law

Question 1

Plaintiff

Answer 1

Plaintiffs file the paperwork themselves and pay a court fee. They present they arguments and evidence and don’t need to know much about the law and the disputes are fairly simple

Question 2

Defendant

Answer 2

(respondent) Defendant: the party that must respond to the lawsuit

Question 3

Intent

Answer 3

the thing that you plan to do or achieve an aim or purpose

Question 4

Intentional Tort

Answer 4

An intentional tort is damage or harm that someone does to you on purpose. This includes anything that causes harm to either you or your property.battery, assault, and trespass to property with the exception of allurement, Such as a child swimming an another person’s pool. damage done to your person, reputation, or property

Question 5

Unintentional Tort

Answer 5

Unintentional torts means the defendant inflicted harm through negligence. The negligent act could be accidental or attributed to a moment of thoughtlessness, but regardless, the victim of the situation could still receive compensation for any physical, psychological or property damage

Question 6

Causation

Answer 6

the relationship existing between the defendants actions and the plaintiffs loss that would not have occurred “but for “ the defendants action; in murder trials, the because of death

Question 7

Negligence

Answer 7

a careless act that causes harm to another

Question 8

Duty of Care

Answer 8

a specific legal obligation to not harm other people or there property Example: each motorist owes everyone a duty of care while driving

Question 9

Foreseeability

Answer 9

a reasonable person’s ability to anticipate a specific result of an action

Question 10

Real Harm/Loss

Answer 10

the plaintiff must prove that real harm or an economic loss has occurred because of the defendants negligence

Question 11

Litigation

Answer 11

legal action to settle a civil dispute

Question 12

Litigants

Answer 12

must convince the judge that there version of the dispute is the correct one

Question 13

Balance of Probabilities

Answer 13

the standard of proof in a civil case meaning “more probable than not”

Question 14

Cause of Action

Answer 14

is a set of factual elements that entitle a plaintiff to sue and which, if proven, cause the plaintiff to win and be entitled to a remedy from the court

Question 15

Limitation Period

Answer 15

a time period imposed by the law

Question 16

Examination for Discovery

Answer 16

in civil cases, a pre-trial process to learn the other side’s evidence

Question 17

Statement of Claim

Answer 17

A plaintiff must begin a lawsuit by filing a statement of claim, which includes: the plaintiff’s name and address the defendant’s name and address the amount of money or compensation being asked for a brief, clear summary of the reason for the claim.

Question 18

Statement of Defence

Answer 18

the legal document in a civil action outlining the respondents defence

Question 19

General Damages

Answer 19

court ordered compensation for proven losses in a civil action action

Question 20

Nominal Damages

Answer 20

compensation awarded as a moral victory to a plaintiff who has not sustained any actual losses

Question 21

Punitive Damages

Answer 21

Punitive Damages are intended to punish or deter defendants

Question 22

Aggravated Damages

Answer 22

compensation awarded for humiliation and mental distress

Question 23

Special Damages

Answer 23

are monetary amounts that are able to be calculated

Question 24

Examination of Debtor

Answer 24

can be requested if the defendant refuses to pay the plaintiff

Question 25

Injunctions

Answer 25

Injunctions are a court order directing a person to do or not to do something for as specific time period

Question 26

Garnishment

Answer 26

a court order that money owed by a defendant to a plaintiff be paid out of the defendant bank account or wages

Question 27

Seizing Assets

Answer 27

Seizing Assets is when the court takes possession of the defendants property to settle a judgement

Question 28

Contributory Negligence

Answer 28

is when both plaintiff and defendant are found to be negligent, any damages or blame will be divided between them

Question 29

Voluntary Assumption of Risk

Answer 29

the acceptance of factors that may lead to harm or injury

Question 30

Professional Negligence

Answer 30

occurs when a professional like a lawyer, insurance broker, accountant, architect, real estate brokers, financial advisor, etc. fails to fulfill the professional duties or obligations that they were hired by their clients to fulfill.

Question 31

Defamation

Answer 31

is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements)

Question 32

Consummation of Marriage

Answer 32

to validate a marriage by having sexual intercourse

Question 33

Annulment

Answer 33

is a court order to set a marriage aside by arguing the marriage was not legal in the first place.

Question 34

Separation

Answer 34

a partial dissolution of a marriage in which the spouses live separate and apart with the intention to end the marriage

Question 35

Divorce

Answer 35

the legal ending of a marriage

Question 36

Custody

Answer 36

the care and control of a child awarded by the court

Question 37

Access and Mobility

Answer 37

the parent without sole custody right to information and visitation with the child and the sole custody parents’ right to move to another location with there children - if the move is reasonable

Question 38

Child Support

Answer 38

the parent with sole custody usually does not have to pay child support and the level of child support is determined by the the non custodial parent income, number of children, and amount that must be payed based on the province or territory the non custodial parent lives

Question 39

Medical Negligence

Answer 39

occurs when a health care professional fails

Question 40

Give a description and state what types of cases would be heard in the following types of civil courts: Small Claims Court, Provincial Supreme Court, Court of Appeal, Federal Court of Canada, and the Supreme Court of Canada

Answer 40

Small claims Court: resolves civil disputes of 10K or less and have a limit of 35K in ontario Cases that involve large sums are tried in PROVINCIAL SUPREME COURT and maybe be appealed to a PROVINCIAL APPEAL COURT. Some cases that require important precedents may go to the SUPREME COURT OF CANADA Federal court of Canada: civil suits in federally-regulated areas and challenges to federal government decisions, income tax, challenging immigration, refugees, custody of children Supreme Court: appeals

Question 41

Describe the potential responses that are available to you if you are served with a claim: Defence or Reply, Payment into Court, Counterclaim, Third Party Claim, Default Judgement, Out-of-Court Settlement, Pre-Trial Conference

Answer 41

Defence or Reply: the defendant's response to the plaintiff's complaint Payment into Court: judgment for the plaintiff as a result of the defendant's failure to respond to the plaintiff's claim within the time allowed Counterclaim: the defendant's suit against the plaintiff for damages or other relief (counter the plaintiff claims and sue the plaintiff for damages or other relief) Third Party Claim: a third-party claim, in which the defendant claims and a third party is completely or partly responsible for the dispute. (claiming their is a third party who it partly or fully is to blame) Default Judgement: ignore the claim - if so, a default judgment will be awarded for the plaintiff Out-of-Court Settlement: when the parties to a lawsuit settle the case before trial (settle outside of court) Pre-Trial Conference: in civil cases, a pre-trial process to learn the other side's evidence

Question 42

How are civil trial procedures in higher courts different from criminal trial procedures?

Answer 42

1. More complex and involve larger amounts of money 2. More individuals and mechanisms are brought in assist the litigants. 3. In a higher court, it is recommended that the plaintiff and defendant retain counsel (lawyers). 4. And examination for discovery is pre - trial process held to learn the evidence that each side intends to present in court.

Question 43

If you win a civil case and the party refuses to pay the damages awarded to you by the court, what options are available for to enforce payment? Explain.

Answer 43

Examination of the Debtor: the plaintiff can request an examination of the debtor Seizing Assets: option is to apply to the courts to take legal possession of the defendant's property and sell it to settle the judgment Garnishment: a court order that money owed by a defendant to a plaintiff be paid out of the defendant's bank account or wages

Question 44

Where does the burden of proof rest in most civil cases? How is it different in some motor vehicle cases?

Answer 44

In a civil trial, the plaintiff is responsible for proving that negligence occurred defendants do not have to actually prove anything Proof is determined by using the balance of probabilities If a plaintiff successfully meets the burden of proof for negligence, it means the court believes the plaintiff’s version over the defendant’s. in cases of motor vehicles the burden of proof can shift to the defendant and often involve contributory negligence.

Question 45

What is marriage from a legal standpoint? What procedures are followed when a marriage breaks down? (consider division of everything – including children).

Answer 45

Marriage involves a legally binding contract between two people Each spouse has a right to live in the family home Spouses have a mutual obligation of financial support and an individual obligation of self- support Spouses have rights to share in an estate: one spouse gains rights to the estate of the other spouse dies if there are children, the partners must determine care, custody, and support in the event of a divorce Custody of and access to any children must be divided Financial support of any children must be put in place usually for the sole custody of parent Financial support for the applicant if necessary Division of property and assets

Question 46

What are the legal requirements for a Contract?

Answer 46

The legal requirements of a valid offer and acceptance are serious intent, definite terms, ad proper communication of the offer and acceptance. offer acceptance and consideration (requirements of contracts)