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Law 12 > Civil Law > Flashcards

Civil Law Flashcards

1
Q

Tort

A

A wrong or injury, which may be intentional or unintentional.

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2
Q

Damages

A

Money awarded by the court to a plaintiff for a wrong or loss suffered. This is a main form of compensation.

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3
Q

Compensation

A

Something given to make amends of a loss. This is called restitution in a criminal court.

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4
Q

Small Claims Court

A

Lowest level of Civil Court; Disputes involve money and or property by a judge without a jury.

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5
Q

Plaintiff

A

The one who is suing.

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6
Q

Defendant

A

The one who is defending from accusation (plaintiff).

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7
Q

Litigation

A

A lawsuit, bringing a civil court to a resolution.

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8
Q

Balance of Probabilities

A

The basis of a greater likelihood. One side being greater than the other.

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9
Q

Cause of Action

A

The legal right to start a Law suit.

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10
Q

Counterclaim

A

The defendants claim in response towards the plaintiff.

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11
Q

Contributory negligence

A

Negligence on the part of a victim that helps bring of his or her own injury or loss.

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12
Q

Default Judgement

A

A decision made in the plaintiffs favour when the defendant in a civil claim does not dispute the claim within required time.

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13
Q

Duty of Care

A

A specific legal obligation to not harm other people or their property. This is a principle of tort law.

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14
Q

Defamation

A

The act of malicious acts and statements that injures a person’s reputation or character. This is characterized as Slander.

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15
Q

Aggravated Damages

A

Damages awarded to plaintiff when defendants behaviour is so outrageous, it harms the plaintiff.

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16
Q

Alternative Dispute Resolution

A

A collective deem for process, designed to settle conflicts without formal trials.

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17
Q

Arbitration

A

An alternative dispute resolution process, where an arbitrator hears from both sides and makes a final decision.

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18
Q

Absolute privilege

A

Make statements openly, honestly and freely.

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19
Q

Allurement

A

Something that is inviting towards young children

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20
Q

Assault and Battery

A

Assault: The threat of danger or violence. Battery law meaning intentional breach of contact which is offensive to the other person

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21
Q

Bailiff

A

An official who helps the sheriff.

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22
Q

Limitation period

A

The span of time after an event during which a civil claim can be filled.

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23
Q

Out of Court Settlement

A

A resolution to a civil dispute made to each party’s satisfaction before the matter proceeds to trial.

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24
Q

Pre-trial conference

A

A meeting of the parties in a civil suit with a judge or court appointed referee in which each party summarizes the case and the judge may offer an opinion.

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25
Examination For discovery
A pre-trial process in civil cases— where each side discloses all evidence and certain issues are discussed and agreed upon.
26
General Damages
Compensation payable in a civil case.
27
Special Damages
Compensate for out or pocket expenses already spent before trial because of the injuries suffered.
28
Punitive Damages
Additional damages awarded to punish the defendant for being bad, insensitive or uncaring behaviour.
29
Nominal Damages
Awarded when a judge wants to indicate support for a plaintiff and awards a small sum. (1-100$)
30
Injunctions
An offer for a person to do or not do something.
31
Garnishment
A remedy that involves a third party.
32
Negotiation
An informal and voluntary dispute resolution process between parties without invoking a third party.
33
Mediation
A process in which the parties appoint a neural third party to help them reach a mutually acceptable solution to their dispute.
34
Negligence
The action is intentional, unplanned and an injury results.
35
Intent
The true purpose of an Act, a person hope or desire for a result of action.
36
Standard care
The court must determine if the defendant breach it.
37
Reasonable person
an image of someone who has neither physical or developmental disabilities and who people agree is careful, thoughtful and considerate.
38
Foreseeability
Related to the concept of a reasonable person.
39
Causation
Without it, liability for negligence does not exist.
40
Voluntary assumption of risk
Defendant must prove that the plaintiff clearly knew of the risk of his/her actions and made a choice to assume that risk.
41
Occupier
Any person who has control and physical possession or a property and who owes a duty of care to make the property safe for people.
42
License
A person who enters property with the permission from the occupier.
43
Trespasser
A person who enters property without permission or without a legal right to be there.
44
Vicarious Liability
Holding a blameless person responsible for the misconduct of another.
45
Professional Negligence
Experts have specialized knowledge and skills and they must exercise a certain standard of duty of care.
46
Medical negligence
Concerns a doctors duty of care; whether he or she has provided adequate standard of care.
47
False imprisonment
Involved condoning or restraining a person without consent in a specific area.
48
Trespass
The act of entering and crossing another persons land without person or legal authority.
49
Nuisance
One persons unreasonable use of land that interferes with the enjoyment and use of adjoining land by other persons or community.
50
Slander
Defamation through spoken words, sounds, physical gestures or facial expressions.
51
Libel
Defamation in a more permanent or visual or audible form than slander. Ex. Radio, television broadcast etc.
52
Truth
The best defence against defamation, to prove that the statements are the truth. Protecting the person from false statements only.
53
Qualified Privilage
People who are required to express their option during the course of their work.
54
Fair comment
The right to criticize openly and honestly, is an accepted part of our society.
55
Defences for Negligence
Duty of care Assumption of Risk inevitable accidents
56
Defended for trespass
Consent Self defense Defender of others or property Legal authority Necessity
57
Defended of Defamation
Truth Absolute privilege Qualified privilege
58
Elements necessary to prove a negligence action
Plaintiff is owed duty of care Defendant breached duty of care Plaintiff suffered, resulting in harm or loss
59
Five levels of Civil Courts
Small-Claims-Court Provincial Supreme Court Court Of Appeal Federal Court of Canada Supreme Court of Canada
60
Courtroom Organization
The judge The Crown Prosecutor The Defence Counsel The Court Clerk and Court Recorder The Sheriff Other Court Officials
61
Supreme Court of Canada
Court of appeal of BC Supreme Court of Bc Provincial Court of Bc Federal Federal court of Appeal Federal court

Law 12 (1 decks)

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