chapter 11 Flashcards

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1
Q

damages

A

money awarded to a plaintiff for harm suffered

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2
Q

tort

A

a civil wrong

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3
Q

small claims court

A

the court to resolve civil claims of $10000 or less

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4
Q

balance of probabilities

A

the standard of proof in a civil case meaning “more probable than not”

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5
Q

litigation

A

the process of suing

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6
Q

litigant

A

plaintiff or defendant

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7
Q

statement of claim

A

the legal document in a civil action outlining the plaintiff case

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8
Q

limitation period

A

a time period imposed by law

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9
Q

statement of defence

A

the defendants response to the plaintiffs complaint

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10
Q

counterclaim

A

the defendants suit against the plaintiff for damages or other relief

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11
Q

default judgement

A

judgment for the plaintiff as a result of the defendants failure to respond to the plaintiffs claim within the time allowed

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12
Q

out of court settlement

A

when the parties to a lawsuit settle the case before trial

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13
Q

examination for discovery

A

a pre trial process to learn the other side’s evidence

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14
Q

class action

A

a single legal action brought on behalf of all members of a group with a common grievance

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15
Q

general damages

A

court ordered compensation for proven losses

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16
Q

pecuniary damages

A

a form of general damages for losses that can be reasonably calculated

17
Q

non pecuniary damages

A

a form of general damages for losses that do not involve an actual loss of money and thus are difficult to determine

18
Q

special damages

A

compensation for out of pocket expenses

19
Q

punitive damages

A

compensation to punish the defendant for malicious behaviour

20
Q

aggravated damages

A

compensation awarded for humiliation and mental distress

21
Q

nominal damages

A

compensation awarded as a moral victory to a plaintiff who has not sustained any actual losses

22
Q

contingency fee

A

a lawyer will take a case and not demand the usual retainer fee in advance

23
Q

alternative dispute resolution

A

a process designed to resolve conflicts without formal trials

24
Q

arbitration

A

last chance to settle a dispute before thousands of dollars are spent in litigation