Chapter 11: Resolving Civil Disputes Flashcards
Damages
money awarded by the court to a plaintiff for a wrong/loss suffered; main form of compensation in civil action; categorized as general, special, punitive, exemplary, aggravated, nominal
Tort
wrong/injury besides a breach of contract; basis for a branch of civil law called tort law
Compensation (or restitution)
sth given to make amends for a loss; sentencing objective in criminal court
Small Claims Court
lowest level civil court; disputes around money/property resolved in simple, inexpensive, informal way by a judge without a jury
Plaintiff
the party suing
Defendant
in criminal law, person charged w/offence; in civil law, party being sued
Litigation
a lawsuit; act of bringing a civil dispute to court for resolution
Litigants
parties involved in a civil action (plaintiff, defendant)
Litigation guardian
a person who represents a minor in a civil dispute, as when a minor sues. In a citation, the person is referred to as guardian ad litem.
Balance of probabilities
the basis of greater likelihood; the degree of proof necessary in a civil action, in comparison with proof beyond a reasonable doubt in criminal cases
Cause of action
a legal right to start a lawsuit; the facts that give this right
Claim
legal doc in a civil action outlining the plaintiff’s case against the defendant
Limitation period
amount of time after an event during which a civil claim can be filed
Defence (reply)
in criminal law, it is the accused + his/her legal representatives; set of circumstances that might relieve a defendant of liability; in civil law, doc responding to the plaintiff’s claim (reply)
Counterclaim
defendant’s claim in response to a plaintiff’s related claim; action b/w 2 opposing parties
Default judgment
decision made in the plaintiff’s favour when the defendant in a civil claim does not dispute the claim within the required time
Out-of-court settlement
resolution to a civil dispute made to each party’s satisfaction before the matter proceeds to trial
Pre-trial conference
mtg of the parties in a civil suit w/judge or court-appointed referee in which each party sums up the case and the judge may offer an opinion; last chance to resolve the dispute before going to trial
Examination for discovery
pre-trial process in civil cases where each party discloses all evidence and certain issues are discussed and agreed upon. Similar to disclosure in criminal cases
General damages
compensation payable in a civil case (damages) not easily calculated so requiring the judge’s discretion (ex. for pain and suffering, lost future earnings, loss of enjoyment of life)
Special damages
compensation payable in a civil case (damages) for specific out-of-pocket expenses (ex. prescription drugs, lost income)
Punitive damages
compensation payable in a civil case (damages) in addition to general or special damages and which punish the defendant for an uncaring or violent act; a.k.a. exemplary damages
Aggravated damages
compensation payable in a civil case (damages) that compensates the plaintiff for the defendant’s outrageous conduct; similar to punitive
Nominal damages
small sum of money awarded in a successful civil suit to a plaintiff who has not suffered substantial harm or loss; awarded for a moral victory
