Negligent Vocab (Civil law)

Question 1

actual harm or loss

Answer 1

real measurable damage suffered by a person or entity

Question 2

aggravated damages

Answer 2

compensation in a civil case given to the plaintiff for the defendant’s outrageous actions

Question 3

balance of probability

Answer 3

basis of greater likelihood / degree of proof necessary for a civil case

Question 4

Causation

Answer 4

The fact of being the cause of an effect, result or consequence (one of the elements that must be proven in a negligence action)

Question 5

Cause of Action

Answer 5

the facts that give the legal right to start a lawsuit

Question 6

civil law

Answer 6

describes private law governing the relationships between individuals

Question 7

Claim

Answer 7

legal document in a civil action outlining the plaintiff’s case against the defendant

Question 8

Compensation

Answer 8

something given to make amends for a loss

Question 9

Contingency fee

Answer 9

payment for legal services based on a percentage of damages if the case is successful (if plaintiff loses the case and services were arranged on a contingency basis, the plaintiff pays nothing)

Question 10

Contributory negligence

Answer 10

negligence that’s the victim’s fault that contributed to their own injury (defense for negligence)

Question 11

costs

Answer 11

expenses incurred in a lawsuit (court, attorney etc.)

Question 12

Counter claim

Answer 12

Defendents claim response to a plaintiffs claim (action between two opposing parties)

Question 13

Damages

Answer 13

Money awarded by the court to a plaintiff for a wrong or loss suffered

Question 14

Default judgment

Answer 14

Decisions made in the plaintiffs favour when the defendant does not dispute the claim in the required amount of time

Question 15

Defence

Answer 15

a document responding to the plaintiffs claim (reply)

Question 16

Defendant

Answer 16

the party being sued

Question 17

Due diligence

Answer 17

a defence that the accused took reasonable care not to commit said act or that the truly believed their actions were innocent

Question 18

Duty of care

Answer 18

a legal obligation to not harm other people or property (principle of tort law)

Question 19

Foreseeability

Answer 19

quality of being what a reasonable person should expect as a result of certain

Question 20

General Damages

Answer 20

Compensation in a case that is not easily calculated so it requires the judges discretion (loss of enjoyment of life)

Question 21

Inevitable accident

Answer 21

event that occurred without human fault and could not have been prevented (even reasonable care & caution)

Question 22

Litigants

Answer 22

Parties involved in a civil action (Plaintiff & defendant)

Question 23

Litigation

Answer 23

a lawsuit, act of bringing a civil dispute to court for resolution

Question 24

Litigation Guardian

Answer 24

a person who represents a minor civil dispute (when a minor sues)

Question 25

Nominal damages

Answer 25

Small sum of money given to a plaintiff who has not suffered substantial harm/loss (awarded for moral victory)

Question 26

Out of court settlement

Answer 26

A resolution to a civil dispute made to satisfy both parties before the case proceeds to trial

Question 27

Plaintiff

Answer 27

The party suing

Question 28

Precedent

Answer 28

A legal decision that serves as an example for similar cases (similar fact result in similar actions)