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ENGR 413 MIDTERM STUDY SET Questions With Correct Answers
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ENGR 413 MIDTERM STUDY SET Questions With Correct Answers Three primary features of the Constitution - answerDivision of powers, the creation of the courts, and the Canadian Charter of Rights and Freedoms What falls under federal jurisdiction? - answernational defence, the postal service, broa...

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  • October 16, 2024
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  • 2024/2025
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©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM



ENGR 413 MIDTERM STUDY SET
Questions With Correct Answers


Three primary features of the Constitution - answer✔Division of powers, the creation of the

courts, and the Canadian Charter of Rights and Freedoms


What falls under federal jurisdiction? - answer✔national defence, the postal service,

broadcasting, criminal law, and specific fields such as patent law

Patents and shipping disputes


What falls under provincial jurisdiction? - answer✔Most areas of private law, such as property

rights, contracts, negligence law, and construction liens




laws affecting architecture, engineering, and geo science practice fall under provincial

jurisdiction.


Which law prevails, provincial or federal? - answer✔Federal


Competition Act - answer✔Matters such as bid rigging and unfair trade practices are governed

by the Competition Act, which is a federal statute

, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM


Which courts do each province have? - answer✔A trial court and court of appeal


Trial Level Court - answer✔Has the same powers as the Court of Queens Bench


Inherent Jurisdiction

Judges are appointed by the governor general


Inherent Jurisdiction - answer✔a concept based on the common law doctrine that a superior

court has the authority to hear any matter that appears before it; may be overridden by statute or

legislation


What is the ultimate level of appeal? - answer✔Supreme Court


How can you bring an appeal to the Supreme Court? - answer✔Obtain leave from the supreme

court by demonstrating that there is at least one matter of national importance


Provincial Court - answer✔lowest level of Canadian courts


Provincial criminal courts and civil small claims court


Small claims court - answer✔maximum award amount $25,000


no jurisdiction over construction leins


The charter - answer✔Section of the constitution that gives individual rights to all canadians and

some non-citizens

Applies to acts of the government but not between private parties

, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM


Subordinate legislation - answer✔Regulations created by agencies (and any resultant entity)


Common Law - answer✔Laws created by judges based off of British Law principles


Civil Law - answer✔Used by Qubec and Louisiana, based off of the Napoleonic Code of France


All law is statute based


Qubec Law - answer✔Dictated by the Civil Code


Characteristics of Construction Litigation - answer✔Large # of parties involved


Large # of documents produced that are relevant to the case


What should an unpaid subcontractor do in the case of an insolvency dispute? - answer✔File a

lien or assert a claim against a labor and material payment bond


Lien - answer✔a right to keep possession of property belonging to another person until a debt

owed by that person is discharged.


Limitation period - answer✔the period of time within which legal action must be taken


How can parties in a project allocate risk to minimize it for themselves? - answer✔Design

contracts to allocate risks between the parties

Use insurance to shift risk to the insurer

Use bonds to protect parties from risk of non-performance or non-payment

, ©SIRJOEL EXAM SOLUTIONS
12/3/2024 11:27AM


Include contractual disclaimers to shift risk


Contract - answer✔Voluntary agreements between two or more parties that set out the rights,

responsibilities, and liabilities of the parties to each other.


Tort - answer✔Acts comitted by one party in violation to the rights of another party


Negligence claim - answer✔Asserted by a party who has been injured, either financially or

physically, by the act or omission of another party

You do not need a contractual relationship to file a negligence claim


Right to Title - answer✔The professional regularity authority can regulate the exclusive right for

its members to use a particular title

Protected by the regulatory bodies through discipline and enforcement proceedings


Scope of practice - answer✔no one can practise within the exclusive scope of practice of these

professions without being licensed


Principal functions of professional regulatory bodies - answer✔register members, regulate the

practice of its members, discipline members, and enforce the legislation against non-members

who are practising illegally


Obligations of a professional - answer✔Practice their profession competently and in accordance

to the code of ethics of their regulatory body

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