Civil Law

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53 Terms

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Allurement

something that is enticing to children

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Causation

when the defendant’s action was a direct factor that led to the plantiff’’s damages

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reasonable person

the standard used to determine if a person’s conduct is begligent

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trespass

Prescence on another’s property without consent or legal right

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contributory negligence

when the victim’s actions caused all or part of the damages suffered

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voluntary assumption of risk

the acceptance of factors that may lead to harm or injury

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counterclaim

the defendant’s suit against the plaintiff for damages or other relief

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defamation

injury to a person’s character or reputation

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duty of care

a specific legal obligation to not harm other people or their property

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negligence

a careless acct that causes harm to another

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occupier

someone who supervises and controls a property

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special damages

compensation for out of pocket expenses

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annulment

a court order to set aside a marriage

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divorce

the legal ending of a marriage

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separation

a partial dissolution of marriage in which the spouses live separate with the intention to end a marriage

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claim

demand for something one believes they are entitled to

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Conference

a meeting, typically involving parties involved in a legal case

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consummate

to validate a marriage by having sexual intercourse

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custody

the care and control of a child awarded by the court

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default judgement

judgement for the plaintiff as a result of the defendant’s failure to respond to the plaintiff’s claim within the time allowed

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examination for discovery

a pre-trial process to learn the other side’s evidence

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pecuniary damages

a form of general damages for losses that can be reasonably calculated

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slander

defamation through verbal communications

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standard of care

the level of care expected of a person in specific circumstances

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waiver

a document that releases the party from liability in the event of accident or injury

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battery

intentional physical contact that is harmful or offensive to another person

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nominal damages

compensation awarded as a moral victory to a plaintiff who has not sustained any actual losses

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classaction

type of lawsuit where one or more individuals sue on behalf of a larger group of people who have suffered similar harm from the same defendant

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plaintiff

the party who initiates a lawsuit, claiming to have suffered harm or a legal wrong.

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defendant

he party against whom the lawsuit is brought, meaning they are accused of causing the harm or violating the law. 

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damages

money awarded to a plaintiff for harm or injury suffered

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garnishment

a court order that money owed by a defendant to a plaintiff be paid out of the defendant’s bank account or wages

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nuisance

an reasonable use of land that interferes with the rights of others

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social host

hosts that hold events where alcohol is served but receive no financial benefit

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tort

a civil wrong or injury

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small claims court

the court to resolve civil claims of $35000 or less

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balance of probabilities

the standard of proof in a civil case meaning more probably than not

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litigation

legal action to settle a civil dispute

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litigant

one of the parties involved in a civil action

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statement of claim

the legal document in a civil action outlining the plaintiff case

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general damages

court ordered compensation for proven losses in a civil action

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non-pecuniary damages

a form of general damages for losses that do no involve an actual loss of money and are difficult to determine

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punitive damages

compensation to punish the defendant for malicious behavior

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aggravated damages

compensation awarded for humiliation and mental distress

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nominal damages

compensation awarded as a moral victory to a plaintiff who has not sustained any actual losses

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injunctions

a court order directing a person to do or not to do something for a specific time period

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vicarious liability

in certain relationships, when a person is held responsible for another’s tort

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essential requirements for marriage

mental capacity, genuine consent, minimum age, close relationships, unmarried status

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mental capacity

a person lacking because of illness, drugs, or alcohol can not legally marry. both parties must understand the nature of their marriage

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genuine consent

person can not be forced under duress or if there a mistake about the marriage ceremony

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minimum age

both parties have to be old enough, all provinces and territories have legislation requiring higher minimum age for marriage and parental consent for a child under a certain age

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close relationships

can not marry someone closely related to you by blood or adoption

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unmarried status

both parties must be unmarried at the time of their marriage or else it is bigamy, a criminal offence. Polygamy is against the law