Chapter 11: Civil Law Flashcards
What is arbitration?
A way to settle disputes outside of court
What is the balance of probabilities?
The standard of proof in civil cases, where a claim is more likely to be true than not true based on the evidence presented.
What is class action?
a lawsuit filed by a group of people who suffered similar harm or injustice, allowing them to collectively seek compensation or other relief from the defendant.
What is default judgement?
a court decision in favor of one party when the other party fails to respond or defend against a lawsuit.
What is garnishment?
a legal process where a creditor collects a debt by requiring a third party, such as an employer or bank, to divert funds owed to the debtor to the creditor instead.
What are general damages?
Compensation awarded in a lawsuit for losses that are not easily quantifiable, such as pain and suffering, emotional distress, or loss of enjoyment of life.
What is litigation?
The process of resolving disputes through the court system, including all the steps from filing a lawsuit to reaching a final judgment or settlement.
What is mediation?
A process where a neutral third party helps disputing parties reach a voluntary agreement, facilitating communication and negotiation.
What are special damages?
They are specific and quantifiable monetary losses incurred by a party as a result of a defendant’s actions, such as medical expenses, lost wages, or property damage.
What is a statement of claim?
A legal document that outlines the factual and legal basis for a lawsuit, including the plaintiff’s allegations against the defendant and the relief sought.
What is a statement of defense?
a legal document filed by a defendant in response to a statement of claim, outlining their position on the allegations and defenses against the plaintiff’s claims.
What is tort?
A civil wrong that causes harm or loss to another person, giving rise to legal liability for the person who commits the wrongful act.
