Chapter 2 - Resolution of Disputes Flashcards
What is Civil Law?
Area of law that deals with parties that have a dispute
Balance of Probabilities
the standard of proof requiring that something be proven to have more likely occurred than not
Appeal
when the losing party in a court case disagrees with the court, they can wish to have a higher court review the case and possibly make a new decision
What does the Supreme Court of Canada do in the civil court system?
They are the highest level of appeal and the decision is final
Only hears cases that may affect Canada as a whole
Leave to Appeal
permission given by 3 Supreme Court Justices for a case to be heard by the Supreme Court of Canada
Parts to Civil court proceedings
Filing: presenting documents to court/opposing parties
Questioning: of all parties and witnesses
Trial
Litigation
complex process to resolve a legal dispute in the civil court system based on the evidence presented by the parties
Lawsuit
dispute between two or more parties brought before the civil court
Settlement
resolution of the dispute that is acceptable to both sides to bring the matter to its final disposition
Claim
the plaintiff’s legal demand for a loss
Civil Litigation Process
the process that the parties suing/being sued must go through from beginning to final disposition
Mediation
parties come together and solve the issue with assistance of a trained mediator
Arbitration
parties come together in a process in between mediation and civil court to resolve issues with the assistance of an arbitrator (whose decision is binding)
