definitions Flashcards
act
A bill, which has passed through the various legislative steps and, hence, has become a law
administrative law
Synonymous with “natural justice.” Administrative law is that body of law, which applies for hearings before quasi-judicial or administrative tribunals
appeal
To ask a more senior Court or person to review a decision of a subordinate Court or
person
amend
To change, to revise, usually to the wording of a written document such as legislation
Arbitration
A dispute resolution mechanism, whereby an independent neutral third party is
appointed to hear and consider the merits of the dispute, and who renders a final and
binding decision called an award
assault
Unlawfully placing a patient in fear of bodily harm
battery
Intentional physical contact that is harmful or offensive to the other person; the
completion of an assault in tort law
bail in criminal law
a commitment made (and possibly secured by cash or property) to secure the release
of a person being held in custody and suspected of a crime, to provide some kind of
guarantee that the suspect will appear to answer the charges at some later
breach of duty
A situation where a Paramedic does not meet his or her obligation to provide the
expected standard of care. Examples, are abandonment, inappropriate care, or operating
outside the Paramedic scope of practice
burden of proof
A rule of evidence that makes a person prove a certain thing or the contrary will be
assumed by the court. For example, in criminal trials, the prosecution has the burden of
proving the accused guilt because innocence is presumed
case law
That body of Court decisions that act as precedents in the interpretation of various
Acts. In some cases, the rule is not in statute books but can be found as a principle of
law established by a judge in some recorded case
circumstantial evidence
Evidence which may allow a judge or jury to deduce a certain fact from other facts,
which have been proven. In some cases, there can be some evidence that cannot be
proven directly, such as with an eyewitness. Yet that evidence may be essential to
prove a case. In these cases, the lawyer will provide the judge or jury with evidence of
the circumstances from which a jury or judge can logically deduct, or reasonably infer,
the fact that cannot be proven directly; it is proven by the evidence of the
circumstances; hence, “circumstantial” evidence
citation
An order of a court either to do a certain thing or to appear before it to answer charges.
The citation is typically used for lesser offences (such as traffic violations) because it
relies on the good faith of the defendant to appear as requested, as opposed to an
arrest or bail
civil law
Law inspired by old Roman law, the primary feature of which was that laws were written
into a collection; codified, and not determined, as is common law, by judges. The
principle of civil law is to provide all citizens with an accessible and written collection of
the laws which apply to them and which judges must follow
class action
When different persons combine their lawsuits because the facts and the defendant are
so similar. This is designed to save Court time and to allow one judge to hear all the
cases at the same time and to make one decision binding on all parties
common law
Judge-made law. Law, which exists and applies to a group based on historical legal
precedents developed over hundreds of years. Because it is not written by elected
politicians but, rather, by judges, it is also referred to as “unwritten” law. Judges seek
these principles out when trying a case and apply the precedents to the facts to come up with a judgment.
criminal law
The form of law that deals with wrongs against society, and includes (but not limited to)
assault, battery and false imprisonment
damages
Cash compensation awarded by a Court to offset losses or suffering caused by another
person’s negligence or fault
defamation
an attack on the good reputation of a person, by stander
defeasance
A side-contract, which contains a condition, which, if realized, could defeat the main
contract. The common English usage of the word “defeasance” has also become
acceptable in law, referring to a contract that is susceptible to being declared void as in
“immoral contracts are susceptible to defeasance”
defendant
in a civil suit, the person whom a legal action is brought
