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Difference between revisions of "Small Claims Glossary (20:App E)"

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Small Claims Glossary (20:App E) (view source)

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{{REVIEWED LSLAP | date= June 24, 2023}}
{{LSLAP Manual TOC|expanded = smallclaims}}
{{LSLAP Manual TOC|expanded = smallclaims}}
'''ADJOURNMENT'''
*In court settings, postponement of an appearance date until a later, fixed, date.


'''AMENDMENT'''
'''AMENDMENT'''
*Modification of submitted materials. Amendments can consist of additions, deletions, and corrections.  
*Modification of submitted materials. Amendments can consist of additions, deletions, and corrections.  
'''ADJOURNMENT'''
*In court settings, postponement of an appearance date until a later, fixed, date.


'''BALANCE OF PROBABILITIES'''  
'''BALANCE OF PROBABILITIES'''  
*The civil standard of proof. To prove a civil case, it need only be established that the case is more probable than the other.  
*The civil standard of proof. To prove a civil case, it need only be established that the case is more probable than the other.  
'''BEYOND A REASONABLE DOUBT'''
*The criminal standard of proof. Explained concisely in widely-cited case ''R v W.(D.)'', [1991] 1 SCR 742, which is discussed in [[Introduction_to_Criminal_Law_(1:I) | Chapter 1: Criminal Law]].


'''CAUSE OF ACTION'''  
'''CAUSE OF ACTION'''  
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'''CONTINGENCY'''  
'''CONTINGENCY'''  
*In legal circles, is commonly used to refer to a contingent fee,which is a fee for legal services provided only if the legal action is settled favorably or out of court.  
*In legal circles, is commonly used to refer to a contingent fee,which is a fee for legal services provided only if the legal action is settled favourably or out of court.  


'''CONTRIBUTORY NEGLIGENCE'''
'''CONTRIBUTORY NEGLIGENCE'''
*Negligent behavior of the plaintiff that contributes to the harm resulting from the defendant’s negligence.   
*Negligent behaviour of the plaintiff that contributes to the harm resulting from the defendant’s negligence.   


'''COUNTERCLAIM/COUNTERCLAIMANT'''  
'''COUNTERCLAIM/COUNTERCLAIMANT'''  
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#Judgment in a civil or criminal proceeding denying the relief sought by the action.  
#Judgment in a civil or criminal proceeding denying the relief sought by the action.  


EQUITY  
'''EQUITY'''
Can mean different things in different contexts. The most common definitions for equity include:  
*Can mean different things in different contexts. The most common definitions for equity include:  
1.The broad concept of fairness  
#The broad concept of fairness  
2.An alternative legal system that originated in the English courts as a response to the common-law system  
#An alternative legal system that originated in the English courts as a response to the common-law system  
 
'''ESTATE'''
*The degree, quantity, or nature of interest that a person has in real or personal property.
 
'''EX PARTE'''
*In the interests of one side only or an interested outside party.


ESTATE
'''EXECUTOR/EXECUTRIX'''
The degree, quantity, or nature of interest that a person has in real or personal property.  
*A person specifically appointed by a will to carry out its wishes. Some of the administrative responsibilities typically added to executor’s duties include:
*Gathering up and protecting the assets of the estate;
*Locating beneficiaries named in the will and/or potential heirs;
*Collecting and arranging for payments of debts to the estate;
*Approving or disapproving creditors’  claims; and/or
*Making sure estate taxes are calculated.  


EX PARTE
'''EXTRAPROVINCIAL CORPORATION''' 
In the interests of one side only or an interested outside party.  
*A corporate body that is not incorporated in the province where action has been started.  


EXECUTOR/EXECUTRIX
'''GARNISHEE'''
A person specifically appointed by a will to carry out its wishes. Some of the administrative responsibilities typically added to executor’s duties include:
*A third party ordered to surrender money or property lost by a defendant. The third party must possess the money or property but the defendant must own it.  
Gathering up and protecting the assets of the estate;
Locating beneficiaries named in the will and/or potential heirs;
Collecting and arranging for payments of debts to the estate;
Approving or disapproving creditors’  claims;
Making sure estate taxes are calculated.  


EXTRAPROVINCIAL CORPORATION 
'''HEARSAY'''
A corporate body which is not incorporated in the province where action has been started.  
*A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted. Hearsay evidence is generally inadmissible but there are many exceptions to the hearsay rule.  


GARNISHEE
'''IN FORCE'''
A third party ordered to surrender money or property lost by a defendant. The third party must possess the money or property but the defendant must own it.  
*Commonly refers to when a law becomes legally applicable.  


HEARSAY
'''INDEMNIFY'''
A statement made out of court that is offered in court as evidence to prove the truth of the matter asserted. Hearsay evidence is generally inadmissible but there are many exceptions to the hearsay rule.  
*Contract with a third party to perform another’s obligations if called upon to do so by the third party, whether the other has defaulted or not.  


IN FORCE
'''INDIGENT'''
Commonly refers to when a law becomes legally applicable.  
*Used in legal contexts to identify a person with no reasonable ability to pay; often used to identify those deserving of legal aid or waived filing fees.  


INDEMNIFY
'''INJUNCTION (MANDATORY, PROHIBITORY, MAREVA, ANTON PILLER)'''
Contract with a third party to perform another’s obligations if called upon to do so by the third party, whether the other has defaulted or not.  
*A court order requiring an individual to either perform or not perform a particular act.


INDIGENT
'''JUDGMENT PROOF'''
Used in legal contexts to identify a person with no reasonable ability to pay; often used to identify those deserving of legal aid or waived filing fees.  
*Commonly used to refer to defendants or potential defendants who are financially insolvent.  


INJUNCTION (MANDATORY, PROHIBITORY, MAREVA, ANTON PILLER)
'''JUDICIAL REVIEW'''
A court order requiring an individual to either perform or not perform a particular act.
*A process where a court of law is asked to rule on the appropriateness of a decision of an administrative agency, tribunal, or legislative body.  


JUDGMENT PROOF
'''LEAVE'''
Commonly used to refer to defendants or potential defendants who are financially insolvent.  
*Commonly used in the context of leave of the court. Generally refers to permission to perform an action or make a statement.  


JUDICIAL REVIEW
'''LITIGANT'''
A process where a court of law is asked to rule on the appropriateness of a decision of an administrative agency,tribunal, or legislative body.  
*Any party involved in a lawsuit.  


LEAVE
'''MALICIOUS PROSECUTION'''
Commonly used in the context of leave of the court. Generally refers to permission to perform an action or make a statement.  
*A cause of action relating to a civil suit or criminal proceeding that has been unsuccessfully committed without probable cause and for a purpose other than bringing the alleged wrongdoer to justice.  


LITIGANT
'''MISNOMER'''
Any party involved in a lawsuit.  
*An inaccurate use of a word or term.  


MALICIOUS PROSECUTION
'''PARTNERSHIP'''
A cause of action relating to a civil suit or criminal proceeding that has been unsuccessfully committed without probable cause and for a purpose other than bringing the alleged wrongdoer to justice.  
*An association of two or more persons engaged in a business enterprise in which the profits and losses are shared proportionally.  


MISNOMER
'''PRIMA FACIE'''
An inaccurate use of a word or term.  
*Based on first glance; presumed as true until proven otherwise.  


PARTNERSHIP
'''PROPRIETORSHIP'''
An association of two or more persons engaged in a business enterprise in which the profits and losses are shared proportionally.  
*An unincorporated business owned by a single person who is responsible for its liabilities and entitled to its profits.  


PRIMA FACIE
'''QUANTUM MERUIT'''
Based on first glance; presumed as true until proven otherwise.  
*Latin for “what one has earned.” The amount to be paid for services where no agreement exists.  


PROPRIETORSHIP
'''QUANTUM VALEBAT'''
An unincorporated business owned by a single person who is responsible for its liabilities and entitled to its profits.  
*Latin for “what it was worth.” When goods are sold without a price specified, the law generally implies that the seller will pay the buyer what they were worth.  


QUANTUM MERUIT
'''REGULATION'''
Latin for “what one has earned.” The amount to be paid for services where no agreement exists.  
*A law on some point of detail, supported by an enabling statute, and issued not by a legislative body but by an executive branch of government.  


QUANTUM VALEBAT
'''RELIEF'''
Latin for “what it was worth.” When goods are sold without a price specified, the law generally implies that the seller will pay the buyer what they were worth.  
*A legal remedy – the enforcement of a right, imposition of a penalty, or some other kind of court order – that will be granted by courts in response to a specific action.  


REGULATION
'''ROYAL ASSENT'''
A law on some point of detail, supported by an enabling statute, and issued not by a legislative body but by an executive branch of government.  
*In Canada, where the Lieutenant Governor signs a bill to bring it into law. New legislation can exist as a bill but not as binding law if it has not received Royal Assent.  


RELIEF
'''SET-OFF'''
A legal remedy – the enforcement of a right, imposition of a penalty, or some other kind of court order – that will be granted by courts in response to a specific action.  
*A claim by a defendant in a lawsuit that the plaintiff owes the defendant money which should be subtracted from the amount of damages claimed.  


ROYAL ASSENT
'''SPECIFIC PERFORMANCE'''
In Canada, where the Lieutenant Governor signs a bill to bring it into law. New legislation can exist as a bill but not as binding law if it has not received Royal Assent.  
*A legal remedy that compels a party to complete their specific duty in a contract  rather than compensate the claimant with damages. Often used when a unique remedy is at issue.  


SET-OFF
'''STAND DOWN'''
A claim by a defendant in a lawsuit that the plaintiff owes the defendant money which should be subtracted from the amount of damages claimed.  
*In court, when a matter is postponed for a short period of the time. Differs from adjournment in being less formal; to stand a matter down is usually to postpone it for a short, indefinite period, while adjournments are often for longer fixed periods.  


SPECIFIC PERFORMANCE
'''STATUTE'''
A legal remedy that compels a party to complete their specific duty in a contract  rather than compensate the claimant with damages. Often used when a unique remedy is at issue.  
*A written law passed by a legislative body.  


STAND DOWN
'''STAY OF PROCEEDINGS'''
In court, when a matter is postponed for a short period of the time. Differs from adjournment in being less formal; to stand a matter down is usually to postpone it for a short, indefinite period, while adjournments are often for longer fixed periods.  
*Stoppage of an entire case or a specific proceeding within a case.  


STATUTE
'''SUBROGATE'''
A written law passed by a legislative body.  
*To substitute one party for another in a legal proceeding. The facts of each case determine whether subrogation is applicable.  


STAY OF PROCEEDINGS
'''SUBSTITUTIONAL SERVICE'''
Stoppage of an entire case or a specific proceeding within a case.  
*Under court authorization, serving an alternate person when the original named party cannot be reached.  


SUBROGATE
'''TORT'''
To substitute one party for another in a legal proceeding. The facts of each case determine whether or not subrogation is applicable.  
*A private, civil action stemming from an injury or other wrongful act that causes damage to person or property.


SUBSTITUTIONAL SERVICE
'''UBERRIMAE FIDEI'''
Under court authorization, serving an alternate person when the original named party cannot be reached.  
*Utmost good faith; commonly used as the standard for dealing in insurance contracts.


TORT
'''WITHOUT PREJUDICE'''
A private, civil action stemming from an injury or other wrongful act that causes damage to person or property.
*A reservation made on a statement that it cannot be used against in future dealings or litigation.


UBERRIMAE FIDEI
Utmost good faith; commonly used as the standard for dealing in insurance contracts.


WITHOUT PREJUDICE
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A reservation made on a statement that it cannot be used against in future dealings or litigation.
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