Term
What are the sources of error for circumstantial evidence? |
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Definition
1.) witness may be lying 2.) witness may have drawn the wrong conclusion 3.) witness may have been mistaken |
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Term
What are the sources of error for direct evidence? |
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Definition
1.) witness may be lying 2.) witness may be mistaken |
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Term
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Definition
information presented to the court/jury in proof of the facts. May include testimont, documents, and objects. |
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Term
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Definition
The formation of an opinion without sufficient evidence. |
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Term
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Definition
conjectural conclusion of the matter (forming opinion without proof) |
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Term
Define circumstantial evidence. |
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Definition
witness entered the scene and made an ASSUMPTION, INFERENCE. |
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Term
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Definition
Witness saw the event take place. |
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Term
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Definition
Evidence that one has been told but directly experienced. EXCEPTION TO HEARSAY: when a witness had conversation with the accused. Accused told them something directly. |
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Term
What is an examination de bene esse? |
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Definition
An examination of a witness whose evidence might otherwise be lost. (may die for example) |
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Term
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Definition
to support, strengthen or confirm |
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Term
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Definition
to make a false statement |
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Definition
inherits the property of a deceased person |
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Term
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Definition
a person named in a will to carry out the requests of the maker of the will when he/she dies. |
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Term
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Definition
a person ordered by the court to administer the assets and liabilities of a deceased person who has died without making a will. |
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Term
What does dies testate mean? |
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Definition
Individual died with a will. |
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Term
What does dies intestate mean? |
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Definition
Individual died without making a will. |
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Term
Define competent witness. |
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Definition
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Term
Define compellable witness. |
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Definition
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Term
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Definition
shows adversity and prejudice, opposing one's interests |
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Term
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Definition
Challenge of credibility. |
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Term
Define privileged communication. |
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Definition
Communication that can not be presented as evidence in a court of law. |
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Term
What is an expert testimony? |
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Definition
Opinion evidence from someone who specializes in a specific field. |
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Term
What is a hypothetical question? |
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Definition
A form of a question based on a series of assumptions claimed to be established as fact by the evidence in the case. |
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Term
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Definition
The study of sentencing and disipline. |
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Term
What is a pre-sentence report? |
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Definition
a report that is created by a probation officer of a defendant's education, family, criminal, and social background used to aid the Court to pass a sentence. |
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Term
Define capital punishment. |
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Definition
the sentence of death for a serious crime. |
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Term
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Definition
a device used to punish criminals by repeatedly plunging their head under water. |
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Term
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Definition
an instrument of torture in which a person slowly stretches. |
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Definition
corporal punishment (using physical harm as punishment) |
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Term
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Definition
the act of cuttin off or permanently damaging a body part |
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Definition
penalty or punishment to prevent people from committing crimes |
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Term
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Definition
something given in return for a wrongful deed |
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Term
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Definition
punishment given in return for a wrongful deed |
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Term
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Definition
to re-store to conditional good health. |
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Term
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Definition
to remove criminals from sociey so that they cannot repeat the offence or commit similar ones |
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Term
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Definition
to deter to a later occasion |
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Term
If you recieve an absolute discharge, what appears on your criminal record? |
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Definition
That you recieved an absolute discharge. It does not show that there was no charge against you. |
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Term
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Definition
to give up a fugitive or prisoner by one state or authority to another. |
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Term
Describe what the crimes compensation board is. |
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Definition
Will pay for most expenses that result from violent crimes. Applicant's claims are reviewed and the amount and type is decided. |
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Term
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Definition
The lawful repulsion of an alien or person from another country. |
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Term
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Definition
Prisoner serves the penalty one after the other. |
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Term
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Definition
Prisoner serves the sentences at the same time. |
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Term
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Definition
serving prison time on weekends and evenings (while maintaining a job) |
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Term
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Definition
A formal attemp to remove the stigma associated with a conviction. NOTE: The pardon does not erase the conviction, but no employment application form within the federal public service may ask any question that would reveal a pardoned conviction. And it can be revoked. |
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Term
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Definition
One who has a pattern of aggressive behavior towards others which is unlikely to be restrained in future. |
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Term
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Definition
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Term
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Definition
confinement in a provincial or federal prison |
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Term
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Definition
to change a penalty from a severe one to a less severe |
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Term
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Definition
The release of an offender before his or her complete sentence has expired. The object is to return offenders to the community at the optimum timme with control, supervision, adn support |
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Term
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Definition
an occasional release given for medical or humanitarian reason (with or without escort) |
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Term
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Definition
wherein he is released during the day and must return every night |
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Term
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Definition
the full-time conditional release during the day and must return every night. |
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Term
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Definition
the full time conditional release of an inmate *** you can be released in parole before the end of your sentence. In these cases the offender will be under care of a parole officer until sentence is ended |
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Term
how long is murderer on parole? |
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Definition
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Term
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Definition
legislation states that an inmate is to be released after serving 2/3 of his/her sentence. Although parole board can detain you until your sentence is ended. |
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Term
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Definition
PROVINCIAL employee, deals with accused persons prior to sentence |
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Term
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Definition
FEDERAL employee who may deal with offenders inside jail and also after warrent expiry as street supervisor. May deal with accused for years, or a life time for murderers |
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Term
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Definition
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Term
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Definition
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Term
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Definition
of little worth or importance |
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Term
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Definition
a document prepared by cousel that summarizes the facts which were led in evidence beofre the trial judge, and presents arguments either for or against the disposition of the case. |
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Term
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Definition
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Term
What are the three head of damages? |
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Definition
1.) General-pain, suffering and emotional aspect 2.) Special-out of pocket money, moss of income (must have proff 3.) Punitive-punishment against the person who caused all of this difficulty |
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Term
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Definition
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Term
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Definition
damaging someone's reputation |
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Term
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Definition
when you contribute to your own injury |
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Term
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Definition
things that people are drawn to that may cause them harm ( pools, trampolines) |
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Term
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Definition
person was fired, and they believe that it was for an inappropriate reason |
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Term
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Definition
If you are asked to do something reasonable and you do not do it. |
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Term
What is the limit for small claims court in Alberta? |
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Definition
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Term
List 4 circumstances that may lead to a civil lawsuit. |
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Definition
1.) DOG BITE 2.)CAR ACCIDENT 3.) FALLING ON ICE 4.) PURCHASING A BAD PRODUCT 5.) BEING HURT ON A TRAMPOLINE |
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Term
List the documents that comprise the pleadings. |
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Definition
SSCDCPOA Statement of Claim Statement of Defence Civil Claims Dispute Notes Counter Claims Petitions Originating Notes Answers |
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Term
List, in order, the documents that would be exchanged before a trial. |
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Definition
1.) Statement of Claim 2.) Statement of Defense 3.) Amended Statement of Claim 4.) Amended Statement of Defense 5.) Reply and Joiner of Issue 6.) Affidavit of Documents/Records 7.) Appointment for Examination for Discovery 8.) Certificate of Readiness 9.) Judgment 10.) Bill of cost 11.) Writ of Execution |
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Term
What is a third party notice? |
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Definition
A document from the defendant to the third party alleging that they are partly or wholly liable for damages the plaintiff incurred. |
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Term
Examination for Discovery |
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Definition
a pre-trial civil proceeding in which a litigant has the right to interrogate a party adverse in interest prior to the trial. |
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Term
Explain solicitor/client privilege |
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Definition
either oral or written communications passed between solicitor and client for the pruposes of giving or recieving professional advice need not be disclosed, unless the client waives the privilege. |
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Term
Explain objections to questions. |
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Definition
A reason for objection should always be stated for the record. The examining solicitor may choose to proceed with the rest of the examination and later apply to a judge/Court for the ruling |
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Term
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Definition
A document commencing an action issed to the defendant by the plaintiff |
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Term
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Definition
A document answering the plaintiff's Statement of Claim. Must be filed within 15 days. |
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Term
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Definition
a written declaration sworn under oath |
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Term
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Definition
Issued the Defendant opposing the Plaintiff's claim in an attemp to reduce the amount of the Plaintiff's original claim. |
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Term
Amended Statement of Claim |
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Definition
One that is revised as a result of the response to the claim that is outlined in the Statement of Defense. |
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Term
Reply and Joiner of Issue |
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Definition
A document that states what the parties agree on and what they disagree on. |
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Term
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Definition
a listing of documents that the partiesa re going to rely on in their lawsuit. |
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Term
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Definition
a checklist to ensure that the parties are ready for trial |
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Term
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Definition
the final decision the award |
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Term
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Definition
The fees and disbursements..the lawyer's bill the the client (to show them how much money they wasted hee hee) |
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Term
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Definition
Court order granted to satisfy the Plaintiff... at the same time it is often that the Court will order a sherrif to levy the debtor's property. |
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Term
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Definition
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Term
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Definition
A procedding instituted by one party against another |
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Term
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Definition
To testify under oath, usually in writing as in an affidiavit |
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Term
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Definition
Money that has been paid to a witness that has been subpoenaed |
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Term
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Definition
a court order requiring an individual to do or refrain from doing something |
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Term
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Definition
when the lawyer gets a % of the civil award |
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Term
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Definition
an action of recovery of goods and chattels wrongfully taken or seized. |
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Term
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Definition
Prepared by counsel who are appealing a decision. Contains a summary of the evidence led at trail and arguments for or aginast disposition of the case. |
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Term
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Definition
For the suit. A guardia ad litem acts for a party incapacitated by infancy or otherwise |
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Term
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Definition
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Term
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Definition
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Term
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Definition
Children of Unwed Parents |
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Term
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Definition
something intervening between the commencement and the end of suit which decides some point of matter |
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Term
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Definition
The amoutn of money the defendant offers to the plaintiff in advance of trial to settle thr claim |
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Term
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Definition
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Term
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Definition
A lawsuit brought by representative members of a large group of persons on behalf of all members of a group. |
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Term
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Definition
Suffer no loss but wanted to assert your rights |
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Term
Certificate of Non Appearance |
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Definition
if a witness does not show up at an examination for discovery when an appointment has been made with an examiner |
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Term
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Definition
codify and outline the requirements/process/rules/documentation required for civil porceedings, trial process, and rewards |
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Term
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Definition
Rules of Court presently state that in order to be able to give a certificate of non appearance the Court Reporter ( if freelance) must be an examiner. |
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Term
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Definition
to give priority, to be done right away |
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Term
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Definition
the one who is owed the money |
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Term
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Definition
the one who owes the money |
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Term
What are the objects of purposes for conducting an examination for discovery? |
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Definition
1.) to obtain information as to the facts alleged by the opposite party, to know the case he has to meet. 2.) to procure admissions which will weaken the opponent's case 3.) to limit the opposite party's case to the evidence presented at the examination 4.) to obtain admissions from the opposite party which will dispense with the necessity for other formal proof such as facts at the trial, saving both time and money |
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Term
List some limitations on the right of examination. -hypothetical questions need not be answered -questions directed only to the credibility of the witness or of another party are not allowed -examination is limited to questions and a |
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Definition
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Term
Write out the process of an examination for discovery. |
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Definition
1.) Obtain Style of Cause -"in the Court of Queen's Bench of Alberta" -Judicial District of? -Action # -Litigant's Names -Litigants Roles 2.) Obtain Appearances -names of counsel -who they represent 3.) Obtain Witnesses' Full Names 4.) Administer the Oath/Affirmation 5.) Read Back -Proficient location of portion to be read -Accurate readback 6.) Mark Exhibits -placement of stamp 7.) Interrupt Porceeding -to clarify something not heard -to clarify something not understood 8.) Clarify Spellings 9.) Obtain Transcript Orders -transcript required yes or no? |
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Term
What information is included on the exhibits? |
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Definition
1.) Sequential number 2.) Full name of witness being examined 3.) Date of examination 4.) Reporter's name or initials |
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Term
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Definition
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