Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

Business Law > Chapter 3 > Flashcards

Chapter 3 Flashcards

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Administrative law

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Affidavit

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Alternative dispute resolution (ADR)

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Appeal

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Applications for directors

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Arbitration

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Beyond a reasonable doubt

A

The burden of proof in criminal matters

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Bias

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Certiorari

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Civil litigation

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Class proceeding

A

Same as class action

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Conflict of laws

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Damages

A

Monetary compensation to a victim

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Declaration

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Declaratory judgement

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Discovery

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Error of law
When a decision maker incorrectly states the legal interpretation or effort of the statute or common law
26
Examination for discovery
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
27
Examination in aid of execution
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
28
Exemplary damages
Damages in excess of the plaintiff’s actual losses, intended to punish the wrongdoer for outrageous or extreme behaviour; punitive damages
29
Fair hearing
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
Garnishee
Person owing money to a judgment debtor
31
Garnishment
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
General damages
Compensation for future pecuniary losses and incalculable losses such as pain and suffering
33
In-camera hearings
Part of a trial proceeding that is closed to the public
34
Interpretation statute
A statute that directs the court to interpret legislation in a specific way
35
Judicial review
Power held by the courts to review decisions made by administrative decision makers
36
Judgment creditor
The person to whom a court awards damages or costs
37
Judgment debtor
The person ordered by a court to pay damages or costs
38
Jurisdiction
Legal authority and scope of power
39
Limitation period
The period of time within which legal action must be taken
40
Mandamus
A court order directing that a specific act be performed
41
Mediation
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
Negotiation
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
Notice of civil claim
A statement of claim in BC
44
Offer to settle
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
Party and party costs
Court costs determined by a tariff establishing what losing parties in a civil action ought to pay
46
Pleadings
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
Prerogative writ
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
Pre trial conference
A meeting of the parties, their lawyers and a judge to attempt to settle any or all of the issues in the proceeding
49
Principles of fundamental justice
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
Privative clause
Terms in a statute that attempt to restrict the right of judicial review
51
Probate courts
Specialized courts dealing with wills and estates; also known as surrogate courts
52
Prohibition
An order not to proceed with a hearing or other administrative process
53
Punitive damages
Damages in excess of the plaintiff’s actual losses, intended to punish the wrongdoer for outrageous or extreme behaviour
54
Regulators
Government agencies including ministries, departments, boards, commissions, agencies, tribunals and individual bureaucrats at the federal, provincial and municipal levels
55
Response to civil claims
A statement of defence in BC
56
Rules of evidence
Rules governing what kind of evidence will be accepted by the courts
57
Rules of natural justice
Minimum standards of procedural fairness
58
Seizure
When the court authorizes property of the defendant to be seized and sold to satisfy a judgment
59
Sentencing circles
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
Solicitor and client costs
Costs based on what a lawyer ought to actually charge their client
61
Special damages
Monetary compensation awarded by a court to cover actual expenses and calculable pre trial losses
62
Specific performance
An order by a court to a breaching party that it live up to the terms of an agreement
63
Statement of claim
The document setting out the nature of the complaint and the facts alleged that former the basis of the action
64
Statement of defence
Response by the defendant to a statement of claim
65
Superior court
The highest trial court in a province or territory
66
Surrogate courts
Specialized courts dealing with wills and estates; probate courts
67
Without prejudice
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
Writ of summons
The written judicial order by which legal actions are commenced in some jurisdictions

Business Law (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions