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Chapter 2
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Cards (22)
What is the right or authority of a court to hear a matter called?
Jurisdiction
Jurisdiction has the authority to deal with cases of a particular type:
Monetary
and
geographic
A court in which a legal action is first brought before a judge for a decision
Trial
courts
What court hear appeals from trial courts?
Courts
of
appeal
Sittings of court held in different places throughout the province?
Assizes
What is it called when the accused committed a criminal act?
Actus reus
What is it called when the accused intended to commit the criminal act?
Mens rea
Decision of the court
Judgement
What are the ritten statements prepared by parties that set out facts and claims of legal action called?
Pleadings
What is the party bringing an action called?
Plaintiff
What is the party defending an action called?
Defendant
What is it called when the injured party issues a writ of summons against defendant?
Claim
What is it called when the defendant prepares statement of defence with facts to support defence?
Defence
To clarify points in statement of claim, parties may hold a pretrial oral or written examination under oath, which is called?
examinations
for
discovery
What is a sworn, written statement, subject to penalty?
Affidavit
What is it called when a lawyer’s fee is payable on the condition of winning the case i.e. if lawyer does not win he/she does not get paid
Contingency fee
What is an action where a single person represents the interests of a group, who will share in any reward called?
Class action
What are the tribunal established to deal with a particular dispute between parties called?
Ad hoc tribunals
A process for settlement of disputes whereby impartial party hears the dispute, then makes a binding decision.
Arbitration
What is a lawyer called?
Attorney
what is a lawyer who prepares documents and other forms of non-litigious legal work called?
Solicitor
What is a lawyer who acts for clients in litigation or criminal court proceedings called?
Barrister
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