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17 Cards in this Set
- Front
- Back
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Original Jurisdiction |
-Judge hears case for 1st time -all facts held at trial court |
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Appeal Courts |
Court to appeal the original jurisdiction
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Pleadings |
Written statements set out facts and claims
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Examination for discovery |
Pre trial oral or written examination under oath |
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Contingency Fee |
Fee payed to lawyer if you win the case
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Arbitration |
Process where 3rd party hears problem and makes decision
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Solicitor |
Lawyer whose practice is preparing legal documents and other forms of non-litigous legal work |
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Barrister |
Lawyer who acts for clients in litigation or criminal court proceedings |
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Trial Court |
The court which a legal action is first brought before a judge for a decision |
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Assizes |
Sittings of the court held in different places throughout the province
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Civil Courts |
Deal with private law disputes |
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Small Claims Court |
Hears cases where the amount of money involved is less than $10,000 |
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Surrogate Court |
Special court established to hear and deal with wills and the administration of the estates of deceased persons |
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Class Action |
-An action where a single person could stand as a representative for an entire class of similar individuals
-Ex. train crashes and 50 people are injured, they just have one case representing all people in an effort to reduce repetition and unnecessary use of court |
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Ad Hoc Tribunal |
-A tribunal established to deal with a particular dispute between parties
-tend to be boards of arbitration, and tend to be found in the area of labour relations
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Alternative Dispute Resolution (ADR) |
-Alternate methods (mediation and arbitration) to find a resolution Advantages - the speed at which hearings may be held -the informality and confidentiality of the proceedings, -lower cost of obtaining a decision (don't have to pay all the court fees) |
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Mediator |
A person who during mediation tries to solve the issue before court to see if theres a fair way to solve the problem that both parties can agree on |
