chapter 11 Flashcards
damages
money awarded to a plaintiff for harm suffered
tort
a civil wrong
small claims court
the court to resolve civil claims of $10000 or less
balance of probabilities
the standard of proof in a civil case meaning “more probable than not”
litigation
the process of suing
litigant
plaintiff or defendant
statement of claim
the legal document in a civil action outlining the plaintiff case
limitation period
a time period imposed by law
statement of defence
the defendants response to the plaintiffs complaint
counterclaim
the defendants suit against the plaintiff for damages or other relief
default judgement
judgment for the plaintiff as a result of the defendants failure to respond to the plaintiffs claim within the time allowed
out of court settlement
when the parties to a lawsuit settle the case before trial
examination for discovery
a pre trial process to learn the other side’s evidence
class action
a single legal action brought on behalf of all members of a group with a common grievance
general damages
court ordered compensation for proven losses
pecuniary damages
a form of general damages for losses that can be reasonably calculated
non pecuniary damages
a form of general damages for losses that do not involve an actual loss of money and thus are difficult to determine
special damages
compensation for out of pocket expenses
punitive damages
compensation to punish the defendant for malicious behaviour
aggravated damages
compensation awarded for humiliation and mental distress
nominal damages
compensation awarded as a moral victory to a plaintiff who has not sustained any actual losses
contingency fee
a lawyer will take a case and not demand the usual retainer fee in advance
alternative dispute resolution
a process designed to resolve conflicts without formal trials
arbitration
last chance to settle a dispute before thousands of dollars are spent in litigation
