Module 3

Question 1

Standard of Review

Answer 1

• The legal test used by an appellate or reviewing court to assess the correctness or reasonableness of a lower court or tribunal’s decision. It determines how much deference the higher court gives.

Question 2

Correctness

Answer 2

• A non-deferential standard of review. The reviewing court can substitute its own opinion if it disagrees. Used when there is a legal question requiring a single right answer (e.g., constitutional interpretation).

Question 3

Palpable and Overriding

Answer 3

• A highly deferential standard for reviewing factual findings. The error must be obvious and significant enough to affect the outcome. Used mostly in appeals of trial-level decisions.
• “Palpable” = the mistake is obvious.
  “Overriding” = it matters enough to change the outcome.

Question 4

High Deference

Answer 4

• The reviewing body gives great weight to the original decision. Applied when the original decision-maker has expertise or the law involves discretionary judgment.
• Means the reviewing court shows a lot of respect and trust in the original decision-maker.
  Even if the court would’ve decided differently, it says:

Question 5

Low Deference

Answer 5

• The reviewing body is less restrained and more willing to intervene. Used when the original decision involves important legal questions or lacks specialized expertise.
• Means the court is more willing to step in and change the decision.
  It might think the issue is too important, too clear-cut, or outside the other body’s expertise.

Question 6

Alternative Dispute Resolution

Answer 6

Negotiation
- Just the parties involved — no third party
- Informal and private
- Goal: reach a mutual agreement
- Can happen with or without lawyers

Mediation
- A neutral third party (mediator) helps the two sides talk and try to find a solution
- The mediator does not make decisions, just guides discussion
- Any outcome is voluntary and non-binding unless written into an agreement

Arbitration
- A neutral third party (arbitrator) listens to both sides and makes a binding decision
- More like a private court
- Can be faster and more flexible than a real trial

Question 7

Summary Procedure

Answer 7

A simplified court process for handling small or straightforward cases quickly and cheaply.
Often used in small claims courts or minor civil disputes.

Question 8

Discontinuance

Answer 8

• When a party formally ends their case or claim, either partially or entirely.
• Can happen before or during proceedings.
• Often done when a settlement is reached or continuing is pointless.

Question 9

Standard of proof

Answer 9

• How convincing the evidence must be for a party to win:
• Criminal: Beyond a reasonable doubt
• Civil: Balance of probabilities (more likely than not)

Question 10

Balance of Probabilities

Answer 10

• The standard of proof in most civil cases.
• Means that a party’s version of events is more likely true than not true (just over 50%).

Question 11

Remedy

Answer 11

What a court orders to fix a wrong or enforce a right.
Types:
- Damages (money)
- Injunctions (stop/start doing something)
- Declarations (clarifying legal rights)

Question 12

Enforcement Process

Answer 12

• Legal steps taken to make someone obey a judgment — like collecting money owed or transferring property.
• May involve garnishment, seizures, or sheriffs/civil enforcement agencies

Question 13

Abandonment

Answer 13

• When a person gives up a legal claim, right, or property.
• Can also mean withdrawing from a case or failing to pursue a right, often resulting in loss of it.

Question 14

Civil Enforcement Agency

Answer 14

• Authorized body (like sheriffs) that carries out court orders — e.g., seizing assets, evicting tenants, enforcing debts.

Question 15

Garnishment

Answer 15

• A way for a creditor to collect money from a debtor by taking it from wages or a bank account, based on a court judgment.
• redirecting any payment to the judgement creditor

Question 16

Judgement Proof

Answer 16

• A person who owes money but has no seizable assets or income.
• Even with a court order, creditors can’t collect — the judgment is unenforceable (at least for now).

Question 17

Declaratory

Answer 17

• A court ruling that declares a legal relationship, right, or obligation without requiring action or awarding money.
  Used to get clarity — like confirming someone owns land or interpreting a contract.

Question 18

Injunction

Answer 18

A court order requiring a person to do something or stop doing something.