Chapter 3 Flashcards
Abuse of power
An action by a tribunal beyond the jurisdiction set out in the legislation governing it, or in making an unreasonable decision
Administrative law
The rules and regulations governing the function and powers of the executive branch of government
Administrative tribunals
Specialized dispute adjudication forums created by statute, that have been given quasi-judicial powers to resolve disputes and to implement and enforce legislation
Affidavit
A written statement made by a witness out of court but under oath
Alternative dispute resolution (ADR)
The use of processes such as negotiation, mediation and arbitration to resolve disputes instead of court action
Appeal
A formal process whereby a higher court will re-examine a decision made by a lower court
Applications for directors
Interim applications and questions that are brought before a judge (before the actual trial) for a ruling
Arbitration
The submission of parties in a dispute to having an arbitrator make a binding decision on their claims
Arbitrator
A panel or other third party that has been given the authority to make a binding decision on a dispute between parties
Attachment of debt
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
Balance of probabilities
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
Beyond a reasonable doubt
The burden of proof in criminal matters
Bias
Prejudice against or partially toward one party, for example, based on a decision maker’s personal interest in the decision
Certiorari
A court order overturning a decision and making it null and void
Civil litigation
The process of one party’s suing another in a private action, conducted in a trial court
Class action
When a plaintiff launches a legal action on behalf of themselves and others with the same interest; also known as class proceeding
Class proceeding
Same as class action
Conflict of laws
When there are difference between the laws of different jurisdictions, including provinces and countries
Counterclaim
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
Damages
Monetary compensation to a victim
Declaration
An official statement by the court on the law applicable to a particular case as an outcome of a trial
Declaratory judgement
A declaration by the court as to what the law is in any matter brought before it
Discovery
Pre-trial disclosure of information, consisting of discovery of documents and examination for discovery
Discovery of documents
Pre-trial inspection of any document that is held by the other party and may be used as evidence
Error of law
When a decision maker incorrectly states the legal interpretation or effort of the statute or common law
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
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
Exemplary damages
Damages in excess of the plaintiff’s actual losses, intended to punish the wrongdoer for outrageous or extreme behaviour; punitive damages
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
Garnishee
Person owing money to a judgment debtor
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
General damages
Compensation for future pecuniary losses and incalculable losses such as pain and suffering
In-camera hearings
Part of a trial proceeding that is closed to the public
Interpretation statute
A statute that directs the court to interpret legislation in a specific way
Judicial review
Power held by the courts to review decisions made by administrative decision makers
Judgment creditor
The person to whom a court awards damages or costs
Judgment debtor
The person ordered by a court to pay damages or costs
Jurisdiction
Legal authority and scope of power
Limitation period
The period of time within which legal action must be taken
Mandamus
A court order directing that a specific act be performed
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
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
Notice of civil claim
A statement of claim in BC
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
Party and party costs
Court costs determined by a tariff establishing what losing parties in a civil action ought to pay
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
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
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
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
Privative clause
Terms in a statute that attempt to restrict the right of judicial review
Probate courts
Specialized courts dealing with wills and estates; also known as surrogate courts
Prohibition
An order not to proceed with a hearing or other administrative process
Punitive damages
Damages in excess of the plaintiff’s actual losses, intended to punish the wrongdoer for outrageous or extreme behaviour
Regulators
Government agencies including ministries, departments, boards, commissions, agencies, tribunals and individual bureaucrats at the federal, provincial and municipal levels
Response to civil claims
A statement of defence in BC
Rules of evidence
Rules governing what kind of evidence will be accepted by the courts
Rules of natural justice
Minimum standards of procedural fairness
Seizure
When the court authorizes property of the defendant to be seized and sold to satisfy a judgment
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
Solicitor and client costs
Costs based on what a lawyer ought to actually charge their client
Special damages
Monetary compensation awarded by a court to cover actual expenses and calculable pre trial losses
Specific performance
An order by a court to a breaching party that it live up to the terms of an agreement
Statement of claim
The document setting out the nature of the complaint and the facts alleged that former the basis of the action
Statement of defence
Response by the defendant to a statement of claim
Superior court
The highest trial court in a province or territory
Surrogate courts
Specialized courts dealing with wills and estates; probate courts
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
Writ of summons
The written judicial order by which legal actions are commenced in some jurisdictions
