GLOSSARY

criminal law
certiorari—this remedy is a high court order quashing the decision of
an inferior tribunal—for example, this writ may arise in the context
of an administrative driving prohibition, in which case it may be
possible to apply to the high court to quash an administrative driving
prohibition—

ignorantia juris non excusat—this maxim states that ignorance of the
law is no excuse—however, in the context of a driving prohibition a
mistake of fact may be a defence in some circumstances—


personal injury
lex loci delicti—this maxim states that the law of the place where the
wrongful act occurs is the applicable law—for example, if someone from
Saskatchewan has an accident in Alberta and wants to sue in British
Columbia, it must be determined which law governs—in this scenario it
would be Alberta, which is where the accident occurred—

volenti non fit injuria—this dictum states that a volunteer suffers no
injury—for example, where a passenger knowingly accepted a ride from a
drunk driver and there is an accident, the law would basically regard
that person as having assumed the risk, and so suffering no legally
recognizable injury—

 

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