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