Key Terms Flashcards
1
Q
Abandonment
A
- The giving up of an action by the parties with no intention of claiming anything in the future. This may occur because the plaintiff no longer has money or because of the emotional toll of this onerous litigation process
2
Q
Advisement
A
- Deliberation allowing the lawyer to gather more information
3
Q
Affidavit of Documents
A
- A listing of documents that the party possesses, controls, or has in its power
4
Q
Affidavit of Service
A
- A document certifying that a document has been delivered to another party in the proceeding
5
Q
Affirmation
A
- A solemn declaration to tell the truth
6
Q
Aggravated Damages
A
- Money awarded to punish for particularly malicious and high-handed actions of the defendant
7
Q
Appeal
A
- A review of a decision of one level of court by one or more judges at a higher level of court
8
Q
Authority
A
- A statute or case cited to prove a legal argument
9
Q
Balance of Probabilities
A
- A tool used by the court to examine if there is a greater likelihood of one thing occurring more than another. Standard used in a civil trial to determine which party has the stronger evidence, regardless of how small the margin. This is a lesser standard than the criminal burden of “beyond a reasonable doubt”
10
Q
Bind
A
- A decision of a higher court which a lower court must follow
11
Q
Burden
A
- The act of convincing the court of the existence or non-existence of a fact
12
Q
Case at Hand
A
- Also called the case at bar, present case; the case immediately before the consideration of he court. Refers to the matter that is currently under consideration
13
Q
Case Law
A
- The decisions of judges as opposed to statute law. These judgments form the source of law and legal precedent
14
Q
Cause of Action
A
- A fact situation that allows one individual to obtain a remedy from another; a legal right to start a law suit
15
Q
Chambers
A
- A judge’s office where meetings with parties may occur
16
Q
Citation
A
- A precise reference for cataloging at the beginning of a case
17
Q
Clean Hands
A
- Principle that the court will not assist someone who has committed fraud, misrepresentation, illegality, or impropriety. If the person seeking help from the court of equity has not behaved in a way that is fair and honourable, the court will not happen
18
Q
Closing Statement
A
- A statement made at the conclusion of the trial before a judge and/or jury
19
Q
Concurring
A
- A separate written decision by a judge in favour of the majority decision reasoned on grounds different from the majority
20
Q
Contempt of Court
A
- A tool used to ensure compliance with orders and the process. Contempt of court has existed in the civil and criminal law for centuries. It punishes public act that bring the administration of justice into disrepute. May include fine and/or jury
21
Q
Counterclaim
A
- An action raised by the defendant, which can be heard at the same time as the plaintiff’s statement of claim
22
Q
Court of Equity
A
- A court system used until the late nineteenth century that provided remedies not available at common law
23
Q
Courts of First Instance
A
- The first judicial proceeding that addresses a case
24
Q
Crossclaim
A
- A claim of one defendant against a co-defendant
25
Q
Cross-Examined
A
- Questioning of a witness by the party, who did not call the individual for an examination in chief. The goal is to get evidence from the witness favourable to the party who is cross-examining him or her
26
Q
Damages
A
- A monetary payment for a violation of a right in law. Money is the most common form of damages, as it is the easiest to value and award
27
Q
Declaratory Order
A
- A binding proclamation by the court on the rights of the parties, regardless of whether or not any other remedy is appropriate
28
Q
Default Judgement
A
- Final judgement given to the plaintiff when the defendant fails to file a statement of defence
29
Q
Dissent
A
- A decision of a judge who does not agree with the majority of the judges on the case
30
Q
Distinguishing the Case
A
- Showing that a particular case (or series of cases) has a factual, procedural, or legal difference in order to minimize its precedential value or to show that it is wholly or partially inapplicable
31
Q
Diversion
A
- A program that shifts the dispute from the justice system to an alternate form of resoluation
32
Q
Examination for Discovery
A
- Disclosure of information and documents of the parties before trial through a question-and-answer process
33
Q
Examined in Chief
A
- Questioning of a person under oath by the party that called that person as a witness
34
Q
Garnish
A
- To attach a debt
35
Q
Gazettes
A
- A publication issued by the government (often weekly) containing notices and announcements; it is the location where regulations are first published. A regulation takes effect as the time of publication in the gazette
36
Q
General Damages
A
- Damages for things much less tangible than special damages, including pain and suffering
37
Q
Hansard
A
- The official transcripts of parliamentary debates
38
Q
Headnote
A
- A summary of what the editor of the journal considers important in a particular case. A student should always read the entirety of the case to ensure that the summary is accurate
39
Q
Injunction
A
- An order that a party either act in a certain way or refrain from acting in a certain way
40
Q
Issuing
A
- The process by which the registrar at the court house dates, signs, and seals the document with the official stamp of the court, and a court file number is assigned to the case
41
Q
Liable
A
- Accountable or responsible
42
Q
Litigation
A
- The lawsuit and the related matters. Refers to any proceeding before a court or tribunal
43
Q
Majority
A
- A court’s written statement explaining its finding in a case expressed by more than half of the judges hearing a case
44
Q
Mandatory Mediation
A
- A required part of the process which makes parties sit with a neutral third party to attempt to settle their dispute
45
Q
Mediation
A
- Sitting down with a neutral third party to try to resolve a dispute
46
Q
Minority
A
- An opinion by one or more judges who disagree with the decision reached by the majority; also called dissenting opinion
47
Q
Motions
A
- An oral or written request to the court, which may be opposed by the other party
48
Q
Nominal Damages
A
- A recognition by the court of the violation of rights, even though the party had no (or minimal) monetary loss
49
Q
Oath
A
- A solemn declaration to God or a revered person or thing that a statement is true or that one will be bound to a promise
50
Q
Obiter Dicta
A
- Comments made by a judge in the course of making a decision in a case. While it may not be a precedent in future cases, it my be persuasive
51
Q
Opening Statement
A
- A lawyer’s outline of the case and what will be proved through witnesses and evidence
52
Q
Originating Process
A
- The first document that starts a case
53
Q
Out of Court Settlement
A
- An agreement to end a civil suit (or potential suit) without going through the court system
54
Q
Parliamentary Supremacy
A
- The doctrine that Parliament is the only lawmaker and this ability cannot be overriden or set aside by the courts or anyone else
55
Q
Personal Service
A
- Delivering the legal documents by bringing the material into the hands of another, or by bringing it personally to their awareness
56
Q
Pleadings
A
- The process in which the parties set out a written account of their allegations and respond to any previous statements. This paperwork is exchanged prior to trial
57
Q
Preamble
A
- Phrases at the beginning of the legislation after the title. The preamble sets out why the legislature thought it necessary to create this legislation
58
Q
Precedent
A
- A decided case that provides the basis for decisions for later cases based on the same, or similar, facts
59
Q
Pre-Trial Conference
A
- A meeting with a judge to discuss the case and to consider the possibility of settlement, simplifying the issues, or addressing on other matters that would shorten a trial
60
Q
Promulgated
A
- The act of publishing
61
Q
Punitive Damages
A
- Money awarded to punish the defendant and make an example of him or her to deter others from committing this same wrong
62
Q
Ratio Decidendi
A
- The principle upon which the case is decided
63
Q
Regulations
A
- A rule of conduct by a lawmaking authority that has the force of the law
64
Q
Remedy
A
- legal relief for the wrong that has been committed against you
65
Q
Res Judicata
A
- “A think adjudicated.” The final judicial decision or a defence to a subsequent action
66
Q
Rule of Law
A
- Principle that no one is above the law, not even the state. The rule of law protects citizens and provides a predictable and ordered society free form the arbitrary exercise of individual or state power
67
Q
Seal
A
- An impression made on documents with a stamp that makes the paperwork official
68
Q
Service
A
- Delivery of a copy of the legal paperwork to the other parties so that they know of the court case
69
Q
Set Down the Matter for Trial
A
- A step in a civil matter where one of the parties’ states that they are ready for trial
70
Q
Settlement
A
- An agreement by the parties in the disputes about how they will resolve the matter
71
Q
Special Damages
A
- Compensation for out-of-pocket expenses. They include things like specific lost wages between an accident and trial, hospitalization, and so forth
72
Q
Specific Performance
A
- A remedy ordered by the court to fulfill a legal obligation when money is inappropriate or inadequate; an order to compel someone to complete what was promised pursuant to the contract
73
Q
Standing
A
- Status to engage in the legal system; to gain standing, a person must show that they have a direct interest in the lawsuit
74
Q
Stare Decisis
A
- Means to stand by what has been decided. The doctrine of precedent that the court must follow earlier decisions when the same principle of law arises
75
Q
Statement of Claim
A
- A document that states only the facts on which the plaintiff is relying on to sue the defendant, and sets out the amounts that are being sought
76
Q
Statement of Defence
A
- A document created by the defendants to respond to the allegations in the statement of claim
77
Q
Third-Party Claim
A
- Claim in which a defendant can add a person who is not named in the statement of claim, who might be liable to the defendant for the plaintiff’s claim, or may be liable to the defendant for another or related claim
78
Q
Trial Record
A
- A copy of all pleadings and orders of the court regarding that matter
79
Q
Ultra Vires
A
- Acting outside of the power given to the legislative body by a particular statute. If a legislative Body (e.g., a tribunal) acts beyond its authority, the decision is invalid
80
Q
Undertaking
A
- An assurance given to the other lawyer in his or her role at a lawyer
81
Q
Verdict
A
- The decision of a judge or jury
82
Q
Witness Stand
A
- Place in a courtroom that is often set aside in a boxed area where witnesses sit or stand while testifying. Often shortened to the “stand”
83
Q
Writ of Seizure and Sale
A
- A document from the court that is evidence of an unpaid debt given to the sheriff to enforce when a party attempts to sell his or her property
