Chapter 2

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