The flashcards below were created by user
CaptainSeb
on FreezingBlue Flashcards.
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action:
a proceeding brought in a court
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allegation
an assertion made in a pleading by a party to an action, setting out what she hopes to prove
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balance of convenience
a common-law test; a court applying this test will balance the prejudice to one party of denying the relief asked for, against the prejudice to the opposing party if the relief is granted
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claimant
another word for plaintiff; a claimant is anyone who commences a claim
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costs:
the expenses connected with a legal proceeding; costs include a party’s legal fees, plus disbursements, or out-of-pocket expenses, including court filing fees
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defendant
the party who defends a civil action
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disbursements
the out-of-pocket expenses of a legal proceeding; these include court filing fees, charges for service of documents, photocopying charges, postage
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frequent claimant
anyone who files 10 or more claims in a Small Claims Court office on or after January 1 in any calendar year
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hearsay rule
a witness is not allowed to repeat in court what they were told by a third party, if the reason for putting the evidence in is to prove the truth of the contents of the third-party statement
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infrequent claimant
anyone who files fewer than 10 Small Claims Court claims in a Small Claims Court office on or after January 1 in any calendar year
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nstallment(orpartial)payments
a partial payment of a sum of money owing at regular intervals over a period of time until the amount owing is paid in full
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jurisdiction:
a court’s area of legal authority; in Ontario, jurisdiction is established by the Courts of Justice Act and by the common law
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justice:
a justice is the same thing as a judge; “justice,” “judge,” and “court” are often used interchangeably in reported decisions
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lawyer
a person who has been called to the Bar of Ontario and who is licensed to practise law in Ontario
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legal fees:
fees charged by a lawyer or paralegal for legal representation and advic
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liberal construction:
means that, when applying the Rules, the court goes beyond the exact meaning of the language in order to implement the principles behind the Rules
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liberally construed:
interpreting the Rules without undue emphasis on strict compliance with all procedural requirements and technicalities, with a view to bringing about a resolution that is just and fair to all parties within a reasonable time
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litigant
a party to a civil action; someone engaged in civil litigation
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lump-sum payment
a one-time payment of the full amount owing or a portion thereof
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monetary jurisdiction:
the amount of money that the court may order one party to pay another, not including interest and costs
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notice:
service of documents on other parties to make them aware of an intended procedural step or other matter
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notice period
the minimum period of time for serving documents on other parties before a procedural step takes place
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paralegal:
a non-lawyer who is not an articling student and who is licensed to provide legal services in permitted areas of practice to clients for a fee in the province of Ontario
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party
a person who commences or defends an action or proceeding
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plaintiff
the party who commences a civil action
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question of fact:
a factual dispute; in jury trials, questions of fact are determined by the jury; in non-jury trials, questions of fact are determined by the trial judge
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question of law:
an issue that requires the application or interpretation of a law or legal principle; in both jury and non-jury trials, questions of law are determined by judges
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strict construction
means that the language of a rule is read and applied using its exact, technical meaning; also known as “narrow construction
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candid
forthright and sincere, able to look at both sides of an issue without bias
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casual client
a client who consults you regarding a legal issue, but then decides not to proceed, or not to hire you to act as his legal representative
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client
a person who consults with you and hires you to represent her in a matter or a number of matters
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client identification:
information obtained from the client regarding who the client is and what the client does
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client matter number:
a unique number assigned by the paralegal firm (or the file management software) to a particular client matter in order to identify that matter for filing, docketing, and billing purposes
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client verification
obtaining documentary or other confirmation that the client is who he says he is
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competent paralegal:
a paralegal who has and applies the relevant skills, attributes, and values appropriate to each matter undertaken on behalf of a client
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conflict of interest:
Any circumstance that may negatively affect a paralegal’s ability to adequately represent the client’s best interests
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dispute
an argument or disagreement between two or more sides in which the interest of one side is in direct opposition to the interest of another side
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due diligence
exercising the prudence and vigilance that a reasonable and prudent paralegal would exercise in similar circumstances
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engagement letter
confirms the terms of the paralegal – client retainer, but is not signed back by the client
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express consent:
also known as explicit consent; written authorization from your client to disclose particular information to specified third parties
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fiduciary:
a person who is required to act with scrupulous good faith, honesty, and integrity for the benefit of another person
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fiduciary relationship
a relationship of absolute trust and confidence between two persons, in which one person (the fiduciary) is required to act with scrupulous good faith, honesty and integrity for the benefit of another person (the beneficiary)—in the paralegal – client relationship, the paralegal is the fiduciary and the client is the beneficiary
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final reporting letter
sent to the client at the conclusion of the client matter, along with the final invoice for fees and disbursements incurred since the last interim invoice—provides a summary of the client matter, steps taken, and results achieved
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funds
cash, currency, securities, negotiable instruments, or other financial instruments
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general account
a bank account used to pay for ongoing business expenses, such as salaries, rent, client disbursements that have not been billed, etc .
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implied consent
unwritten consent to disclose confidential information because it is required by the professional relationship (e .g ., disclosure to employees) or because the matter requires it (e .g ., disclosure in pleadings and other documents filed with the court)
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informed consent
consent based on information that is sufficient to allow the client to assess the situation and make an informed decision
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interim invoice
a bill delivered to the client before the client matter is concluded—usually sent with an interim reporting letter
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interim reporting letter
a letter sent to the client before the client matter is concluded, usually with an interim invoice—reports the steps taken in the client matter to that point, the results obtained, and the likely next steps
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mixed trust account
a trust bank account into which money from many different clients will be deposited and held in trust, until such time as invoices are rendered on their files or you are directed by the client to pay out the money to whom the money belongs
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money retainer:
money paid to you by the client on account of future legal services and/or disbursements to be incurred; it is a deposit to secure your legal services
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negotiable instrument
an unconditional order or promise to pay an amount of money, which can be transferred—for example, cheques or banknotes (paper money)
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non-engagement letter:
a letter confirming that the paralegal has declined to accept the retainer, or that the client has declined to retain the paralegal
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paralegal–client retainer
the terms of the contractual arrangement between the paralegal and the client including but not limited to the scope of the legal services to be provided, fees, billing practices, and the amount of the money retainer
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private corporation
a corporation whose shares are not publicly traded—its incorporating documents (1) restrict the right to sell shares, (2) limit the number of its shareholders (excluding employees) to 50, and (3) prohibit public trading of its shares or securities; also called a closely held corporation
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prospective client
a person who consults you about a legal issue but has not yet retained you
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public company
a corporation whose shares are for sale to the general public—public companies are subject to rigorous disclosure requirements under securities legislation
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retainer agreement:
a letter confirming services to be rendered, your fee or hourly rate, any additional charges (disbursements, etc .), and any other terms of the paralegal – client relationship; more detailed than a retainer letter, and it must be signed back to you by the client
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action splitting
dividing an action into two or more actions in order to bring it within the Small Claims Court monetary jurisdiction
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aggravated damages
damages intended to compensate the plaintiff for harm or distress suffered as a result of egregious bad faith on the part of the defendant
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authorized requester:
a person who has applied to and has been approved by the ministry for that designation, and is registered as an authorized requester with the ministry
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candid
forthright and sincere, able to look at both sides of an issue without bias
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cause of action
the factual and legal grounds for seeking a remedy from a court
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chattel mortgage
a loan that is secured against personal property; in Ontario, such security interests are registered under the Personal Property Security Act
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chattel mortgagee
one who holds a loan secured against personal property or chattels
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corporation
a separate legal entity from its owners—the shareholders
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disbursements
the out-of-pocket expenses of a legal proceeding; these include court filing fees, charges for service of documents, photocopying charges, postage, etc .
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discretionary:
where an action is discretionary, the court may make up its own mind about a particular matter, giving due regard to all relevant factors
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equitable relief
remedies other than money damages; for example, an order compelling a person to do something (specific performance) or to stop doing something (injunction)
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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
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inherent jurisdiction
judicial powers that are essential for the administration of justice
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Intellectual property
intangible property with value— for example, copyright, patents, trademarks
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judgment creditor:
a person who has obtained judgment against a person and is seeking to enforce the judgment (p. 79)
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judgment debtor
any person who owes money to another person pursuant to a court order
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judgment-proof:
having no income or assets against which a judgment may be enforced
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liquidated claim
claim for a debt or fixed amount of money that does not require valuation by a court
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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
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mandatory:
where an action is mandatory, the court must do something if certain preconditions exist; the court has no choice
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non-pecuniary damages
damages awarded for types of harm that are real and serious, but difficult to assign a money value to
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partnership:
an unincorporated business that is formed by two or more persons with the objective of making a profit
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pecuniary damages
damages awarded for losses that can be estimated in money terms
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personal property
property that has value, and is tangible and movable
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punitive damages:
preventive, not compensatory, these damages are intended to discourage the repetition of undesirable conduct
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quantifying damages:
calculating damages—that is, determining all of the different kinds of damage or injury that a party has suffered because of another’s wrongdoing, and assigning money values to the different kinds of damage, based on the evidence
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quantum meruit
an equitable doctrine that allows the court to imply a contract in certain circumstances and order payment for services provided pursuant to the implied contract (
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quash
to declare something null and void, and of no legal force and effect
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real property:
property that has value, and is tangible and immovable
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running account:
an account where a regular customer charges purchases against a standard account number on an ongoing basis; the defendant makes payments against the account from time to time (usually on a monthly basis)
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sole proprietorship
an unincorporated business owned and run by one individual
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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; also referred to as liquidated damages
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statute-barred:
to be prevented by the terms of a statute from commencing an action to assert your legal rights (p. 83)
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unliquidated damages
see general damages (p. 86)
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venue:
the place where a trial is held (p. 94)
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waiving the excess:
in a plaintiff’s claim or defendant’s claim, giving up the right to claim any money owing above $10,000 .00 (exclusive of interest and costs), in order to bring the matter within Small Claims Court monetary jurisdiction (p. 90)
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