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Business Law > Chapter 3 > Flashcards

Chapter 3 Flashcards

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1
Q

Abuse of power

A

An action by a tribunal beyond the jurisdiction set out in the legislation governing it, or in making an unreasonable decision

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2
Q

Administrative law

A

The rules and regulations governing the function and powers of the executive branch of government

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3
Q

Administrative tribunals

A

Specialized dispute adjudication forums created by statute, that have been given quasi-judicial powers to resolve disputes and to implement and enforce legislation

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4
Q

Affidavit

A

A written statement made by a witness out of court but under oath

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5
Q

Alternative dispute resolution (ADR)

A

The use of processes such as negotiation, mediation and arbitration to resolve disputes instead of court action

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6
Q

Appeal

A

A formal process whereby a higher court will re-examine a decision made by a lower court

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7
Q

Applications for directors

A

Interim applications and questions that are brought before a judge (before the actual trial) for a ruling

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8
Q

Arbitration

A

The submission of parties in a dispute to having an arbitrator make a binding decision on their claims

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9
Q

Arbitrator

A

A panel or other third party that has been given the authority to make a binding decision on a dispute between parties

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10
Q

Attachment of debt

A

A court order that monies owed to the judgment debtor by third parties be paid into court and applied towards judgment debts; also known as garnishment

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11
Q

Balance of probabilities

A

The burden of proof in civil matters; the person making the claim must provide evidence to convince the court that there is a greater than 50% chance likelihood that the event took place as claimed

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12
Q

Beyond a reasonable doubt

A

The burden of proof in criminal matters

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13
Q

Bias

A

Prejudice against or partially toward one party, for example, based on a decision maker’s personal interest in the decision

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14
Q

Certiorari

A

A court order overturning a decision and making it null and void

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15
Q

Civil litigation

A

The process of one party’s suing another in a private action, conducted in a trial court

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16
Q

Class action

A

When a plaintiff launches a legal action on behalf of themselves and others with the same interest; also known as class proceeding

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17
Q

Class proceeding

A

Same as class action

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18
Q

Conflict of laws

A

When there are difference between the laws of different jurisdictions, including provinces and countries

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19
Q

Counterclaim

A

A statement of claim by the defendant alleging that the plaintiff is responsible for the losses suffered and claiming back against the plaintiff for those losses

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20
Q

Damages

A

Monetary compensation to a victim

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21
Q

Declaration

A

An official statement by the court on the law applicable to a particular case as an outcome of a trial

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22
Q

Declaratory judgement

A

A declaration by the court as to what the law is in any matter brought before it

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23
Q

Discovery

A

Pre-trial disclosure of information, consisting of discovery of documents and examination for discovery

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24
Q

Discovery of documents

A

Pre-trial inspection of any document that is held by the other party and may be used as evidence

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25
Q

Error of law

A

When a decision maker incorrectly states the legal interpretation or effort of the statute or common law

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26
Q

Examination for discovery

A

A pre trial meeting in which lawyers from opposing sides question the plaintiff and defendant in a civil suit under oath, their responses can be entered as evidence

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27
Q

Examination in aid of execution

A

A court ordered review of the judgement debtor’s finances to arrange for payment of the judgment; called an examination in aid of enforcement in Alberta

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28
Q

Exemplary damages

A

Damages in excess of the plaintiff’s actual losses, intended to punish the wrongdoer for outrageous or extreme behaviour; punitive damages

29
Q

Fair hearing

A

A hearing conducted in accordance with the rules of procedural fairness; the person affected negatively by a decision has the right to receive proper and timely notice of all the matters affecting the case and be given a chance to put forward their side

30
Q

Garnishee

A

Person owing money to a judgment debtor

31
Q

Garnishment

A

A court order that monies owed to the judgment debtor by third parties be paid into court and applied toward judgment debts; also known as attachment of debt

32
Q

General damages

A

Compensation for future pecuniary losses and incalculable losses such as pain and suffering

33
Q

In-camera hearings

A

Part of a trial proceeding that is closed to the public

34
Q

Interpretation statute

A

A statute that directs the court to interpret legislation in a specific way

35
Q

Judicial review

A

Power held by the courts to review decisions made by administrative decision makers

36
Q

Judgment creditor

A

The person to whom a court awards damages or costs

37
Q

Judgment debtor

A

The person ordered by a court to pay damages or costs

38
Q

Jurisdiction

A

Legal authority and scope of power

39
Q

Limitation period

A

The period of time within which legal action must be taken

40
Q

Mandamus

A

A court order directing that a specific act be performed

41
Q

Mediation

A

A discussion between the parties to a dispute that is facilitated by a mediator in an effort to to encourage and assit them in coming to an agreement

42
Q

Negotiation

A

Direct communication between the parties to a dispute in an effort to resolve the problems without third party intervention; transferring negotiable instruments to third parties

43
Q

Notice of civil claim

A

A statement of claim in BC

44
Q

Offer to settle

A

A formal offer by either party to modify or compromise its claim to settle the matter before trial, refusal of which offer may affect costs

45
Q

Party and party costs

A

Court costs determined by a tariff establishing what losing parties in a civil action ought to pay

46
Q

Pleadings

A

The documents used to initiate a civil action, including the statement of claim, the statement of defence and counterclaim, and any clarification associated with them

47
Q

Prerogative writ

A

One of the remedies the court may apply if it finds that an administrator has acted beyond their jurisdiction, made an unreasonable decision, or not followed the rules of natural justice

48
Q

Pre trial conference

A

A meeting of the parties, their lawyers and a judge to attempt to settle any or all of the issues in the proceeding

49
Q

Principles of fundamental justice

A

Principles set by tradition and convention that protect the right to a fair hearing by an impartial decision maker acting in good traits to implement a valid law

50
Q

Privative clause

A

Terms in a statute that attempt to restrict the right of judicial review

51
Q

Probate courts

A

Specialized courts dealing with wills and estates; also known as surrogate courts

52
Q

Prohibition

A

An order not to proceed with a hearing or other administrative process

53
Q

Punitive damages

A

Damages in excess of the plaintiff’s actual losses, intended to punish the wrongdoer for outrageous or extreme behaviour

54
Q

Regulators

A

Government agencies including ministries, departments, boards, commissions, agencies, tribunals and individual bureaucrats at the federal, provincial and municipal levels

55
Q

Response to civil claims

A

A statement of defence in BC

56
Q

Rules of evidence

A

Rules governing what kind of evidence will be accepted by the courts

57
Q

Rules of natural justice

A

Minimum standards of procedural fairness

58
Q

Seizure

A

When the court authorizes property of the defendant to be seized and sold to satisfy a judgment

59
Q

Sentencing circles

A

A meeting of all interested persons in a circle to discuss a case involving an Indigenous person. Court is not bound to accept a circle sentence

60
Q

Solicitor and client costs

A

Costs based on what a lawyer ought to actually charge their client

61
Q

Special damages

A

Monetary compensation awarded by a court to cover actual expenses and calculable pre trial losses

62
Q

Specific performance

A

An order by a court to a breaching party that it live up to the terms of an agreement

63
Q

Statement of claim

A

The document setting out the nature of the complaint and the facts alleged that former the basis of the action

64
Q

Statement of defence

A

Response by the defendant to a statement of claim

65
Q

Superior court

A

The highest trial court in a province or territory

66
Q

Surrogate courts

A

Specialized courts dealing with wills and estates; probate courts

67
Q

Without prejudice

A

Words that, when used during negotiation, are a declaration that concessions, compromises and admissions made by a party cannot be used against that party in subsequent litigation

68
Q

Writ of summons

A

The written judicial order by which legal actions are commenced in some jurisdictions

Business Law (16 decks)

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