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
Injunction
court order directing a person to do or not do sth for a specific time period
Contingency fee
payment for legal services in a civil case based on a percentage of damages if the case is successful; if the plaintiff loses the case and services were arranged on a contingency basis, the plaintiff pays nothing
Garnishment
procedure to address outstanding court-ordered payments b/w parties by redirecting money or goods owed by a third party (ex. part of Tina’s paycheque forwarded to court to pay damages awarded to April for Tina’s negligence)
Bailiff
official who helps sheriff (ex. seize assets to pay unpaid court-ordered damages)
Examination of the debtor
judge’s questioning of a defendant who owes court-ordered damages about his/her ability to pay in order to see what arrangement can be made
Alternative dispute resolution (ADR)
collective term for processes designed to settle/resolve conflicts w/o formal trials
Negotiation
ADR process that is informal and voluntary, involves no third party
Mediation
ADR process in which a third party tries to get opposing parties to reach an agreement; also family mediation, in family law
Arbitration
ADR process in which the arbitrator hears from both sides and makes a final decision; more formal than negotiation and mediation; may be binding arbitration
