chapter 3 Flashcards

(30 cards)

1
Q

question 1

A

which court has jurisdiction to deal with a specific issue?

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2
Q

what process is involved in a civil action in this province, particularly in supreme court of bc?

A

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3
Q

what is the appropriate remedy available to a party in a civil action?

A

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4
Q

what remedy does a judgement creditor have against a debtor who won’t pay on a judgement?

A

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5
Q

what time limitation does the party have in pursuing a civil action against another party?

A

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6
Q

appeal court

A

higher court that reexamines a decision from a lower court

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7
Q

burden of proof

A

is the obligation resting on a party in a trial to produce the evidence that will shift the conclusion away from the default position to one’s own position

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8
Q

civil action

A

any lawsuit relating to civil matters and not criminal prosecution

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9
Q

class action

A

where one or more plaintiffs launch a legal action on behalf of themselves and others with same interest

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10
Q

damages

A

monetary payment awarded to the plaintiff

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11
Q

defendent

A

one being accused of a tort

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12
Q

discovery process

A

pre-trial disclosure of information consisting of discovery of documents and examination

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13
Q

execution proceedings

A

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14
Q

garnishment

A

damages ordered to be payed to the court and possibly some of the defendants wages

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15
Q

injunction

A

court ordered to stop offending conduct

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16
Q

judgment creditor/debter

A

creditor is the person awarded damages by the court. the debtor is the one who pays the damages

17
Q

limitation period

A

limitation on the time one can wait before starting a civil case

18
Q

plaintiff

A

the one who the tort was committed against

19
Q

pleadings

A

the documents used to initiate a civil action,

20
Q

notice of civil claim

A

a statement of claim in bc

21
Q

trial court

A

A trial court of general jurisdiction is authorized to hear any type of civil or criminal case that is not committed exclusively to another cour

22
Q

does a legal issue fall within the jurisdiction of an administrative agency instead of the courts? if so what administrative agency would that be? has the administrative agency acted properly?what alternative dispute resolution remedies to a civil action do parties have to a given problem?

23
Q

administrative agency (tribunal)

A

government decision makers who act with quasi-judicial power

24
Q

alternative dispute resolution

A

ADR the choice to negotiate,mediate or arbitrate instead of litigation

25
arbitration
hired professional who makes a final decision that is binding
26
fundamental justice
1
27
judicial review
1
28
mediation
1
29
natural justice
1
30
privative clause
1