreasonable conduct" synonymous with when considered in its legal context?

Accepted Answer

"Unreasonable conduct" in a legal context is most closely synonymous with negligence. Negligence refers to a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances, which can be seen as unreasonable conduct.

Question 6

Which statement best describes the relationship between tort law and criminal law?

Accepted Answer

Legal consequences can indeed arise under both criminal and tort law from the same event. For example, an assault may lead to criminal charges as well as a civil lawsuit for damages.

Question 7

While a central function of tort law is compensation for innocent victims,why might the application of tort law not result in compensation for an innocent victim?

Accepted Answer

Tort law requires that the defendant's conduct be blameworthy or negligent for the victim to receive compensation. If the defendant's actions do not meet this standard, the victim may not be compensated.

Question 8

Which statement best describes the distinction between criminal law and tort law?

Accepted Answer

Tort law focuses on compensating the victim for losses or injuries caused by the defendant's actions, while criminal law aims to punish the offender for acts considered offenses against the state or society.

Question 9

Rodolfo was permanently injured in a vehicle collision.He retained Pilgren six months prior to the limitation date to commence a law suit on his behalf.Pilgren incorrectly noted the limitation date.As a result,he failed to file the claim within the prescribed time.What is the tort that arises in these circumstances?

Accepted Answer

Professional negligence arises when a professional fails to perform their responsibilities to the required standard of care, resulting in harm to their client. In this case, Pilgren's incorrect notation of the limitation date and subsequent failure to file the claim in time directly harmed Rodolfo's interests, constituting professional negligence.

Question 10

What is the primary goal of tort law?

Accepted Answer

The primary goal of tort law is to provide compensation to victims for losses or damages caused by the actions of others.

Question 11

Which statement best describes one of the key objectives of tort law?

Accepted Answer

Tort law aims to allocate losses to the responsible party, ensuring that those who suffer damages due to another's actions can be compensated by the person responsible for the harm. This principle is fundamental in addressing issues of fairness and accountability in civil law.

Question 12

Graham was in a hurry and forgot to purchase a parking pass after parking his car in a private parking lot.Which tort has Graham likely committed in these circumstances?

Accepted Answer

Graham has likely committed trespass by parking his car in a private parking lot without permission (i.e., without purchasing a parking pass). Trespass to land occurs when a person enters or remains on land without the consent of the landowner.

Question 13

Casia,who had always been in good health,suffered a heart attack while driving her car and crashed into a pedestrian who in turn suffered serious personal injuries as a result of being struck.Which statement best describes the most likely outcome?

Accepted Answer

Casia did not commit a tort because the heart attack was a sudden and unforeseen medical emergency, which means she did not act negligently.

Question 14

How do the burdens of proof in criminal cases and tort cases differ?

Accepted Answer

The burden of proof in a criminal case is higher than in a tort case because the consequences of a criminal conviction are more severe than the consequences of a tort judgment. In a criminal case, the defendant can be deprived of their liberty, while in a tort case, the defendant is typically only required to pay damages.

Question 15

What is considered to be the critical intent behind the prosecution of criminal acts that contravene the laws prescribed in the Criminal Code of Canada?

Accepted Answer

DThe critical intent behind the prosecution of criminal acts in the Criminal Code of Canada is to determine and enforce the adequate punishment of wrongdoers (C) and to maintain respect for established societal rights of the Canadian people (D). This approach aims to uphold the rule of law and ensure that justice is served, reflecting the principles of accountability and the protection of society and its values.

Question 16

Where the same incident has led to both criminal charges and the commencement of a lawsuit,what will most likely be the result?

Accepted Answer

Criminal conviction can be relevant and potentially influential in a related civil action in tort because the burden of proof is lower in civil cases (preponderance of the evidence) than in criminal cases (beyond a reasonable doubt). Therefore, if a defendant is convicted criminally, it may be easier to establish liability in a civil lawsuit based on the same facts. However, a criminal conviction is not necessary for a civil action to proceed or succeed, nor does it ensure success in a civil case.

Question 17

What do negligence and breach of contract have in common?

Accepted Answer

Negligence and breach of contract are both considered private wrongs because they involve disputes between private parties, rather than offenses against the state or society at large. Negligence is a type of tort, which is a civil wrong, while breach of contract is a violation of the terms of a contract agreed upon by the parties involved.

Question 18

What does the law consider to be a qualifying act with respect to the commission of a tort of battery?

Accepted Answer

Battery is defined as an intentional unpermitted act causing harmful or offensive contact with the "person" of another. It involves physical contact with another person without their consent, thus B is the correct answer. Choices A, C, and D describe trespass, negligence, and assault respectively, not battery.

Question 19

Carson is a security guard in a department store and made a citizen's arrest of an individual who was acting suspiciously and whom he suspected was a shoplifter.However,the police were unable to find any evidence of theft and the customer was released.Which statement best describes the most likely outcome?

Accepted Answer

Carson and his employer may be liable for the tort of false imprisonment because the customer was detained without evidence of theft, which could be considered an unlawful restriction of the individual's freedom of movement.

Question 20

Neither Jeremy nor Jayson could afford the $60 ticket price for the RTG concert,but they were determined to go nonetheless.They were humiliated when they were apprehended shortly after sneaking in through a side entrance,charged,and sternly escorted from the building.What is the most likely infraction arising from these circumstances?

Accepted Answer

Trespass to land is the most likely infraction because Jeremy and Jayson entered the concert venue without permission, which is a direct violation of the property owner's rights.

Quiz 10: Introduction to Tort Law