Ch 6 - Definitions Flashcards
(19 cards)
Civil Justice System
Set of processes/bodies used to resolve civ disp
Civ Dispute
Disagreement between 2+ individuals/groups where one makes legal claim against other
Remedy
Order made by court/trib designed to address civil wrong or breach»_space; provide legal solution for plaintiff for civ breach by defendant
Liability
Legal respons for ones acts or omissions
Civil Law
Area of law that defines the RnR of indiv/group/org in society and regulates PRIVATE disp
Pleadings
Pre-trial - documents are filed and exchanged between plaintiff and def and states claims and defences in disp
Statement of Claim
Doc filed by plaint in civ to notify defendant of nature of claim, cause and remedy sought (part of pleadings)
Defence
Document filed by defendant which sets out response to each of the claims in Plaint’s statement of claim (part of pleadings)
Discovery of Documents
Pre-trial - parties list documents relevant to disp issues»_space; copies provided to other party
Plaintiff
Party who makes legal claim against another in court
Defendant
Party alleged to have breached a civil law and is being sued by the plaintiffS
Sue
To take civil action against another claiming they infringed plaint’s legal right
Vicarious Liability
Legal respons of 3rd party for the wrongful acts of another
Burden of Proof
Obligation of party to prove a case resting with party who initiates action
Standard of Proof
Extent to which case must be proven in court
Balance of Probabilities
SoP in civil cases requires plaint to establish is more probable than not that their claim is true
Disbursements
Out of pocket expenses incurred as part of legal case (not include legal fees)
e.g. court fees, paying for expert etc.
Adverse Costs Order
Court order that a party pays the other party’s costs
Limitation of Actions
Restriction on bringing civ claim after the allowed time
