chapter 3 Flashcards
(30 cards)
question 1
which court has jurisdiction to deal with a specific issue?
what process is involved in a civil action in this province, particularly in supreme court of bc?
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what is the appropriate remedy available to a party in a civil action?
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what remedy does a judgement creditor have against a debtor who won’t pay on a judgement?
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what time limitation does the party have in pursuing a civil action against another party?
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appeal court
higher court that reexamines a decision from a lower court
burden of proof
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
civil action
any lawsuit relating to civil matters and not criminal prosecution
class action
where one or more plaintiffs launch a legal action on behalf of themselves and others with same interest
damages
monetary payment awarded to the plaintiff
defendent
one being accused of a tort
discovery process
pre-trial disclosure of information consisting of discovery of documents and examination
execution proceedings
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garnishment
damages ordered to be payed to the court and possibly some of the defendants wages
injunction
court ordered to stop offending conduct
judgment creditor/debter
creditor is the person awarded damages by the court. the debtor is the one who pays the damages
limitation period
limitation on the time one can wait before starting a civil case
plaintiff
the one who the tort was committed against
pleadings
the documents used to initiate a civil action,
notice of civil claim
a statement of claim in bc
trial court
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
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?
1
administrative agency (tribunal)
government decision makers who act with quasi-judicial power
alternative dispute resolution
ADR the choice to negotiate,mediate or arbitrate instead of litigation