Definitions Flashcards

(29 cards)

1
Q

Litigants

A

The parties involved in a civil action

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2
Q

Plaintiff

A

The party initiating a legal action

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3
Q

Litigation

A

Legal action to resolve a civil dispute

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4
Q

Damages

A

Compensation for a wrong suffered

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5
Q

Defendant

A

The party being sued in a civil action

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6
Q

Balance of probabilities

A

The weighing of evidence to decide whether the plaintiff’s or the defendants version of events is more convincing or likely to be correct

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7
Q

Writ of summons

A

A legal document that commenced civil actions in some provinces

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8
Q

Statement of claim

A

A document outlining the facts supporting a civil action and the remedy desired

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9
Q

Remedy

A

The relief sought by the plaintiff

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10
Q

Particulars

A

Specific details of a claim in a civil action

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11
Q

Default judgement

A

A judgement against a party who has failed to defend a claim action

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12
Q

Statement of defence

A

The response to the plaintiff’s complaint, denying the allegations In part or in whole

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13
Q

Counterclaim

A

An Independent cause of action brought by the defendant against the plaintiff

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14
Q

Third-party claim

A

A complaint filed by the defendant claiming that another party is at fault

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15
Q

Liable

A

Legally responsible for a wrongful action

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16
Q

Examination of discovery

A

Examination of evidence by both sides before a civil trial

17
Q

Settle out of court

A

All parties agree to resolve the dispute instead of going to court

18
Q

Class action lawsuit

A

A lawsuit initiated by a group of people over a complaint common to all

19
Q

Pecuniary damages

A

Monetary compensation for losses that can be calculated

20
Q

Non-pecuniary damages

A

Compensation for losses that do not involve an actual loss of money and are difficult to qua tify

21
Q

Aggravated damages

A

Compensation for intangible losses such as humiliation or distress

22
Q

Special damages

A

Compensation for out-of-pocket expenses

23
Q

Punitive (or exemplary) damages

A

Damages imposed to punish the defendant for reprehensible conduct

24
Q

Nominal damages

A

Minimal compensation is I acknowledge a moral victory

25
Injunction
A court order requiring it prohibiting an action
26
What is an unintentional tort?
A type of unintended accident that leads to injury, property damage, or financial loss.
27
How does the law define a “reasonable person” ?
A hypothetical person used as a legal standard to determine whether the conduct of the parties in a case was proper in the circumstances.
28
What is meant by contributory negligence? Use an example to illustrate your answer.
Contributory negligence: Contributory negligence is a common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm. Ex) For example, in a car accident between car A and car B, car A's driver was speeding and car B's driver was driving drunk. Both drivers are engaged in contributory negligent.
29
Identify three defences, other than contributory negligence, that a defendant may use in a tort action.
- inevitable accident - voluntary assumption of risk -explanation -act of god