civil law

Question 1

balance of probability

Answer 1

basis of greater likelihood; degree of proof necessary in a civil action

Question 2

aggravated damages

Answer 2

compensation payable for the plantiff for the defendants outrageous conduct

Question 3

causation

Answer 3

fact of being the producer (cause) of an effect, result or consequence; one of the elements that must be proven in a negligence action

Question 4

cause of action

Answer 4

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

Question 5

civil law

Answer 5

private law governing the relationships between individuals

Question 6

claim

Answer 6

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

Question 7

compensation

Answer 7

something given to make amends for a loss

Question 8

contingency fee

Answer 8

payment for legal services in a case based on a % of damages if the case is successful

Question 9

contributory negligence

Answer 9

on the part of a victim that helps bring about his/her own injury or loss; partial defence to negligence

Question 10

counterclaim

Answer 10

defendant’s claim in response to a plantiff’s related claim; action between 2 opposing parties

Question 11

damages

Answer 11

money awarded by court to a plantiff for a wrong/loss suffered

Question 12

default judgement

Answer 12

decision made in plantiff’s favour when the defendant doesn’t dispute the claim within the required time

Question 13

defence

Answer 13

document responding to the plantiff’s claim

Question 14

defendant

Answer 14

party being sued

Question 15

due diligence

Answer 15

defence that the accused took reasonable care not to commit the act or that the accused honestly believed his/her actions were innocent

Question 16

duty of care

Answer 16

specific legal obligation to not harm other people or their property

Question 17

foreseeability

Answer 17

quality of being what a reasonable person should expect or anticipate as a result of certain actions

Question 18

general damages

Answer 18

compensation payable not easily calculated

Question 19

litigants

Answer 19

parties involved in a civil action; plantiff and defendant

Question 20

litigations

Answer 20

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

Question 21

litigation guardian

Answer 21

person who represents a minor in a civil dispute

Question 22

nominal damages

Answer 22

small sum of money awarded in a successful civil suit to a plaintiff who has not suffered substantial harm/loss; awarded for moral victory

Question 23

out-of-court-settlement

Answer 23

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

Question 24

plantiff

Answer 24

party sueing

Question 25

precendent

Answer 25

legal decision serving as an example and authority in subsequent similar cases; basis for the rule of precedent – legal principle in which similar facts result in a similar decision

Question 26

punitive damages (exemplary damages)

Answer 26

compensation payable in addition to general or special damages in which punish the defendant for an uncaring or violent act

Question 27

reasonable person

Answer 27

standard used in determining if a person’s conduct in a particular situation is negligent

Question 28

special damages

Answer 28

comepensation payable ina. civil case for specfic out-of-pocket expenses

Question 29

standard of care

Answer 29

level of care, or degree of caution, expected when a reasonable person is carrying out an action

Question 30

third-party liability

Answer 30

legal responsibility involving 3 parties

Question 31

tort

Answer 31

wrong or injury (other than breach of contract) which may be intentional or unintentional; basis for a branch of civil law, tort law

Question 32

vicarious libaility

Answer 32

principle of holding a blameless party (the substitute) responsible for another’s actions

Question 33

voluntary assumption of risk

Answer 33

willing acceptance of a possibility of harm or suffering; partial defence for negligence

Question 34

costs

Answer 34

everything you pay to run the claim and start a case

Question 35

professional negligence

Answer 35

what a reasonable person would do as that profession; failing duty of care as a professional