Law

Cards (98)

  • Burden of proof: It is the obligation to prove the allegations which are presented in a legal action
  • Balance of probabilities: The standard is met if the likelihood that the proposition is true is more likely than it not being true
  • Pecuniary damages: These are monetary compensations for the losses that can be calculated (Ex. Replacing a broken window or repairing a damaged fence)
  • Non-pecuniary damages: These damages are compensation for losses that do not involve an actual loss of money and are difficult to qualify (Ex. Stress or emotional distress)
  • Special damages: Compensation for out-of-pocket expenses (Ex. medical bills, car rental, loss of wages) 
  • Specific performance: Court order requiring someone to fulfil terms of a contract
  • Injunctions: Court order requiring or prohibiting an action like striking against an employer
  • Punitive damages: Additional damages awarded to punish the defendant for bad or insensitive behaviour
  • Aggravated damages: This is awarded when the defendant’s behaviour is outrageous and harms the plaintiff
  • Nominal damage: This is a small sum to demonstrate the judges support for the plaintiff. 
  • Contract: A legally binding agreement between at least 2 parties
  • Binding: Mandatory on the individual(s) to follow
  • Privity: Only parties to a contract can enforce a term or condition of a contract
  • Notion of free contract: Both parties must have entered into the agreement free of any sort of pressure
  • Meeting of the minds: Both parties clearly understand the terms of a contract
  • Contracts by deed: A formal legal document signed, witnessed and delivered to effect a conveyance or transfer or property or to create a legal obligation
  • Simple contracts: They are informal contracts and may be made in any way - in writing, orally or they may be implied from conduct
  • Material fact: A truth / fact that persuades a buyer to enter into a contract
  • Innocent misrepresentation: When a person makes a false statement about a material fact that he or she believed to be true
  • Fraudulent misrepresentation: When a seller makes a statement about a material fact knowing it to be false
  • Bilateral contract: A promise by one party in exchange for a promise by another party
  • Unilateral contract: A promise by one party, in exchange for an action by another party
  • Tort: A wrong or injury, which may be intentional or unintentional
  • Causation: The relationship existing between the defendant’s actions and the plaintiff’s loss that would have not occurred “but for the defendant’s actions”
  • Negligence: It is the failure to exercise reasonable care that results in injury to another, damaging actions that are careless, unintentional and unplanned
  • Strict liability: When the defendant is automatically liable for an injury caused by a dangerous substance or activity, even if the defendant was not negligent
  • Duty of care: A specific legal obligation to not harm other people or their property
  • Intentional tort: Actions intended to cause injury to others
  • Small claims court: It is the lowest level civil court, where disputes involving money or property are resolved simply, inexpensively and informally by a judge without a jury
  • Negotiation: A process whereby both parties participate in the discussion to reach a mutually acceptable agreement
  • Mediation: When a neutral 3rd party works with the parties in a dispute to reach a compromise or settlement agreeable to both parties
  • Arbitration: When a neutral 3rd party hears both sides of the dispute and makes a binding decision that is mandatory for both sides to follow or adopt
  • Civil law: It is a category of private law which governs the relationship between people
  • Plaintiff: The person / party launching an action
  • Defendant: The person / party being sued for harm, loss and / or injury
    • Family: The relationships between spouses, parents and children
    • Contract: This applies when people and companies enter into agreements to purchase / provide goods as well as services
    • Wills and estates: This is how an individual’s property is distributed after death
    • Labour: The relationship between employees, employers, and labour organisations
  • Civil litigation: A lawsuit filed by the plaintiff