midterm review
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each of the black spaces below before clicking
on it to display the answer.
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| substantive law | the rights and duties that each person has in society
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| procedural law | deal with the protection and enforcement of substantive rights and duties
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| 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
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| 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
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| stare decisis | to stand by a previous decision
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| overrule | to declare an existing precedent no longer binding or effective
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| subordinate legislation | law created by administrative agencies whose authority is granted by statute in order to carry out the purposes of the legislation
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| codify | set down and summarize in a statute the existing common law rules governing a particular area of activity
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| writ | an ancient form required in order to take a grievance to court
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| equity | rules developed by the courts of equity as exceptions to existing rules of common law
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| equitable remedies | new remedies created by the courts of equity to address situations where money damages did not solve the problem
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| appellant | the party who petitions for an appeal
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| respondent | the party who defends on an appeal
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| plaintiff | the party that commences a private legal action against another party
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| 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
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| res judicata | a case that has already been decided by a court and cannot be brought before a court again
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| 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
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| issuing | commencing the lawsuit by filing a copy of the statement of claim with the court office
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| serving | providing a copy of the issued claim to each defendant
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| cause of action | an event or set of events that give rise to legal liability
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| counsel | lawyer representing a plaintiff or defendant
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| 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
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| 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
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| pleadings | documents filed by each party to an action providing information it intends to prove in court
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| examination for discovery | processes allowing either party to examine the other in order to narrow the issues
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| admissible evidence | evidence that is acceptable to the court
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| hearsay evidence | words attributed by a witness to a person who is not before the court
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| reserve judgement | postpone giving a decision after the hearing ends
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| costs | funds paid by litigants to cover a portion of the government's expenses in maintaining the court system
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| legal aid | a system where the government pays for many legal services provided to low-income litigants
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| 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
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| 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
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| 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
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| contingent fees | a fee paid for a lawyer's services only if the client is successful
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| alternative dispute resolution | using private procedures instead of the courts to resolve disputes
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| 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
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| adjudicate | hear parties and deliver a decision with reasons
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| 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
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