Trial Procedures
(1) an order to appear in criminal court; (2) an order to a defendant requesting him or her to appear for trial to defend a plaintiff’s claim
What is a summons?
damages awarded for such intangibles as loss of enjoyment of life, pain and suffering
What are non-pecuniary losses?
(1) the party being sued in a civil action; (2) the party being charged in a criminal offence
Who is the defendant?
an informal and voluntary civil dispute resolution process between the parties involved without the involvement of a third party
What is negotiation?
“My financial advisor argues that I should save at least 20% of my income for retirement. However, I happen to know that he cheated on his wife. Clearly, his advice is worthless.”
What is ad hominem?
the degree of proof in a civil action
What is balance of probabilities?
Stoley assaulted a guest at the hotel he works at so the judge awarded the plaintiff this type of damages to punish Stoley
What are exemplary or punitive damages?
the party suing in a civil action
Who is a plaintiff?
attempt by a third person to get two opposing parties to come to an agreement
What is mediation?
Charlie: "We should put 'Happy Holidays' on our merchandise because it's more inclusive than 'Merry Christmas.'"
David: "I can't believe Christmas is offensive to you now!!"
What is a strawman?
a civil pre-trial process to disclose civil evidence and relevant documents and to reach agreement on certain issues to be presented at trial
What is examination of discovery?
money awarded to a plaintiff for specific out-of-pocket expenses
What are special damages?
the parties involved in a civil action; the plaintiff and the defendant
Who are the litigants?
a process for resolving disputes between persons through a third party whose decision is final and binding
What is arbitration?
“A study rewarded certain kindergarteners for their good behavior with 10 minutes extra playtime at recess. Some teachers objected, feeling that schools have a moral obligation to give students as much educational time as possible while they are at school. Still, at the end of the school year, the results of the study showed that the children selected for the extra playtime far outperformed the other students in their ability to read. Therefore, if we want to enhance our students’ ability to read, we should reward them with extra playtime.”
What is a false cause?
a defendant's claim in a civil action in response to the plaintiff’s related claim; action between two opposing parties
What is a counterclaim?
a small sum of money awarded to a plaintiff who has won a civil action but has not suffered substantial harm or loss; money awarded for a moral victory
What are nominal damages?
Tara was injured in an car accident. She wants to sue the person that hit her, but she is only 16 so she needs an adult to represent her
Who is a next friend?
This type of decision holds the same weight as a court order by a judge and is difficult to appeal
What is a binding decision?
Mayor: A citizens' group has petitioned city council to cancel the annual downtown fireworks display, claiming the event's smoke worsens local residents' respiratory problems. But we can safely ignore that complaint. Nearly all the signatures were collected by owners of suburban amusement parks who want people to spend the holiday at their facilities instead of coming downtown.
What is an ad hominem?
The reason why non-pecuniary loss has a limit of $100,000. (Explain)
intangible loss is hard to define, so they standardized the amount you can win to keep it with in reasonable limits and equal
The reason Gary Bowser's wages were garnished
What is piracy and copyright infringement?
The organization that may handle arbitration in Canada.
What is the Canada Industrial Relations Board (CIRB)
The person/group that ordered arbitration between Air Canada and CUPE
Who is the Job Minister Hajdu/the Federal Government?
The number of calories in a gram of refined cane sugar is the same as in an equal amount of fructose, the natural sugar found in fruits and vegtables. Therefore, a piece of candy made with a given amount of refined cane sugar is no higher in calories than a piece of fruit that contains an equal amount of fructose.
What is a false dichotomy?
(overlooks the possibility that sugar might not be the only calorie-containing ingredient in candy or fruit)