Flashcards in civil law deck Deck (32):
a person involved in a lawsuit.
a person who brings a case against another in a court of law. (person suing) must prove they have valid reason to sue.
person being sued
the process of taking legal action.
Try to put plaintiff in same position that they were in
prior to the injury.
Balance of probabilities
the standard of proof in civil cases, demanding that the case that is the more probable should succeed.
is a person who represents another person who is under disability or otherwise unable to maintain a suit on his or her own behalf and who does not have a legal guardian.
guardian ad litem
a guardian ad litem may be appointed to investigate and stand for the child's best interests. Guardians ad litem tell the court what is best for the child in things like custody and visitation. ... They do not work for court services or child protection.
a pleading is a formal written statement of a party's claims or defenses to another party's claims in a civil action. The parties' pleadings in a case define the issues to be adjudicated in the action.
Writ of summons
an official order for someone to appear in a court of law when they have been accused of committing an offence against someone: The civil action was heard in the High Court two years after the writ of summons was issued.
enforces a right, imposes a penalty, or makes another court order to impose its will. The way a right is enforced by a court of law when injury, harm, or a wrongful act is imposed upon another individual.
a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant's formal request to the court for more detailed information.
a binding judgment in favor of either party based on some failure to take action by the other party. Most often, it is a judgment in favor of a plaintiff when the defendant has not responded to a summons or has failed to appear before a court of law. The failure to take action is the default.
statement of defence
A defendant's written answer or reply to a statement of claim, admitting or denying each and every one of the facts contained in the statement of claim and alleging such facts as the defendant wishes to assert at trial in opposition to the plaintiff's case.
make a counterclaim for something. a legal case that a person or an organization starts against someone who has brought a case against them:
Third part claim
A claim made by a defendant within existing legal proceedings seeking to enjoin a person not party to the original action, to enforce a related duty.
In law, liable means "[r]esponsible or answerable in law; legally obligated." Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability.
a claim brought by one defendant against another in the same proceeding.
examination for discovery
a pretrial proceeding in which the evidence to be presented at a civil trial is disclosed.
In common law jurisdictions, legal professional privilege protects all communications between a professional legal adviser (a solicitor, barrister or attorney) and his or her clients from being disclosed without the permission of the client. The privilege is that of the client and not that of the lawyer.
class action suit
Filed by one or more
individuals on behalf of
Enable average citizens
with common complaint
to challenge large
action that the defendant is
phrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited. For example, a lease for an apartment is legally binding, because upon signing the document, the lessor and the lessee are agreeing to a number of conditions.
A dissenting opinion (or dissent) is an opinion in a legal case in certain legal systems written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
The word “pecuniary” means “of, relating to, or consisting of money”, and pecuniary damages are losses which can be quantified in monetary terms
non pecuniary damages
Damages which are not readily quantified or valued in money, such as proposed compensation for pain and suffering.
are awarded when the
defendant’s behaviour is so
outrageous, it harms the plaintiff.
Compensate for out of pocket
expenses already spent prior to
additional damages awarded to
punish the defendant for bad,
insensitive, or uncaring
when judge wants to indicate
support for the plaintiff and
awards a small sum, such as
the performance of a contractual duty, as ordered in cases where damages would not be adequate remedy.