Small Claims 4 5 6

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Author:
CaptainSeb
ID:
288789
Filename:
Small Claims 4 5 6
Updated:
2014-11-13 10:42:50
Tags:
Defenition
Folders:
Definiton
Description:
Definition Chapter #4,5,6
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  1. affidavit:
    a written statement of facts that is confirmed under oath or by affirmation by the person making the affidavit
  2. alternative to personal service
    alternative method of delivery of a legal document to another party in a proceeding; may be used when the party being served has a lawyer with instructions to accept service of documents or when personal service has been attempted and has failed
  3. amend:
    to change or correct a pleading, with the object of improving it or making it more complete
  4. attorney:
    person authorized to act pursuant to a power of attorney
  5. binding authority
    a judicial decision by a higher court that must be followed by lower courts (also known as binding precedent)
  6. causation
    for damages to be awarded to the plaintiff, the evidence must establish that the harm or loss suffered by the plaintiff resulted from the defendant’s actions or negligence
  7. cause of action
    the factual and legal grounds for seeking a remedy from a court
  8. committee:
    a person appointed by the court to manage the property of an absentee
  9. date of default
    the date the cause of action arose
  10. deponent
    the person who makes an affidavit
  11. effect service:
    carry out or perform valid service of a document
  12. frivolous and vexatious objection:
    an objection that has no legal merit and is made to annoy, harass, or embarrass the other side
  13. general damages:
    damages for pain and suffering caused by injury or harm, and for future losses and expenses, such as future care costs and loss of future income; general damages cannot be quantified precisely, but they must be itemized and explained to the extent that it is possible to do so; also referred to as unliquidated damages
  14. joint and several liability
    form of liability where each partner is liable for any amount up to the full amount of any judgment obtained against the partnership
  15. judicial notice
    matters of common knowledge (also referred to as “notorious facts”) that a judge may accept as true without hearing evidence and without inquiry— lesser known facts (for example, matters that can be checked in a standard reference work and are not easily disputed) may be judicially noticed after inquiry
  16. liquidated claim
    claim for a debt or fixed amount of money that does not require valuation by a court
  17. liquidated damages
    a specific amount of money that may be established by unpaid invoices, NSF cheques, or other documentation proving a debt or fixed amount; also called special damages
  18. litigation guardian
    a competent person who undertakes to direct a legal proceeding on behalf of a person under disability
  19. merits of the case
    the legal principles upon which a party’s assertion of rights is based
  20. non-pecuniary damages
    damages awarded for types of harm that are real and serious, but difficult to assign a money value to
  21. objection
    an argument by a party that a particular piece of evidence, line of questioning, or other matter is improper or illegal and should not be allowed by the court
  22. order for substituted service
    a court order permitting the plaintiff to serve the claim in a manner that is not set out in the Rules
  23. partnership
    an unincorporated business that is formed by two or more persons with the objective of making a profit
  24. partnership agreement:
    a contract that allocates liability among the partners, and specifies other terms and conditions of the partnership; binding only on the parties to the agreement
  25. party under disability
    in Small Claims Court, a person or party who is (a) a minor, (b) mentally incapable within the meaning s . 6 or 45 of the Substitute Decisions Act, 1992, or (c) an absentee within the meaning of the Absentees Act
  26. payment in to court
    money paid to the accountant of the Superior Court of Justice pursuant to a court order, to be paid out to creditors or other parties in accordance with a court order
  27. payment out of court
    when money paid into court is paid out by the accountant of the Superior Court of Justice, in accordance with a court order
  28. pecuniary damages
    damages awarded for losses that can be estimated in money terms
  29. personal service
    personal delivery of a copy of a document (e .g ., an issued plaintiff’s claim) to another party in accordance with the procedures set out in Rule 8 .02; the requirements for personal service vary, depending upon who the other party is (e .g ., an individual, a corporation, a municipality, etc .)
  30. plaintiff’s claim
    the document that sets out the names of the parties and their addresses for service, the amount of the claim, any other relief being sought, and the allegations of fact in support of the claim
  31. pleadings
    the documents filed at the commencement of a proceeding, in which the parties plead, or state, the allegations of fact on which they rely in support of their case; in a Small Claims Court proceeding, the pleadings are the plaintiff’s claim, the defence, the defendant’s claim, and the defence to the defendant’s claim, if any (p. 136)
  32. post-judgment interest
    interest that accrues on the judgment amount, including costs, or on any outstanding balances, until such time as any balance owing has been paid in full
  33. power of attorney:
    a document authorizing an individual to act on another person’s behalf in a legal or business matter
  34. prayer or claim for relief
    the first paragraph in a claim, setting out in separate subparagraphs particulars of the damages, interest, and other relief that the plaintiff thinks she is entitled to
  35. precedent document
    a legal document that is used as a template or guide for drafting subsequent documents with a similar purpose
  36. pre-judgment interest
    interest that accrues on the amount determined to be owing commencing with the date of default and ending with the date of judgment
  37. promissory note:
    a promise to pay that is signed and dated by the debtor; it should contain the following terms: the names of the payor and the debtor, the amount advanced to the debtor, and the date on which it was advanced, and the terms of the loan, including payment terms, interest rates, penalties on default, if any, etc .
  38. remedy:
    a method of enforcing a right, or preventing or compensating for a wrong (
  39. service:
    delivery of a legal document to another party in a proceeding
  40. set aside
    to declare a court order or procedural step to be of no force and effect
  41. sole proprietorship
    an unincorporated business owned and run by one individua
  42. special damages
    damages that compensate the plaintiff for all losses, including out-of-pocket expenses connected with the injury or harm, up to the date of the trial; can usually be calculated fairly precisely
  43. substituted service
    an order permitting the plaintiff to serve the claim in a manner that is not strictly in accordance with the Rules
  44. unliquidated claim
    claim for an indefinite amount that must be valued by the court based on the evidence
  45. unliquidated damages
    an amount that is not fixed and specified, which must be determined by the court based on the evidence
  46. Chapter #5
    AHAHAHAH
  47. assessment of damages
    a determination of the money damages owed to the plaintiff by the defaulting defendant(s); may be done by a motion in writing or by an assessment hearing
  48. defendant’s claim
    a claim by a defendant against any party named in the plaintiff’s claim, including the plaintiff or a co-defendant, or against a third party not named in the plaintiff’s claim
  49. deponent
    the person who makes an affidavit
  50. effect service
    carry out or perform valid service of a document
  51. leave of the court
    permission from the court, by way of a court order, to do something; usually obtained on motion by a party
  52. motion:
    an application to a court or a judge for the purpose of obtaining an order directing that some kind of relief be granted to the party making the motion (
  53. moving party
    the party in a proceeding who makes a motion
  54. per diem
    per day
  55. per diem interest
    the amount of interest that accrues per day on money owed
  56. post-judgment interest:
    interest that accrues on the judgment amount, including costs, or on any outstanding balances, until such time as any balance owing has been paid in full
  57. pre-judgmenti nterest:
    interest that accrues on the amount determined to be owing commencing with the date of default and ending with the date of judgment
  58. responding party
    a party who answers or responds to a motion made by another party
  59. such terms as are just:
    the court looks at the conduct of the parties, the legal issues, and the potential prejudice to the parties as a result of a particular court order, and imposes conditions and/or awards costs accordingly
  60. Chapter #6
    AHAHAH
  61. admission
    a voluntary acknowledgement by a party that an allegation of fact made by another party is true—in other words, that the allegation is not in dispute
  62. affirmative defences:
    a defendant’s legal grounds for disputing the plaintiff’s claim
  63. contribution and indemnity:
    the transferring of responsibility for loss or damage from one party to another, and the corresponding obligation of the party to whom responsibility has been transferred to make good on any losses suffered by the transferor
  64. counter claim:
    a claim by a defendant back over against the plaintiff
  65. cross claim
    a claim by a defendant over against a co- defendant
  66. denial
    an assertion by a party that an allegation of fact made by another party is not true—in other words, that the allegation is disputed
  67. enforcement document
    a document issued by the clerk at the request of a creditor in an affidavit for enforcement request—e .g ., a notice of garnishment, a writ of seizure and sale of land, and so on
  68. quantum meruit:
    n equitable doctrine that allows the court to imply a contract in certain circumstances and order payment for services provided pursuant to the implied contract
  69. referee
    a non-judge who is authorized by the Rules to preside at terms of payment hearings
  70. theory of the defence
    the defendant’s grounds for disputing the plaintiff’s claim
  71. third party
    person who is not a party to an agreement or transaction, but who may have rights or obligations with respect to the agreement or transaction, or whose presence is necessary to enable the court to adjudicate effectively on the issues in the proceeding
  72. third-party claim:
    a claim by a defendant against a person not named in the plaintiff’s claim

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