Chapter 6&7 key terms and definitions Flashcards
(19 cards)
Sue - definition
to take civil action against someone, claiming they infringed a legal right of the plaintiff or did something legally wrong that negatively affected the plaintiff.
plaintiff - definition
the party who makes a legal claim against another person (the defendant) in court.
defendant - definition
the party who is alleged to have breached a civil law and is being sued by the plaintiff
damages - definition
an amount of money that the court orders one party to pay to another party, the most common remedy in a civil claim
self-represented party - definition
a person with a matter before a court or tribunal who has not engaged and is not represented by a lawyer or other professional
mediation - definition
a method of dispute resolution using an independent third party to help the disputing parties reach a resolution
cross-examination - definition
the questioning of a witness called by the other side in a legal case
re-examination - definition
a second round of questioning by one party of its own witness, after the witness has been cross-examined by the other side
examination-in-chief - definition
the questioning of ones own witness in court in order to prove ones own case and disprove the opponents case
counterclaim - definition
a separate claim made by the defendant in response to the plaintiffs claim
representative proceeding - definition
a legal proceeding in which a group of people who have a claim based on similar or related facts brings that claim to court in the name of one person
terms of settlement - definition
a document that sets out the terms on which the parties agree to resolve their dispute
court services victoria (CSV) - definition
an independent body that provides services and facilities to victorias courts and the victorian civil and administrative tribunal
exclusive jurisdiction - definition
the lawful authority or power of a court, tribunal or or other dispute resolution body to decide legal cases to the exclusion of all others
review jurisdiction - definition
the power of a body to consider a decision made by an agency or authority in order to either confirm, change or set aside that decision
pleadings - definition
a pre-trial procedure during which documents are filed and exchanged between the plaintiff and the defendant and which state the claims and the defenses in the dispute
discovery of documents - definition
a pre-trial procedure which requires the parties to list all documents they have that are relevant to the case. copies of the documents are normally provided to the other party involved.
lay evidence - definition
evidence given by a lay person about the facts in the dispute
lay person is unrelated to the case.
hearsay evidence - definition
evidence given by a person who did not personally witness the thing that is being stated to the court as true
