anglais Flashcards
what is a plaintiff
the person who file complaint in civil lawsuit.
the plaintiff
what is a motion
an application to the court for an order of some kind.
what is an answer
a written statement made by the defendant party in respond of a complaint.
what is a complaint
a written statement by the plaintiff witch details the wrongs allegedly committed by another person
injunction
an order by the court of stopping something.
damages
money compensation.
torts
it is a something wrong done to someone.
clerk of court
a officier appointed by the court is role is to assist
torts
an act or omission, breach of contract, a civil wrong
what is a class action
a procedural device witch alow claims to be held by a group and be resolved in one proceeding.
Forge
what are the element of the forge
meaning in french
to make an illegal copy of something
document, painting or something in written
falsifier
Defraud
who are the victim ?
in french
to get money illegally by tricking somoene.
a person or an organization
escroquerie
counterfeit
what the people victim of the couterfeit thinks ?
the meaning in french
to make a nearly exact copy of something valuable
they think their getting the real thing
contrefaçon
define swindle
what’s the pupuse ?
in french
- to cheat somebody
-to get money or something valuable from them
anarquer
bribe
in french
to give somebody money or something valuable in order to persuade them to help you, especially by doing something dishonest
corrompre / pot de vin
embezzle
in french
steal the money from your employer or the money you were responsible for.
détourner
translate freshman year
première année d’étude universitaire
translate fleeced
Tondre => expression prendre toute la thune de quelqu’un.
translate fork over
Débourser de l’argent et le mettre dans plusieurs endroits
translate in french relief
répération
Define liability
Responsibility
Define settlement
An official agreement intended to resolve a dispute or a conflict
Who have to support the burden of the proof ?
The plaintif have to support the burden in civil and criminal cases
What is the standard of proof ?
In civil case it’s 51% the preponderance of evidence.
In criminal cases it’s 100% beyond reasonable doubt.
What are the seven steps in trial/court
1/ write a complaint
2/ file the complaint
3/ the complaint is reviewed by the court
4/ the defendant is served with a summon
5/ pleadings
6/ discovery
7/ motions
What are the 4 condition to establish the negligence ?
- establish that the defendant had a duty of care toward the victims paintiff.
- establish that the duty of care was a breached.
- Establish that the plaintiff suffered a damage or harm as a result.
- establish that the damage was a direct result of the breach of the contract.
What are the two result of a trial ?
- Conviction ( condamnation).
- Acquittal (acquittement).
Translate «guilty plea» ?
Reconnaître sa culpabilité
Define the holding ?
In civil procedure it’s the decision of the court
defamation
is a tricky area of law
- statement that injure a third party’s reputation.
- the defamtion can be libel (written statement) or slander(spoken statement)
between stating an opinion versus a fact and the 1st amendement.
what is the discovery
period or you ask a document.
what is the meaning of the expression of ambulance chasers ?
lawyer who go to the hospital to *make their own marketing by paying people to check a person injury and ask why.
define minglle
fréquentez
meaning of “file a complians”
formal statement that someone has harmed somebody else or done something illegal witch must be proved in a court of law.
What are the six steps of a pleading ?
1/ introduce you and the client.
2/ give the facts.
3/ state the complaint.
4/ give indication about witness you’ll call to testify the evidence you’ll present.
5/ pre-emptive strikes.
6/ make a conclusion
Translate in French Hoax
Canular
What is the difference between damage and damages ?
Damage => it’s an injury or harm
Damages => money compensation
What are the three commonly stated purposes of tort law ?
- deterrence or incentive
- compensation
- fairness
Translate deterrence and incentive in French
Deterrence = dissuader
Incentive = incite à bien se comporter.
What are the two type of torts ?
- lineal torts accrue grime accidents, product liability strict liability.
- oblique torts ( economic or dignitary harm - fraud intentional economic interference, defamation, invasion of privacy)
Give a synonyme of walked
To toe the line.( franchir la ligne)
What is the civil standard ?
Preponderance of the evidence or the balance of the probability.
What does it mean sequestered in court ?
That the jury is supposed to live on a hotel with no tv computer television or mobile phone to prevent them from being influenced
what is the meaning of the accronyme DARVO
deny, attack, reverse, victim, offender
Translate christened lampoon
christened = baptise
Lampoon = ridiculiser
What are the four main parts of a complaint?
{1}The names and adresses of the plaintiffs and the defendants
2. The jurisdiction
3. The allegation or claims
4. The remedy you seeking fern the court ( monetary or something you want the judge to make the defendant do or stop doing).
What are the 3 types of damages ?
Punitive damages = the purpose is to awarded a punishment a wrongdoer
Compensatory damages = compensate the harmed party for their loss or injury
Nominal damages = when the defendant is found liable but awarded by the court a symbolic amount such as a dollar
