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Unit 4 and 5 Sem. 1, Year 1
trial procedures and civil trials
117
Law
Not Applicable
12/13/2007

Additional Law Flashcards

 


 

Cards

Term
What are the sources of error for circumstantial evidence?
Definition

1.) witness may be lying

2.) witness may have drawn the wrong conclusion

3.) witness may have been mistaken

Term
What are the sources of error for direct evidence?
Definition

1.) witness may be lying

2.) witness may be mistaken

Term

Define evidence.

Definition
information presented to the court/jury in proof of the facts. May include testimont, documents, and objects.
Term
Define conjecture.
Definition
The formation of an opinion without sufficient evidence.
Term
Define speculation.
Definition
conjectural conclusion of the matter (forming opinion without proof)
Term
Define circumstantial evidence.
Definition
witness entered the scene and made an ASSUMPTION, INFERENCE.
Term

Define direct evidence.

Definition
Witness saw the event take place.
Term
Define hearsay evidence.
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.

Term
What is an examination de bene esse?
Definition
An examination of a witness whose evidence might otherwise be lost. (may die for example)
Term
Define corroborate.
Definition
to support, strengthen or confirm
Term
Define feign.
Definition
to make a false statement
Term
Define heir.
Definition
inherits the property of a deceased person
Term
Define executor.
Definition
a person named in a will to carry out the requests of the maker of the will when he/she dies.
Term
Define administrator.
Definition
a person ordered by the court to administer the assets and liabilities of a deceased person who has died without making a will.
Term

What does dies testate mean?

Definition

Individual died with a will.

Term

What does dies intestate mean?

Definition
Individual died without making a will.
Term

Define competent witness.

Definition

Legally qualified.

Term

Define compellable witness.

Definition
Can be obligated.
Term
Define hostile witness.
Definition

shows adversity and prejudice, opposing one's interests

Term
Define impeach.
Definition
Challenge of credibility.
Term

Define privileged communication.

Definition

Communication that can not be presented as evidence in a court of law.

Term
What is an expert testimony?
Definition

Opinion evidence from someone who specializes in a specific field.

Term
What is a hypothetical question?
Definition
A form of a question based on a series of assumptions claimed to be established as fact by the evidence in the case. 
Term
Define penology.
Definition
The study of sentencing and disipline.
Term
What is a pre-sentence report?
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.
Term
Define capital punishment.
Definition
the sentence of death for a serious crime.
Term
ducking stool
Definition
a device used to punish criminals by repeatedly plunging their head under water.
Term
rack
Definition
an instrument of torture in which a person slowly stretches.
Term

flogging

Definition

corporal punishment (using physical harm as punishment)

Term
Mutilation
Definition
the act of cuttin off or permanently damaging a body part
Term
deterrence
Definition
penalty or punishment to prevent people from committing crimes
Term
Retaliation
Definition
something given in return for a wrongful deed
Term
Retribution
Definition
punishment given in return for a wrongful deed
Term
Rehabilitation
Definition
to re-store to conditional good health.
Term
segregation
Definition
to remove criminals from sociey so that they cannot repeat the offence or commit similar ones
Term
suspended sentence
Definition
to deter to a later occasion
Term

If you recieve an absolute discharge, what appears on your criminal record?

Definition
That you recieved an absolute discharge. It does not show that there was no charge against you.
Term
extradite
Definition
to give up a fugitive or prisoner by one state or authority to another.
Term
Describe what the crimes compensation board is.
Definition
Will pay for most expenses that result from violent crimes. Applicant's claims are reviewed and the amount and type is decided.
Term
Deport
Definition
The lawful repulsion of an alien or person from another country.
Term
Consecutive
Definition

Prisoner serves the penalty one after the other.

Term
Concurrent
Definition
Prisoner serves the sentences at the same time.
Term
Intermittently
Definition
serving prison time on weekends and evenings (while maintaining a job)
Term
pardon
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.
Term
Dangerous offender.
Definition
One who has a pattern of aggressive behavior towards others which is unlikely to be restrained in future. 
Term
indeterminate
Definition
no set time
Term
incarcerated
Definition
confinement in a provincial or federal prison
Term
commuted
Definition
to change a penalty from a severe one to a less severe
Term
parole
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
Term
temporary absence
Definition

an occasional release given for medical or humanitarian reason (with or without escort)

 

Term
day parole
Definition
wherein he is released during the day and must return every night
Term
full parole
Definition
the full-time conditional release during the day and must return every night.
Term
full parole
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

Term
how long is murderer on parole?
Definition
the rest of his/her life
Term
statutory release
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.
Term
probation officer
Definition
PROVINCIAL employee, deals with accused persons prior to sentence
Term
parole officer
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

Term
recidivism
Definition
relapse into crime
Term
vexatious
Definition
troublesome/annoying
Term
frivolous
Definition
of little worth or importance
Term
FACTUM
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.
Term
consortium
Definition
a partnership or union
Term
What are the three head of damages?
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

Term
conversion
Definition
civil term for theft
Term

Defamation

Definition
damaging someone's reputation
Term
Contributory Negligence
Definition
when you contribute to your own injury
Term
attractive nuisance
Definition
things that people are drawn to that may cause them harm ( pools, trampolines)
Term
wrongful dismissal
Definition
person was fired, and they believe that it was for an inappropriate reason
Term
insubordination
Definition
If you are asked to do something reasonable and you do not do it.
Term
What is the limit for small claims court in Alberta?
Definition
$25,000
Term
List 4 circumstances that may lead to a civil lawsuit.
Definition

1.) DOG BITE

2.)CAR ACCIDENT

3.) FALLING ON ICE

4.) PURCHASING A BAD PRODUCT

5.) BEING HURT ON A TRAMPOLINE

Term

List the documents that comprise the pleadings.

Definition

SSCDCPOA 

Statement of Claim

Statement of Defence

Civil Claims

Dispute Notes

Counter Claims

Petitions

Originating Notes

Answers

Term
List, in order, the documents that would be exchanged before a trial.
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

Term
What is a third party notice?
Definition
A document from the defendant to the third party alleging that they are partly or wholly liable for damages the plaintiff incurred.
Term
Examination for Discovery
Definition
a pre-trial civil proceeding in which a litigant has the right to interrogate a party adverse in interest prior to the trial.
Term
Explain solicitor/client privilege
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.
Term
Explain objections to questions.
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
Term
Statement of Claim
Definition
A document commencing an action issed to the defendant by the plaintiff
Term
Statement of Defense
Definition
A document answering the plaintiff's Statement of Claim. Must be filed within 15 days.
Term

affidavit

 

Definition
a written declaration sworn under oath
Term
Counterclaim
Definition
Issued the Defendant opposing the Plaintiff's claim in an attemp to reduce the amount of the Plaintiff's original claim.
Term
Amended Statement of Claim
Definition

One that is revised as a result of the response to the claim that is outlined in the Statement of Defense.

Term
Reply and Joiner of Issue
Definition

A document that states what the parties agree on and what they disagree on.

Term
Affidavit of Documents
Definition
a listing of documents that the partiesa re going to rely on in their lawsuit.
Term
Certificate of Readiness
Definition
a checklist to ensure that the parties are ready for trial
Term
Judgment
Definition
the final decision the award
Term
Bill of Costs
Definition
The fees and disbursements..the lawyer's bill the the client (to show them how much money they wasted hee hee)
Term
Writ of Execution
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.
Term
Petition
Definition
A formal written request
Term
Action
Definition
A procedding instituted by one party against another
Term
Depose
Definition
To testify under oath, usually in writing as in an affidiavit
Term
Conduct money
Definition
Money that has been paid to a witness that has been subpoenaed
Term
Injunction
Definition
a court order requiring an individual to do or refrain from doing something
Term
Continguency Basis
Definition
when the lawyer gets a % of the civil award
Term
Replevin
Definition
an action of recovery of goods and chattels wrongfully taken or seized.
Term
Factum
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.
Term
Ad Litem
Definition
For the suit. A guardia ad litem acts for a party incapacitated by infancy or otherwise
Term
Intestate
Definition
not having made a will
Term
Testate
Definition
made a will
Term
C.U.P
Definition
Children of Unwed Parents
Term
Interlocutory
Definition
something intervening between the commencement and the end of suit which decides some point of matter
Term
Payment into Court
Definition
The amoutn of money the defendant offers to the plaintiff in advance of trial to settle thr claim
Term

Traversed Seriatim

Definition
denied one by one
Term
Class Action
Definition
A lawsuit brought by representative members of a large group of persons on behalf of all members of a group.
Term
Nominal Damages
Definition
Suffer no loss but wanted to assert your rights
Term
Certificate of Non Appearance
Definition
if a witness does not show up at an examination for discovery when an appointment has been made with an examiner
Term
Rules of Court
Definition
codify and outline the requirements/process/rules/documentation required for civil porceedings, trial process, and rewards
Term
Examiner
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.
Term
Expedited
Definition
to give priority, to be done right away
Term
Jugment Creditor
Definition
the one who is owed the money
Term
Judgement Debtor
Definition
the one who owes the money
Term
What are the objects of purposes for conducting an examination for discovery?
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 

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

Definition
Term
Write out the process of an examination for discovery.
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?

Term
What information is included on the exhibits?
Definition

1.) Sequential number

2.) Full name of witness being examined

3.) Date of examination

4.) Reporter's name or initials

Term
ex parte
Definition
one sided
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