Key Legal Terms
the standard of proof in civil cases
What is the balance of probabilities?
Saying or publishing material which causes damage to another person's reputation
What is Defamation?
fees for legal representation and disbursements are an example
What is a cost factor?
a cooperative method of resolving disputes that is widely used by court, tribunals and other bodies
What is mediation?
cases distributed according to their seriousness or complexity
What is administrative convenience?
the obligation of a party to prove a case
What is the burden of proof?
when someone has failed to do something in a legally binding agreement
What is breach of contract?
Court fees, mediation and expert witnesses
What are disbursements?
uses an independent third party to assist in resolving conflicts through negotiation and compromise
What is conciliation?
Discovery and mediation are part of this process
What is case management?
A document filed by a plaintiff in a civil case to notify the defendant of the nature of a claim
What is a statement of claim?
When someone owes a duty of care to another nad breaches that duty, resulting in loss or harm
What is negligence?
when the damages outweigh the costs involved in making the claim and being ordered to pay some of the defendants costs
What are adverse cost orders?
when a decision reached may not be enforceable or may be difficult to enforce or when one of the parties may refuse to attend
What is a weakness of mediation and conciliation?
making decisions based on liability
What is a role of the jury?
The legal responsibility of a third party for the wrongful acts of another
What is vicarious liability?
a family goes to court to claim that a will may not be valid
What are wills and inhertitance?
the rationale for this is as follows:
- the defendant doesn't have to face an action after a significant amount of time
- evidence is not lost and people can still remember what happened
What is limitation of actions?
involves a final and binding decision and sometimes used in a private setting
What is arbitration?
each party controls its own case and has complete control over decisions about how the case will be run, as long as rules of evidence and procedures are followed
What is party control?
When 7 or more people have a claim against the same person based on similar facts
What is a class action?
'I've asked you to leave my property'
What is Trespass to land?
things can prevent people people from paying or sometimes people refuse to pay
What is an enforcement issue?
an expert in the subject matter and required to act impartially when making a binding decision
What is a strength of arbitration?
a person who is represented by a competent barrister may have a better chance of winning than a person who is inexperienced
Why are legal practitioners needed?