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31 Cards in this Set

  • Front
  • Back
In camera hearings
part of trail proceedings closed to the public
Civil litigation
the process of one party suing another in a private action in a small claims or superior court action
the Constitution Act, 1867 delegated responsibility for matters to federal or provincial governments, thus giving them jurisdiction to create laws in those areas.
Conflict of laws
when there is overlapping jurisdiction; also refers to the area of law dealing with disputes with those in other jurisdictions
the document filed by the defendant indicating that the action will be disputed
Statement of defence
response to a statement of claim by the defendant
a statement of claim by the defendant
the document used to initiate the action including the statement of claim, the statement of defence and counterclaim and any clarification associated with them
Chambers application
interim applications and questions (before the actual trial) are brought before the judge in a more informal setting for a ruling
Discovery of documents
documents in the hands of each side that may be used at trial are made available to the other side.
Examination for discovery
lawyers from opposing sides question the plaintiff and defendant in a civil suit under oath – their responses can be entered as evidence. A method of making all relevant information known to both sides before trial
Payment into court
the defendant estimates the true value of the claim and deposits it with the court. If the decision is for less than the deposit, the plaintiff must pay the court costs; if more, the defendant pays the costs.
Affidavit evidence
Evidence based on statements made by witnesses out of court but under oath
Party and party costs
court courts determined by a tariff establishing what opposing parties to a civil action ought to pay
Solicitor and client costs
costs based on what a lawyer actually charges his or her client.
Punitive damages
compensation for damages in excess of plaintiff’s actual losses to deter similar conduct – punishment to the guilty party
Exemplary Damages
same as punitive damages
General Damages
Compensation for injuries that cannot be caluculated, e.g. pain and suffering
Cort order requiring the person found liable to disclose what profits have been made from the violation and pay them to the plaintiff
Court order to stop offending conduct
Specific Performance
Court order to require the completion of the term of a contract without variation
the courts declares the law applicable to a particular case
Examination in aid of execution
Court ordered review of defendant's fianaces to arrange for payment of the judgment
Seizure of property
Court authorizes property of the defendant to be sold to pay the damages and costs of action
COurt orders that a portion of the defendant's wages be directed to payment of the judgment
Attachment of Debt
Court order that monies owed to the judgment debtor (defendant) be intercepted and paid to the plaintiff
Limitation Periods
Rules requiring that legal action be undertaken within a specified time of the offending conduct taking place
Direct communication between the parties to a dispute in an effort to resolve the problems without third-party intervention
A neutral thrid party facilitates discussion between parties to a dispute to encourage and assist their coming to an agreement
Corporate executives stage a form of trial to consider the issues, arguments and legal opinions that would influence a judicial decision
Parties in a dispute elect or are contracted to submit their claims to an individual or a panel, which makes a binding decion on their behalf