Chapter 7 Definitions Flashcards
(17 cards)
Define balance of probabilities
The standard of proof in civil disputes. Requiring the plaintiff establish that it is more probable that their claim is true
Define burden of proof
The obligation of a party to prove a case. This rests with the party who initiates the action Plaintiff
Define civil dispute
A disagreement between two or more individuals in which one of the individuals makes a legal claim against the other
Define civil justice system
A set of processes, bodies and institutions used to resolve civil disputes
Define civil law
An area of law that defines the rights and responsibilities of individuals, groups and organisations in society and regulates private disputes
Define class action
A legal proceeding where a group of 7 or more people have a claim against the same person based on similar or related facts bring the claim to court in the name of one person
Define damages
An amount of money that one party is ordered to pay another party for loss or harm suffered
Define defendant
A party who is alleged to have breached a civil law and who is being sued by a plaintiff
Define liability
Legal responsibility for one’s acts
Define limitation of actions
The restriction on brining a civil law claim after the allowed time
Define plaintiff
The party who makes a legal claim against the defendant in court
Define remedy
Any order made by a court or tribunal designed to address a civil wrong or breach.
Define standard of proof
The degree or extent to which a case must be proved in court
Define statement of claim
A document filed by the plaintiff in a civil case to notify the defendant of the nature of the claim, the cause of the claim and the remedy sought
Define sue
Taking civil action against another person claiming they infringed some legal right of the plaintiff
Define tribunal
A dispute resolution body that resolves civil disputes and is intended to be less costly, more information and a faster way to resolve disputes than courts
Define vicarious liability
The legal responsibility of a third party for the wrongful acts of another. (Employers liability for what their employees do)
