Civil Litigation Vocabulary Flashcards
(132 cards)
1
Q
Absentee
A
Person whose rights or interests are being determined in a proceeding and whose whereabouts are unknown.
2
Q
Action
A
One of the two procedures by which a civil matter is commenced in the Superior Court; the other such procedure is an application.
3
Q
Active Data
A
Data currently in use in the database.
4
Q
Advisement
A
“Taking it under advisement” means to not answer the question now, but to think about whether you will answer the question later.
5
Q
Affiant
A
Person who swears an affidavit.
6
Q
Affidavit
A
Written statement setting out the evidence of the person who swears or affirms its content are true.
7
Q
Alternative Dispute Resolution
A
Term used to describe various ways of settling disputes without going to court, including arbitration, mediation, and conciliation.
8
Q
Appeal as of Right
A
Appeal that a party has a legal right to bring and for which leave to appeal is not required.
9
Q
Appellant
A
Party that commences an appeal.
10
Q
Appellate Court
A
The Court of Appeal or Divisional Court.
11
Q
Application
A
One of the two procedures by which a civil matter is commenced in the Superior Court; the other such procedure is an action.
12
Q
Archival Data
A
Older versions of data that have been stored or archived on a database system.
13
Q
Assessment of Costs
A
A costs order made by a judge where the actual amount of costs is determined at a separate hearing by an assessment officer.
14
Q
Assignee
A
Person to whom rights, usually contract benefits, are granted by an assignor.
15
Q
Assignor
A
Person who grants contract rights to an assignee.
16
Q
Attendance Money
A
Formerly called conduct money, composed of the per diem witness fee and amount for transportation and lodging in accordance with tariff A.
17
Q
Backsheet
A
Part of every court document, it contains the name, LSUC number, address, and telephone and fax numbers of the lawyer who prepared the document, the short title of proceedings, the court and court file number, the fax number of the person to be served (if known), and a large space reserved for court officials to make entries on.
18
Q
Bill of Costs
A
List of allowable fees and disbursements that is used by an assessment officer to assess a litigants costs after the litigant is successful in obtaining judgement; differs from an account because it does not include all fees charged to the client.
19
Q
Boilerplate
A
Standard wording that is part of every copy of a particular type of document.
20
Q
Carriage
A
Responsibility for a file or a case.
21
Q
Case Conference
A
Conference managed by the case management judge or master, who controls timetables and settles all procedural matters.
22
Q
Case Management Judge or Master
A
Court official assigned to each case-managed case to ensure court control over the case on its way to trial.
23
Q
Cause of Action
A
Legal rights to sue to obtain a legal remedy.
24
Q
Children’s Lawyer
A
Official of the Ontario Ministry of the Attorney General whose office oversees the rights of some minors in civil litigation and custody disputes.
25
Chose in Action
Intangible personal property whose value lies in what it represents.
26
Class Proceedings Fund
Public fund of the Law Foundation of Ontario, administered by the Law Society of Upper Canada, to provide funding for the costs of class actions that otherwise might be beyond the financial reach of the parties.
27
Co-Defendant
One defendant in a multi-defendant proceeding.
28
Common Law
Law that is made by judges following precedents set by higher courts; often called "case law".
29
Compendium
Summary of material to be referred to at a hearing, designed for easy access by the judge.
30
Contingency Fee
Fee payable to a lawyer only if he or she wins the case fo a client.
31
Contracting State
Country that is a signatory to a contract or convention.
32
Counterclaim
Claim made by the defendant in the main action against the plaintiff or against the plaintif and other persons.
33
Court of First Instance
Court that made a decision that is under appeal.
34
Cross-Examination
Series of questions asked of a witness by a lawyer for a party adverse in interest to the party that called the witness.
35
Crossclaim
Claim brought by one defendant whom the plaintiff is suing against another defendant whom the plaintiff is suing.
36
Crossclaiming Defendant
Defendant in the main action who commences a crossclaim against one or more of the other defendants in that action.
37
Damages
Compensation awarded by a court for harm done.
38
Defendant on the Crossclaim
Defendant in the main action against whom a crossclaim is brought.
39
Deponent
Person who makes an affidavit.
40
Disbursements
Amounts lawyers pay on behalf of clients to third parties that lawyers can recover from clients.
41
Disbursements
Out-of-pocket expenses incurred by a lawyer for fees and services paid to others as part of proceeding with a case.
42
Discovery
Process that occurs after close of pleadings in which parties obtain more information about each other's cases before trial.
43
Document Book
A bound book of all the documents that a party intends to introduce into evidence at trial; it is sometimes referred to as a book of documents.
44
Draw an Adverse Inference
Make a factual determination that is contrary to the interests of a party.
45
E-Discovery
A term used to describe discovery of documents where the discovery procedures primarily involve the collection and production of information that is stored electronically.
46
Endorsement
Judges handwritten order or judgement from which a successful party is expected to prepare a formal draft of the order or judgement.
47
Estate Adminstrator
Person appointed by a court to administer an estate where there is no will or where the appointment of an executor is ineffective.
48
Estoppel
Term indicating that a witness is bound by his or her original position and evidence and cannot later take a contrary position.
49
Examination-in-Chief
Series of questions asked of a witness by the lawyer for the party who called the witness.
50
Executor
Person appointed by the maker of a will to administer an estate under the provisions of the will; a female executor is sometimes called an executrix.
51
Exemplary Damages
Damages over and above the plaintiff's actual loss, paid to compensate the plaintiff for hurt feelings or mental stress caused by the defendants particularly outrageous behaviour.
52
Factum
Document that sets out the facts, statutes, and cases a party relies on to obtain a favourable decision.
53
Fees
Payment to lawyers for services rendered.
54
Fiduciary Relationship
One-sided relationship where one party relies on the other party's honesty and advice given in the reliant party's best interests.
55
Final Order
Order that resolves all of the outstanding issues between the parties.
56
Fixing Costs
Making an order that a specific party pay a specific amount of costs.
57
Garnishment
Notice directed to a third party who owes money to a defendant as a means of enforcing a judgement.
58
General Damages
Monetary damages for pain and suffering that cannot be determined on the basis of a formula.
59
General Heading
Heading on all court documents that identifies the court, the parties, and the status of the parties.
60
Impecunious
Insolvent.
61
Interlocutory Order
Order that resolves only a particular issue in the proceeding; it does not resolve all the issues between the parties.
62
Issuing
Official commencement of court proceedings whereby documents that are originating processes are signed by the registrar, dated, sealed with a court seal, and given a file number.
63
Join (a party or claim)
Add a party to an existing proceeding.
64
Joinder
Describes the process of adding a party or claim to an existing proceeding.
65
Judgement in Personam
Judgement that is binding only on the parties to the proceeding.
66
Judgement in Rem
Judgement that is binding on everyone, whether a party to the proceeding in which the judgement was announced or not.
67
Jurât
Part of an affidavit that appears at the bottom on the left side of the page and begins with the words "Sworn (or affirmed) before me".
68
Law of Equity
A type of law developed several hundred years ago in England wherein judges, rather than following precedents, look at the issues in a case and apply certain principles to ensure a fair outcome.
69
Lawyer of Record
Lawyer recognized by the court as the legal representative of a party in a proceeding.
70
Leading a Witness
Asking a witness a question that suggests the answer.
71
Leave of the Court
Permission of the court to take a procedural step.
72
Limitation Period
Specified time within which court proceedings must be commenced.
73
Limited Scope Retainer
A Retainer where a lawyer performs some but not all legal services for a client.
74
Litigation Guardian
Competent adult who directs and takes responsibility for the litigation of a legally disabled party, such as a minor, an absentee, or a mentally disabled person.
75
Main Action
Primary case brought by the plaintiff against the defendant.
76
Mandatory Mediation
Process in which disputants are required to allow a neutral third party to facilitate their communication and assist them in negotiating a settlement.
77
Master
Minor judicial official with limited jurisdiction to hear and decide specific legal issues identified by the Rules or statute.
78
Mediation
Process whereby a neutral third party facilitates communication between disputants and assists them in negotiating a solution.
79
Metadata
Information about how data was routed, stored, or transmitted-its "travel" history.
80
Motion
Proceeding within the main proceeding to settle an issue, usually procedural and usually one that has arisen prior to trial.
81
Narrow Questions
Questions in which the interviewer tries to elicit specific information.
82
Non-Pecuniary
Non-monetary.
83
Notice of Action
Document informing defendants that they have been sued.
84
Official Examiner
Individual who is licensed to operate a business to conduct out-of-court examinations, such as cross-examinations on affidavits and discoveries.
85
Open-Ended Questions
Questions that allow the person's interviewed to choose what they want to talk about to the interviewer.
86
Order
Generic term used in the Rules of Civil Procedure to describe commands issued by the courts on motions and at trials.
87
Originating Process
First document in a lawsuit that tells parties that they are being sued.
88
Partial Indemnity
Usual order for Costs, based on a cost grid that establishes hourly rates for tariff items listed in the grid; provides less than full recovery for the client.
89
Pecuniary
Of monetary value.
90
Perfecting an Appeal
Taking all the necessary procedural steps to ensure that an appeal is ready to be heard.
91
Practice Direction
Instructions set out by a Chief Justice to inform lawyers about special procedures that must be followed in particular courts as a result of administrative needs.
92
Principle Of Proportionality
Requires that the time spent on and the expense of a lawsuitbe in proportion to the value of the case that is at stake for the parties.
93
Pro Bono
Abbreviation of the Latin term pro bono publico, meaning "for the public good," used where a lawyer takes on a case without charging a fee as part of a duty to see that justice is done.
94
Punitive Damages
Damages in the nature of a fine paid to the plaintiff when the defendants behaviour has been particularly outrageous.
95
Reference
Judicial proceeding used when it is necessary to delve into an issue in detail before a decision can be reached.
96
Refresh the Retainer
Make further deposit against future fees as a case progresses.
97
Refusal
The refusal to answer a question at all; when a party refuses to answer a question, a reason should be given for not answering.
98
Request to Admit
Document in which one party requires the other to admit the truth of a fact or the authenticity of a document.
99
Res Judicata
Latin phrase meaning that a matter decided by a court is final and incapable of being relitigated in a subsequent proceeding.
100
Residual Data
Previous versions of data not currently in use including deleted data.
101
Respondent
Party that answers or defends against an appeal.
102
Retainer
Contract between a lawyer and client describing the services to be provided by the lawyer and the terms of payment by the client; also refers to a cash deposit to be used by a lawyer to pay for future fees and disbursement as they are incurred.
103
Return Date
The date on which the motion will be heard by the court.
104
Return of a Motion
Day on which a motion is "returned" to court for a hearing; the hearing date is also referred to as "the return date".
105
Reverse Search
A reverse search allows you submit an address, telephone number, or email address to obtain the name of a resident or sunscriber.
106
Service
Process by which documents are brought to the attention of a party in accordance with the Rules or a court order.
107
Setting an Action Down for Trial
Procedure that a party must follow in order to have its case placed on the trial list.
108
Sheriff
Official appointed by the provincial government to assist in various court-related functions, such as the enforcement of orders and judgements.
109
Sittings
A time period during which a specific court may hear cases.
110
Special Damages
Monetary damages that are specific, ascertainable, and measured on an objective basis; sometimes referred to as out-of-pocket expenses.
111
Stay Proceedings
Stop proceedings for a given or indefinite period, pending the fulfillment of a condition without dismissing the proceedings.
112
Stayed
A legal proceeding may be stopped or stayed from proceeding further, or stayed by a judge, until one of the parties does something they are obliged to do; for example, a plaintiff who is suing an unregistered business name will have the proceeding stayed until he or she proves that the name has been registered as legally required.
113
Subrogateur Right
The legal right that a person (or corporation) has when he or she pays someone's debt to recover that money from the debtor.
114
Substantial Indemnity
Costs scale, usually used as a punitive Costs award, that results in near Indemnity for the winner on a dollar-for-dollar basis.
115
Summary proceedings
Proceedings designed to be conduct quickly and with reduced formality.
116
Summons to Witness
Order of a court telling the person named on the summons to attend a trial and give evidence.
117
Testimony
Oral evidence given by a witness.
118
Third-Party Claim
Claim brought by a defendant in the main action against a person who is not already a party to the main action.
119
Title of Proceedings
Part of the general heading that identifies the parties and their status in a lawsuit.
120
Transcript
Written record of proceedings transcribed word for word.
121
Trial List
List kept by the registrar in each courthouse of cases that are ready for trial.
122
Trial Record
Bound set of documents prepared by the party setting the action down for trial and containing the pleadings of all parties, any relevant orders, all notices, and certificates.
123
Trier of Fact
Judge or jury whose job is to determine the facts of the case from the evidence.
124
True Copy
Copy of an original document that is like the original in every particular, including copies of alterations, signatures, and court file numbers; signatures or other handwritten parts of the original are usually inside quotation marks on the copy.
125
Truing Up
Making a handmade copy of a document at the court counter, usually by adding a seal and the registrar's signature inside quotation marks by hand, to a photocopy of the original document.
126
Undefended Action
An action in which no statement of defence is delivered.
127
Undertaking
When you cannot answer right now but will undertake to check on a matter and give an answer later.
128
Unincorporated Association
Association of persons formed to carry out a specific purpose and not formally incorporated.
129
Viva Voce Evidence
Oral evidence.
130
Without Prejudice
Term used, usually in correspondence, to indicate that an offer or admission cannot be used against its maker, admitted in evidence, or disclosed to the court.
131
Wood-Shedded
Prepared for later cross-examination by an opposing lawyer.
132
Writ of Seizure and Sale
Order from a court to a sheriff to enforce the court's order by seizing and selling the defendant's property and holding the proceeds to satisfy the judgement debt to the plaintiff; also known as a writ of execution.
