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laws 1100 definition

midterm review

QuestionAnswer
substantive law the rights and duties that each person has in society
procedural law deal with the protection and enforcement of substantive rights and duties
common law the case-based system of law originating in England and covering most of the English-speaking world - based on the recorded reasons given by courts for their decisions
civil law the system of law involving a comprehensive legislated code, derived from Roman law that developed in continental Europe and greatly influenced by the code Napoleon of 1804
stare decisis to stand by a previous decision
overrule to declare an existing precedent no longer binding or effective
subordinate legislation law created by administrative agencies whose authority is granted by statute in order to carry out the purposes of the legislation
codify set down and summarize in a statute the existing common law rules governing a particular area of activity
writ an ancient form required in order to take a grievance to court
equity rules developed by the courts of equity as exceptions to existing rules of common law
equitable remedies new remedies created by the courts of equity to address situations where money damages did not solve the problem
appellant the party who petitions for an appeal
respondent the party who defends on an appeal
plaintiff the party that commences a private legal action against another party
class action an action in which an individual represents a group of possible plaintiffs and the judgements decides the matter for all members of the class at once
res judicata a case that has already been decided by a court and cannot be brought before a court again
settlement an out-of-court procedure by which one of the parties agrees to pay a sum of money or perform an act in return for a waiver by the other party of all rights arising from the grievance
issuing commencing the lawsuit by filing a copy of the statement of claim with the court office
serving providing a copy of the issued claim to each defendant
cause of action an event or set of events that give rise to legal liability
counsel lawyer representing a plaintiff or defendant
statement of defence a reply to a statement of claim, admitting facts not in dispute, denying other facts and setting out facts in support of the defence
counterclaim a claim by the defendant arising from the same facts as the original action by the plaintiff to be tried along with that action
pleadings documents filed by each party to an action providing information it intends to prove in court
examination for discovery processes allowing either party to examine the other in order to narrow the issues
admissible evidence evidence that is acceptable to the court
hearsay evidence words attributed by a witness to a person who is not before the court
reserve judgement postpone giving a decision after the hearing ends
costs funds paid by litigants to cover a portion of the government's expenses in maintaining the court system
legal aid a system where the government pays for many legal services provided to low-income litigants
solicitor-client fee payment for the time and expenses of a lawyer in preparing a case and representing the client in negotiations to settle or in court
party and party costs an award that shifts some of the costs of litigation to the losing side according to a published scale of fees
judicare a model of legal aid in which lawyers agree to be paid according to government fee schedules for serving clients who qualify for legal aid
contingent fees a fee paid for a lawyer's services only if the client is successful
alternative dispute resolution using private procedures instead of the courts to resolve disputes
arbitration a form of ADR where a dispute is referred to an arbitrator who adjudicates the matter and the parties agree to be bound by the arbitrator's decision, although there may be a right to appeal to the courts
adjudicate hear parties and deliver a decision with reasons
mediation a form of ADR where a neutral third party who is acceptable to both sides acts as mediator, assisting the parties to reach a settlement
Created by: jaimelynnblue