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M1 DPA > anglais > Flashcards

anglais Flashcards

1
Q

what is a plaintiff

A

the person who file complaint in civil lawsuit.

the plaintiff

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2
Q

what is a motion

A

an application to the court for an order of some kind.

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3
Q

what is an answer

A

a written statement made by the defendant party in respond of a complaint.

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4
Q

what is a complaint

A

a written statement by the plaintiff witch details the wrongs allegedly committed by another person

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5
Q

injunction

A

an order by the court of stopping something.

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6
Q

damages

A

money compensation.

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7
Q

torts

A

it is a something wrong done to someone.

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8
Q

clerk of court

A

a officier appointed by the court is role is to assist

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9
Q

torts

A

an act or omission, breach of contract, a civil wrong

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10
Q

what is a class action

A

a procedural device witch alow claims to be held by a group and be resolved in one proceeding.

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11
Q

Forge

what are the element of the forge

meaning in french

A

to make an illegal copy of something

document, painting or something in written

falsifier

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12
Q

Defraud

who are the victim ?

in french

A

to get money illegally by tricking somoene.

a person or an organization

escroquerie

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13
Q

counterfeit

what the people victim of the couterfeit thinks ?

the meaning in french

A

to make a nearly exact copy of something valuable

they think their getting the real thing

contrefaçon

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14
Q

define swindle
what’s the pupuse ?

in french

A
  • to cheat somebody
    -to get money or something valuable from them

anarquer

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15
Q

bribe

in french

A

to give somebody money or something valuable in order to persuade them to help you, especially by doing something dishonest

corrompre / pot de vin

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16
Q

embezzle

in french

A

steal the money from your employer or the money you were responsible for.

détourner

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17
Q

translate freshman year

A

première année d’étude universitaire

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18
Q

translate fleeced

A

Tondre => expression prendre toute la thune de quelqu’un.

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19
Q

translate fork over

A

Débourser de l’argent et le mettre dans plusieurs endroits

20
Q

translate in french relief

A

répération

21
Q

Define liability

A

Responsibility

22
Q

Define settlement

A

An official agreement intended to resolve a dispute or a conflict

23
Q

Who have to support the burden of the proof ?

A

The plaintif have to support the burden in civil and criminal cases

24
Q

What is the standard of proof ?

A

In civil case it’s 51% the preponderance of evidence.
In criminal cases it’s 100% beyond reasonable doubt.

25
Q

What are the seven steps in trial/court

A

1/ write a complaint
2/ file the complaint
3/ the complaint is reviewed by the court
4/ the defendant is served with a summon
5/ pleadings
6/ discovery
7/ motions

26
Q

What are the 4 condition to establish the negligence ?

A
  • establish that the defendant had a duty of care toward the victims paintiff.
  • establish that the duty of care was a breached.
  • Establish that the plaintiff suffered a damage or harm as a result.
  • establish that the damage was a direct result of the breach of the contract.
27
Q

What are the two result of a trial ?

A
  • Conviction ( condamnation).
  • Acquittal (acquittement).
28
Q

Translate «guilty plea» ?

A

Reconnaître sa culpabilité

29
Q

Define the holding ?

A

In civil procedure it’s the decision of the court

30
Q

defamation

is a tricky area of law

A
  • statement that injure a third party’s reputation.
  • the defamtion can be libel (written statement) or slander(spoken statement)

between stating an opinion versus a fact and the 1st amendement.

31
Q

what is the discovery

A

period or you ask a document.

32
Q

what is the meaning of the expression of ambulance chasers ?

A

lawyer who go to the hospital to *make their own marketing by paying people to check a person injury and ask why.

33
Q

define minglle

A

fréquentez

34
Q

meaning of “file a complians”

A

formal statement that someone has harmed somebody else or done something illegal witch must be proved in a court of law.

35
Q

What are the six steps of a pleading ?

A

1/ introduce you and the client.
2/ give the facts.
3/ state the complaint.
4/ give indication about witness you’ll call to testify the evidence you’ll present.
5/ pre-emptive strikes.
6/ make a conclusion

36
Q

Translate in French Hoax

A

Canular

37
Q

What is the difference between damage and damages ?

A

Damage => it’s an injury or harm
Damages => money compensation

38
Q

What are the three commonly stated purposes of tort law ?

A
  • deterrence or incentive
  • compensation
  • fairness
39
Q

Translate deterrence and incentive in French

A

Deterrence = dissuader
Incentive = incite à bien se comporter.

40
Q

What are the two type of torts ?

A
  • lineal torts accrue grime accidents, product liability strict liability.
  • oblique torts ( economic or dignitary harm - fraud intentional economic interference, defamation, invasion of privacy)
41
Q

Give a synonyme of walked

A

To toe the line.( franchir la ligne)

42
Q

What is the civil standard ?

A

Preponderance of the evidence or the balance of the probability.

43
Q

What does it mean sequestered in court ?

A

That the jury is supposed to live on a hotel with no tv computer television or mobile phone to prevent them from being influenced

44
Q

what is the meaning of the accronyme DARVO

A

deny, attack, reverse, victim, offender

45
Q

Translate christened lampoon

A

christened = baptise
Lampoon = ridiculiser

46
Q

What are the four main parts of a complaint?

A

{1}The names and adresses of the plaintiffs and the defendants
2. The jurisdiction
3. The allegation or claims
4. The remedy you seeking fern the court ( monetary or something you want the judge to make the defendant do or stop doing).

47
Q

What are the 3 types of damages ?

A

Punitive damages = the purpose is to awarded a punishment a wrongdoer
Compensatory damages = compensate the harmed party for their loss or injury
Nominal damages = when the defendant is found liable but awarded by the court a symbolic amount such as a dollar

M1 DPA (9 decks)

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