Term Test Two Flashcards
(37 cards)
Pyrrhic Victory
Winning a case at too great a cost
Avoid reckless and pernicious pursuit of damages
Discovery of documents and requirements at this stage
Examination of documents by lawyers
To make available all evidence and allegations
Question types and unanswered questions
If you do not answer the judge can decide based on the lack of response
Life span of civil cases
Five years
Rejecting an offer. Is it good? What happens?
Order extra costs against a defendant who rejects an offer
May order costs against a plaintiff when they are being unreasonable
In tort law does it include contracts
No
What is permitted during an appeal in a civil case
Only made on questions of law but not based on question of fact
If error of law has occurred, then an appeal may be granted
Definition of civil negligence
Actions that are inadvertent
Not willful or deliberate
Not taking the proper form of care that someone should
Novus Actus
Intervening act of preexisting condition (something that existed before the negligence occurred)
5 elements required for civil negligence
1. Duty of care
Duty to be careful
- Fault or breach
Behaviour fell bellow standard constitute fault
- Loss, damage, injury
Plaintiff must demonstrate some types of loss (mental stress, physical harm)
- Causation
Injury direct cause of conduct of defendant
Direct connection
- Contributory negligence
No prejudicial conduct on part of the victim
If the person who was hurt did anything themselves that contributed to accident or injury, then the defendant is not responsible for the injury
Modified objective standard
Test for penal negligence “modifies” the purely objective norm fr determining civil negligence
Crime Control Model Means vs Ends
emphasizes social control, punishment, deterrence of criminal conduct, concern for victim and victims rights
Due Process Model Means vs Ends
Emphasis on the means (the process by which the system operates) as opposed to the ends (convicting criminal and maintain order)
Reliability Model Means vs Ends
Protect the innocent and convict the guilty
CCM + Law enforcement
Operate upon a presumption of guilt
Most significant sources for police is power
Law must give the police the powers necessary to do the job
DPM + law enforcement
Must be severely limited and monitored
Police are a necessary evil
Must be made accountable for the actions
Protection of individual rights is given highest priority and is enshrined in a constitution
RM + Laaw enforcement
Focusing on best practices to balance rights with public safety via procedural safeguards
CCM + Adversaries
Law and order
Tough on crime
Throw the book at them
No room for empathy for criminals
Upholding justice at any cost
DPM + adversaries
Demands a formal, adjudicative, adversarial process headed by an impartial tribunal, judge and or jury
Stresses the possibility of error and bias particular against minorities and the poor
RM + adversaries
Joining forces between police, crown and defence, victims and judges
