Chapter 11: Resolving Civil Disputes

Question 1

Damages

Answer 1

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

Question 2

Tort

Answer 2

wrong/injury besides a breach of contract; basis for a branch of civil law called tort law

Question 3

Compensation (or restitution)

Answer 3

sth given to make amends for a loss; sentencing objective in criminal court

Question 4

Small Claims Court

Answer 4

lowest level civil court; disputes around money/property resolved in simple, inexpensive, informal way by a judge without a jury

Question 5

Plaintiff

Answer 5

the party suing

Question 6

Defendant

Answer 6

in criminal law, person charged w/offence; in civil law, party being sued

Question 7

Litigation

Answer 7

a lawsuit; act of bringing a civil dispute to court for resolution

Question 8

Litigants

Answer 8

parties involved in a civil action (plaintiff, defendant)

Question 9

Litigation guardian

Answer 9

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.

Question 10

Balance of probabilities

Answer 10

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

Question 11

Cause of action

Answer 11

a legal right to start a lawsuit; the facts that give this right

Question 12

Claim

Answer 12

legal doc in a civil action outlining the plaintiff’s case against the defendant

Question 13

Limitation period

Answer 13

amount of time after an event during which a civil claim can be filed

Question 14

Defence (reply)

Answer 14

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)

Question 15

Counterclaim

Answer 15

defendant’s claim in response to a plaintiff’s related claim; action b/w 2 opposing parties

Question 16

Default judgment

Answer 16

decision made in the plaintiff’s favour when the defendant in a civil claim does not dispute the claim within the required time

Question 17

Out-of-court settlement

Answer 17

resolution to a civil dispute made to each party’s satisfaction before the matter proceeds to trial

Question 18

Pre-trial conference

Answer 18

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

Question 19

Examination for discovery

Answer 19

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

Question 20

General damages

Answer 20

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)

Question 21

Special damages

Answer 21

compensation payable in a civil case (damages) for specific out-of-pocket expenses (ex. prescription drugs, lost income)

Question 22

Punitive damages

Answer 22

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

Question 23

Aggravated damages

Answer 23

compensation payable in a civil case (damages) that compensates the plaintiff for the defendant’s outrageous conduct; similar to punitive

Question 24

Nominal damages

Answer 24

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

Question 25

Injunction

Answer 25

court order directing a person to do or not do sth for a specific time period

Question 26

Contingency fee

Answer 26

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

Question 27

Garnishment

Answer 27

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)

Question 28

Bailiff

Answer 28

official who helps sheriff (ex. seize assets to pay unpaid court-ordered damages)

Question 29

Examination of the debtor

Answer 29

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

Question 30

Alternative dispute resolution (ADR)

Answer 30

collective term for processes designed to settle/resolve conflicts w/o formal trials

Question 31

Negotiation

Answer 31

ADR process that is informal and voluntary, involves no third party

Question 32

Mediation

Answer 32

ADR process in which a third party tries to get opposing parties to reach an agreement; also family mediation, in family law

Question 33

Arbitration

Answer 33

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