Definitions Flashcards
(29 cards)
Litigants
The parties involved in a civil action
Plaintiff
The party initiating a legal action
Litigation
Legal action to resolve a civil dispute
Damages
Compensation for a wrong suffered
Defendant
The party being sued in a civil action
Balance of probabilities
The weighing of evidence to decide whether the plaintiff’s or the defendants version of events is more convincing or likely to be correct
Writ of summons
A legal document that commenced civil actions in some provinces
Statement of claim
A document outlining the facts supporting a civil action and the remedy desired
Remedy
The relief sought by the plaintiff
Particulars
Specific details of a claim in a civil action
Default judgement
A judgement against a party who has failed to defend a claim action
Statement of defence
The response to the plaintiff’s complaint, denying the allegations In part or in whole
Counterclaim
An Independent cause of action brought by the defendant against the plaintiff
Third-party claim
A complaint filed by the defendant claiming that another party is at fault
Liable
Legally responsible for a wrongful action
Examination of discovery
Examination of evidence by both sides before a civil trial
Settle out of court
All parties agree to resolve the dispute instead of going to court
Class action lawsuit
A lawsuit initiated by a group of people over a complaint common to all
Pecuniary damages
Monetary compensation for losses that can be calculated
Non-pecuniary damages
Compensation for losses that do not involve an actual loss of money and are difficult to qua tify
Aggravated damages
Compensation for intangible losses such as humiliation or distress
Special damages
Compensation for out-of-pocket expenses
Punitive (or exemplary) damages
Damages imposed to punish the defendant for reprehensible conduct
Nominal damages
Minimal compensation is I acknowledge a moral victory