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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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'''DISMISS'''
'''DISMISS'''
*#The discharge of an individual or corporation from employment.  
#The discharge of an individual or corporation from employment.  
*#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'''  
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'''EXECUTOR/EXECUTRIX'''
'''EXECUTOR/EXECUTRIX'''
*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 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;  
*Gathering up and protecting the assets of the estate;  
**Locating beneficiaries named in the will and/or potential heirs;  
*Locating beneficiaries named in the will and/or potential heirs;  
**Collecting and arranging for payments of debts to the estate;  
*Collecting and arranging for payments of debts to the estate;  
**Approving or disapproving creditors’  claims;  
*Approving or disapproving creditors’  claims; and/or
**Making sure estate taxes are calculated.  
*Making sure estate taxes are calculated.  


'''EXTRAPROVINCIAL CORPORATION'''   
'''EXTRAPROVINCIAL CORPORATION'''   
*A corporate body which is not incorporated in the province where action has been started.  
*A corporate body that is not incorporated in the province where action has been started.  


'''GARNISHEE'''  
'''GARNISHEE'''  
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'''ROYAL ASSENT'''  
'''ROYAL ASSENT'''  
*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.  
*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.  
'''
 
SET-OFF'''
'''SET-OFF'''
*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.  
*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.  


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'''SUBROGATE'''  
'''SUBROGATE'''  
*To substitute one party for another in a legal proceeding. The facts of each case determine whether or not subrogation is applicable.  
*To substitute one party for another in a legal proceeding. The facts of each case determine whether subrogation is applicable.  
'''
 
SUBSTITUTIONAL SERVICE'''
'''SUBSTITUTIONAL SERVICE'''
*Under court authorization, serving an alternate person when the original named party cannot be reached.  
*Under court authorization, serving an alternate person when the original named party cannot be reached.  


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'''UBERRIMAE FIDEI'''  
'''UBERRIMAE FIDEI'''  
*Utmost good faith; commonly used as the standard for dealing in insurance contracts.
*Utmost good faith; commonly used as the standard for dealing in insurance contracts.
'''
 
WITHOUT PREJUDICE'''  
'''WITHOUT PREJUDICE'''  
*A reservation made on a statement that it cannot be used against in future dealings or litigation.
*A reservation made on a statement that it cannot be used against in future dealings or litigation.
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