Chap 13-vocab

Question 1

causation

Answer 1

the evidentary link between the conduct of the defendant nd the damages complained of in a lawsuit such that the damages complained of would not have occurred but for the actions of the defendant

Question 2

class action

Answer 2

a procedural mechanism used when a large # of plaintiffs sue over the same event or set of facts

Question 3

declaration

Answer 3

a finding of a court, given w/o other relief

Question 4

duty of care

Answer 4

the legal obligation to act reasonably so that harm does not occur to others

Question 5

friend of the court

Answer 5

an intervenor w the right to present oral/written submissions to the court but w/o the full rights of a party-amicus curiae

Question 6

general damages

Answer 6

damages that are subjective and not easily quantified, such as pain

Question 7

injunction

Answer 7

a court order that requires a defendant either to do something (a mandatory injunction) or to refrain from doing something (a prohibitory injunction)

Question 8

intervention

Answer 8

a procedural device that allows persons or organization s that are not plaintiffs or defendants to participat in a legal proceeidng as added parties or friends of the court

Question 9

negligence

Answer 9

failure to act reasonably, with the result being harm to someone else

Question 10

nuisance

Answer 10

tort in which the defendat interferes w the use and enjoyment of the plaintiff’s property

Question 11

public interest intervention

Answer 11

a category of intervention that blurs the added party and friends fo the court categories, and which is commonly recognized where the Charter is an issue in the case

Question 12

public interest standing

Answer 12

a new and broader test for determining whether a person has standing, requiring that the person either have a genuine interest in the litigation or be in a better position to bring the action than anyone else.

Question 13

punitive damages

Answer 13

damages intended to punish the defendant and set an example

Question 14

special damages

Answer 14

damages directly causedd by the defendant’s behaviour that are easily and objectively quantifiable, such as the costs of repair

Question 15

standard of care

Answer 15

the degree or level of care that is required— what is reasonable in the circumstances

Question 16

standing

Answer 16

the right to sue

Question 17

strict liability

Answer 17

a liability incurred by a party who undertakes a hazardous activity on a property and allows harmful material to escape that harms others; the party is liable even if he or she took all reasonable precaution and was not negligent in the activities.

Question 18

trespass

Answer 18

a physical presence on someone else’s property, w/o permission