3.10.82 GLOSSARY

actus reas - proof that a criminal defendant did all the things leading to a crime.

appellant - a party that is appealing a criminal or civil decision in a lower court.

caveat emptor - buyer beware.

consideration - something of value which must be given by the offerer to make a contract valid.

creatures of statute - created by a statute (e.g. PEO act) and able to exercise powers defined in statute.

creditor - is owed money by a debtor.

cross-examination - examining the other parties witness.

debtor - owes money to a creditor.

defendant - in criminal court, the defendant has been accused of a criminal act. In civil cases the defendant has been accused of wrong doing causing "injury".

examination in chief - examining your own client.

expert evidence - a witness cannot give an opinion but an expert witness can.

Force Majeure - a force that interrupts the normal conduct of business, and as a result is a cause for delay, such as floods, wars, etc. There are typically clauses in contracts to cover these cases.

general damages - pain and suffering from the result of negligence.

guarantee - A promise of performance if all other avenues fail. For example if an insurance firm guarantees bill payment by a company, and the company fails to pay, the company must be pursued before the insurance company.

indemnity - A promise of performance. Consider the example of the insurance firm (see guarantee) that indemnified the debts of a company. If the company fails to pay their debts, the insurance firm can be approached without pursuing the company first.

leading questions - these questions are allowed during cross-examination only.

litigation - a civil lawsuit.

mens reas - a guilty mind.

non est factum - it is not his deed. This is a plea whereby a defendant either alleges that he did not execute the deed in question, or that he was laboring under a mistake as to its nature, when he executed the same.

onus of proof - in criminal court the prosecution is obliged to show through a balance of probabilities that the weight of evidence is against the defendant.

options contract - keeps a contract open for extension.

plaintiff - those that have made charges or brought a lawsuit. In the criminal courts this is often the crown, in the civil courts this is the injured party.

privity of contract - the legal relationship between two or more parties in a contract.

propriety of contract - this describes the legal relationship between parties in a contract.

resipsa loquitur - self evident.

respondent - a party that is arguing that a decision of a lower court be upheld. They oppose and appeal.

special damages - lost income, special care, equipment and other loses resulting from negligence.

stare decisis - a binding decision.

statute - these over-rule all levels of common law in all courts.

ultra-vires -

victim impact statements - these statements about the personal effects of crime can have an impact on the sentencing of a criminal.