Chapter 9: Civil Procedure Definitions Flashcards
What are pleadings?
documents exchanged between the plaintiff and defendant in a civil case to establish the reason for the claim and which facts are in dispute
What is a directions hearing?
a hearing between the judge and legal counsel for the plaintiff and defendant to address questions of law and fact
What is discovery?
allows the parties to obtain further info about the dispute from the other party
What are damages?
a sum of money awarded to a plaintiff by a court in a civil case, paid by the defendant for any loss or injury caused
What is an injunction?
a civil remedy which is a court order that stops someone from doing something (restrictive) or compels someone to do something (mandatory)
what is an interlocutory injunction?
a temporary injunction awarded quickly in circumstances where there is an urgent situation and an injunction is needed quickly
what is a perpetual injunction?
when the interlocutory injunction becomes a permanent injunction
what is discovery by oral examination?
questions put to the party as if they were being examined-in-chief
what is a medical examination?
appropriate examination by a medical expert to determine the extent of the plaintiffs injuries
what are exemplary (or punitive) damages?
seeks to punish and deter the defendant for an extreme infringement of rights
what are contemptuous damages?
small damages awarded to show contempt for the claim, while admitting the plaintiff’s right to make the claim
what are nominal damages?
small amount of money awarded as the plaintiff may be seeking to make a point about being legally right, rather than seeking a large sum of money because they’ve not been financially disadvantaged
what are aggravated damages? (type of compensatory damages)
can be awarded to compensate plaintiff further if the court believes the defendants conduct caused the plaintiff humiliation and insult
what are general damages? (type of compensatory)
assessed by the court according to the magnitude of the wrong done and the long-term consequences of the wrong e.g such as pain and suffering and loss of enjoyment of life
what are specific damages? (type of compensatory)
can be given presice quantifiable monetary value. e.g medical expenses or loss of wages
