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laws 1100 definition
midterm review
| Question | Answer |
|---|---|
| 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
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