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

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'''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'''  
'''ADJOURNMENT'''  
*In court settings, postponement of an appearance date until a later, fixed, date.  
*In court settings, postponement of an appearance date until a later, fixed, date.  


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*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]].  
*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'''
Legal cause for which an action may be brought. The legal theory giving basis to a lawsuit.  
*Legal cause for which an action may be brought. The legal theory giving basis to a lawsuit.  


CIVIL LAW  
'''CIVIL LAW'''
The system of law concerned with relations between individual parties, rather than criminal affairs.  
*The system of law concerned with relations between individual parties, rather than criminal affairs.  


COMMON LAW  
'''COMMON LAW'''
Law derived from custom and judicial decisions rather than statutes.  
*Law derived from custom and judicial decisions rather than statutes.  


COMPLETE DEFENCE  
'''COMPLETE DEFENCE'''
An argument, which, if proven, will effectively end the litigation in favour of the defendant.  
*An argument, which, if proven, will effectively end the litigation in favour of the defendant.  


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 favorably 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 behavior of the plaintiff that contributes to the harm resulting from the defendant’s negligence.   


COUNTERCLAIM/COUNTERCLAIMANT  
'''COUNTERCLAIM/COUNTERCLAIMANT'''
A claim by a defendant seeking relief from the plaintiff. Generally made as a response to the same facts that make up the issue the plaintiff originally claimed for.  
*A claim by a defendant seeking relief from the plaintiff. Generally made as a response to the same facts that make up the issue the plaintiff originally claimed for.  


CROWN  
'''CROWN'''
Generally a reference to the government or state acting as a party in legal proceedings.  
*Generally a reference to the government or state acting as a party in legal proceedings.  


DEBTOR  
'''DEBTOR'''
A person judged to owe money after the resolution of a civil case.  
*A person judged to owe money after the resolution of a civil case.  


DEDUCTIBLE  
'''DEDUCTIBLE'''
In an insurance policy, the amount that must be paid out-of-pocket before an insurer will pay any expenses. Generally, a clause used by insurance companies as a threshold for policy payments.  
*In an insurance policy, the amount that must be paid out-of-pocket before an insurer will pay any expenses. Generally, a clause used by insurance companies as a threshold for policy payments.  


DEFAULT  
DEFAULT