LS term 3 keyterms

Writ of summons

A legal document that begins a civil lawsuit by notifying the defendant that they are being sued and must respond.

Default judgement

A judgment entered against a party who fails to appear or respond to the claim.

Settlement conference

A meeting between parties and a judge to encourage resolving the dispute without trial.

Hearsay evidence

Second-hand statements made outside the courtroom; generally inadmissible unless exceptions apply.

Duty of care, fault, breach

Duty: obligation to avoid foreseeable harm; Fault/Breach: failing to meet the reasonable standard of care.

Special / general damages

Special: measurable financial losses; General: non‑quantifiable losses like pain and suffering.

Punitive - exemplary damages

Damages intended to punish and deter wrongful behavior, not to compensate.

Injunction

A court order requiring someone to do or stop doing something.

Replevin

A legal action to recover personal property wrongfully taken.

in forma pauperis

Permission to proceed in court without paying fees due to financial hardship.

Principle of Free Contract (PFC)

The idea that parties freely choose contract terms with minimal state interference.

Pareto principle (PP)

Concept that decisions should not make any party worse off; can justify intervention.

Good Faith (Organizing Principle)

A duty requiring honest, fair, and non‑misleading performance of contracts.

Bilateral / unilateral contracts

Bilateral: mutual promises; Unilateral: promise in exchange for an act.

Equity principle

Courts may intervene to ensure fairness when power imbalances or injustice exist.

Quantum meruit

A claim for reasonable payment for services when no valid contract exists.

Injunctions - mandatory

Requires a party to perform a specific action.

Injunctions - interim

Short-term order preserving status quo until a hearing.

Injunctions - interlocutory

Temporary order lasting until a full trial.

Injunctions - permanent

Final order issued at the end of a trial.

Youthfulness argument

Principle that youth offenders have reduced moral blameworthiness.

Presumptive ceiling

Maximum allowable time before a criminal trial (18–30 months) before charges may be stayed.

Summary, indictable, hybrid offences

Summary: minor; Indictable: serious; Hybrid: Crown chooses mode.

Actus reus

The physical or voluntary act that constitutes a crime.

Mens rea

The guilty mind or intent behind a criminal act.

Principle of simultaneity

Actus reus and mens rea must occur at the same time.

Factual causation

‘But for’ test—harm wouldn’t occur but for defendant’s act.

Legal causation

Whether it is fair to hold the accused morally responsible (foreseeable, direct).

Common law presumption

Assumes people foresee natural consequences of their actions.

Prima facie

Sufficient evidence to proceed to trial unless rebutted.

Direct indictment

Allows Crown to skip preliminary hearing and go straight to trial.

But for and reasonable person test

Tests for causation and foreseeability of harm.

Strict / absolute liability

Strict: act + due diligence; Absolute: act alone, no defence.

Recklessness

Knowing risk and acting despite it.

Due diligence

Taking all reasonable steps to avoid committing an offence.

Moral culpability

Degree of blameworthiness based on intent and awareness.

Administrative oppression

Unfair burden imposed by strict regulations without proper defences.

Diminished criminal intent

Reduced ability to form full mens rea, often due to youth or impairment.

Partial defences / mitigating / aggravating factors

Factors that reduce or increase sentence severity.

Recklessness / willfulness

Recklessness: indifferent to risk; Willfulness: acting intentionally.

Reasonable steps / due diligence

Efforts required to prevent harm or offence.

General and specific Intent

General: intent to do act; Specific: act + ulterior purpose.

Types of discharges

Absolute discharge and conditional discharge.

NCRMD

Not Criminally Responsible due to Mental Disorder; no conviction if incapable of understanding act or wrongfulness.