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Canadian Law > law > Flashcards

law Flashcards

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1
Q

Plaintiff

A

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

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2
Q

Defendant

A

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

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3
Q

Intent

A

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

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4
Q

Intentional Tort

A

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

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5
Q

Unintentional Tort

A

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

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6
Q

Causation

A

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

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7
Q

Negligence

A

a careless act that causes harm to another

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8
Q

Duty of Care

A

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

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9
Q

Foreseeability

A

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

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10
Q

Real Harm/Loss

A

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

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11
Q

Litigation

A

legal action to settle a civil dispute

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12
Q

Litigants

A

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

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13
Q

Balance of Probabilities

A

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

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14
Q

Cause of Action

A

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

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15
Q

Limitation Period

A

a time period imposed by the law

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16
Q

Examination for Discovery

A

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

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17
Q

Statement of Claim

A

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.

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18
Q

Statement of Defence

A

the legal document in a civil action outlining the respondents defence

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19
Q

General Damages

A

court ordered compensation for proven losses in a civil action action

20
Q

Nominal Damages

A

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

21
Q

Punitive Damages

A

Punitive Damages are intended to punish or deter defendants

22
Q

Aggravated Damages

A

compensation awarded for humiliation and mental distress

23
Q

Special Damages

A

are monetary amounts that are able to be calculated

24
Q

Examination of Debtor

A

can be requested if the defendant refuses to pay the plaintiff

25
Q

Injunctions

A

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

26
Q

Garnishment

A

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

27
Q

Seizing Assets

A

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

28
Q

Contributory Negligence

A

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

29
Q

Voluntary Assumption of Risk

A

the acceptance of factors that may lead to harm or injury

30
Q

Professional Negligence

A

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.

31
Q

Defamation

A

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

32
Q

Consummation of Marriage

A

to validate a marriage by having sexual intercourse

33
Q

Annulment

A

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

34
Q

Separation

A

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

35
Q

Divorce

A

the legal ending of a marriage

36
Q

Custody

A

the care and control of a child awarded by the court

37
Q

Access and Mobility

A

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

38
Q

Child Support

A

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

39
Q

Medical Negligence

A

occurs when a health care professional fails

40
Q

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

A

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

41
Q

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

A

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

42
Q

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

A
  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.
43
Q

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.

A

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

44
Q

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

A

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.

45
Q

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

A

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

46
Q

What are the legal requirements for a Contract?

A

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)

Canadian Law (3 decks)

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