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