civil law Flashcards
balance of probability
basis of greater likelihood; degree of proof necessary in a civil action
aggravated damages
compensation payable for the plantiff for the defendants outrageous conduct
causation
fact of being the producer (cause) of an effect, result or consequence; one of the elements that must be proven in a negligence action
cause of action
legal right to start a lawsuit; facts that give this right
civil law
private law governing the relationships between individuals
claim
legal document in civil action outlining the plaintiff’s case against the defendant
compensation
something given to make amends for a loss
contingency fee
payment for legal services in a case based on a % of damages if the case is successful
contributory negligence
on the part of a victim that helps bring about his/her own injury or loss; partial defence to negligence
counterclaim
defendant’s claim in response to a plantiff’s related claim; action between 2 opposing parties
damages
money awarded by court to a plantiff for a wrong/loss suffered
default judgement
decision made in plantiff’s favour when the defendant doesn’t dispute the claim within the required time
defence
document responding to the plantiff’s claim
defendant
party being sued
due diligence
defence that the accused took reasonable care not to commit the act or that the accused honestly believed his/her actions were innocent
duty of care
specific legal obligation to not harm other people or their property
foreseeability
quality of being what a reasonable person should expect or anticipate as a result of certain actions
general damages
compensation payable not easily calculated
litigants
parties involved in a civil action; plantiff and defendant
litigations
lawsuit; act of bringing a civil dispute to court for resolution
litigation guardian
person who represents a minor in a civil dispute
nominal damages
small sum of money awarded in a successful civil suit to a plaintiff who has not suffered substantial harm/loss; awarded for moral victory
out-of-court-settlement
resolution to a civil dispute made to each party’s satisfaction before the matter process to trial
plantiff
party sueing
precendent
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
punitive damages (exemplary damages)
compensation payable in addition to general or special damages in which punish the defendant for an uncaring or violent act
reasonable person
standard used in determining if a person’s conduct in a particular situation is negligent
special damages
comepensation payable ina. civil case for specfic out-of-pocket expenses
standard of care
level of care, or degree of caution, expected when a reasonable person is carrying out an action
third-party liability
legal responsibility involving 3 parties
tort
wrong or injury (other than breach of contract) which may be intentional or unintentional; basis for a branch of civil law, tort law
vicarious libaility
principle of holding a blameless party (the substitute) responsible for another’s actions
voluntary assumption of risk
willing acceptance of a possibility of harm or suffering; partial defence for negligence
costs
everything you pay to run the claim and start a case
professional negligence
what a reasonable person would do as that profession; failing duty of care as a professional
