Contract and Tort Law Definition Chapter #1

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Contract and Tort Law Definition Chapter #1
2014-02-26 13:45:35
Definiton chapter
C&T Def Chap #1
Contract and Tort Law Definition Chapter #1
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  1. accretion
    slow accumulation over time
  2. civil law
    individuals’ responsibility for pursuing remedies for harms between them
  3. civil procedure
    established steps, rules, and procedures used to administer civil (non-criminal) justice
  4. codified
    written down and organized into topics
  5. common law
    a type of law developed in England, based on previous judicial decisions and common to all the people of a country
  6. constitution
    written and unwritten laws that set out how a country will be governed
  7. contract
    an agreement between private parties or between a private party and the state
  8. conventions
    ways of doing something that have been accepted for so long that they amount to unwritten rules
  9. crime
    an act or omission that is an offence under criminal law
  10. Crown
    the police and the government
  11. defendant
    in civil law, the party being sued; in criminal law, the party charged with the offence
  12. distress
    a traditional remedy under which a person in possession of the goods of another can seize and/ or sell those goods as compensation for a wrong
  13. duty of care
    1. the legal obligation to exercise care in favour of a plaintiff and his or her interests 2. a legal obligation imposed on an individual to take reasonable care to avoid causing harm to another who might reasonably be affected and who ought to be in the individual’s contemplation
  14. fraud
    1. intentional misrepresentation that causes another to suffer damages; also called deceit 2. false or misleading allegations for the purpose of inducing another to part with something valuable or to give up some legal right 3. a tort and/or crime based on deception for the purpose of profit
  15. freedom of contract
    the freedom of parties to decide contract terms of their own choosing
  16. intent
    he mental state (conscious action, malice, carelessness, etc.) at the time of the act of the person who committed the act
  17. jury
    a group of 12 (in criminal cases) or 6 (in civil cases) citizens over the age of majority who are convened to hear evidence, make findings of fact, and deliver a verdict in a trial
  18. legal codes
    normal (usually written) collections of legal provisions
  19. mens rea
    (Latin) “guilty mind”; the blameworthy mental element in a criminal offence
  20. negligence
    1. an act committed without intention to cause harm, but which a reasonable person would anticipate might cause harm 2. a tort based on careless conduct or conduct that creates a reasonably foreseeable risk of harm
  21. plaintiff
    an civil law, the party bringing the suit
  22. precedent
    a legal decision that is taken as a guide in subsequent cases; an essential doctrine of common law that requires judges to follow the rule in a previously decided case when that case deals with similar facts or issues to the case currently being decided and that case was decided by a higher court in the same jurisdiction or by the Supreme Court of Canada
  23. self-help remedy
    a remedy exercised by a wronged party without recourse to a formal system of justice
  24. stare decisis
    (Latin) “to stand by the decision”; judges’ practice of looking to precedent for guidance in deciding later cases
  25. statement of claim
    document prepared and filed by a plaintiff in a lawsuit that initiates the court action
  26. statute law
    laws passed by legislatures
  27. substantive criminal law
    also called “offences,” the crimes themselves
  28. tort
    a wrong between private parties or between a party and the state
  29. tortious
    actionable in tort
  30. trier of fact
    the judge or jury in a trial
  31. unconstitutiona
    an contravention of a constitution

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