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Law 12 > Civil Law > Flashcards

Civil Law Flashcards

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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
Q

Examination For discovery

A

A pre-trial process in civil cases— where each side discloses all evidence and certain issues are discussed and agreed upon.

26
Q

General Damages

A

Compensation payable in a civil case.

27
Q

Special Damages

A

Compensate for out or pocket expenses already spent before trial because of the injuries suffered.

28
Q

Punitive Damages

A

Additional damages awarded to punish the defendant for being bad, insensitive or uncaring behaviour.

29
Q

Nominal Damages

A

Awarded when a judge wants to indicate support for a plaintiff and awards a small sum. (1-100$)

30
Q

Injunctions

A

An offer for a person to do or not do something.

31
Q

Garnishment

A

A remedy that involves a third party.

32
Q

Negotiation

A

An informal and voluntary dispute resolution process between parties without invoking a third party.

33
Q

Mediation

A

A process in which the parties appoint a neural third party to help them reach a mutually acceptable solution to their dispute.

34
Q

Negligence

A

The action is intentional, unplanned and an injury results.

35
Q

Intent

A

The true purpose of an Act, a person hope or desire for a result of action.

36
Q

Standard care

A

The court must determine if the defendant breach it.

37
Q

Reasonable person

A

an image of someone who has neither physical or developmental disabilities and who people agree is careful, thoughtful and considerate.

38
Q

Foreseeability

A

Related to the concept of a reasonable person.

39
Q

Causation

A

Without it, liability for negligence does not exist.

40
Q

Voluntary assumption of risk

A

Defendant must prove that the plaintiff clearly knew of the risk of his/her actions and made a choice to assume that risk.

41
Q

Occupier

A

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
Q

License

A

A person who enters property with the permission from the occupier.

43
Q

Trespasser

A

A person who enters property without permission or without a legal right to be there.

44
Q

Vicarious Liability

A

Holding a blameless person responsible for the misconduct of another.

45
Q

Professional Negligence

A

Experts have specialized knowledge and skills and they must exercise a certain standard of duty of care.

46
Q

Medical negligence

A

Concerns a doctors duty of care; whether he or she has provided adequate standard of care.

47
Q

False imprisonment

A

Involved condoning or restraining a person without consent in a specific area.

48
Q

Trespass

A

The act of entering and crossing another persons land without person or legal authority.

49
Q

Nuisance

A

One persons unreasonable use of land that interferes with the enjoyment and use of adjoining land by other persons or community.

50
Q

Slander

A

Defamation through spoken words, sounds, physical gestures or facial expressions.

51
Q

Libel

A

Defamation in a more permanent or visual or audible form than slander. Ex. Radio, television broadcast etc.

52
Q

Truth

A

The best defence against defamation, to prove that the statements are the truth. Protecting the person from false statements only.

53
Q

Qualified Privilage

A

People who are required to express their option during the course of their work.

54
Q

Fair comment

A

The right to criticize openly and honestly, is an accepted part of our society.

55
Q

Defences for Negligence

A

Duty of care
Assumption of Risk
inevitable accidents

56
Q

Defended for trespass

A

Consent
Self defense
Defender of others or property
Legal authority
Necessity

57
Q

Defended of Defamation

A

Truth
Absolute privilege
Qualified privilege

58
Q

Elements necessary to prove a negligence action

A

Plaintiff is owed duty of care
Defendant breached duty of care
Plaintiff suffered, resulting in harm or loss

59
Q

Five levels of Civil Courts

A

Small-Claims-Court
Provincial Supreme Court
Court Of Appeal
Federal Court of Canada
Supreme Court of Canada

60
Q

Courtroom Organization

A

The judge
The Crown Prosecutor
The Defence Counsel
The Court Clerk and Court Recorder
The Sheriff
Other Court Officials

61
Q

Supreme Court of Canada

A

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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