Civil Law Definitions Flashcards
What does plaintiff mean?
The party initiating a legal action.
What does Balance of Probabilities mean?
The weighing of evidence to decide whether the plaintiff’s or the defendant’s version of events is more convincing or likely to be correct.
What does Next Friend mean?
An adult who represents a child or person under a disability who initiates a civil lawsuit
What does Guardian ad litem mean?
The person appointed to act on behalf of a minor or a person under disability who is being sued
What are Pleadings?
Documents stating formal allegations by the parties regarding their claims and defenses.
What does Writ of Summons mean?
A legal document that commences civil actions in some provinces
What does Statement of Claim?
A document outlining the facts supporting a civil action and the remedy required
What does Remedy mean?
The relief sought by the plaintiff’s in a civil suit; the method by which a person’s rights are enforced or violations of these rights are compensated.
What does Default Judgment mean?
A judgment against a party who has failed to defend a claim action
What does Counterclaim mean?
An independent cause of action brought by the defendant against the plaintiff
What does Statement of Defense mean?
The response to the plaintiff’s complaint, denying action and the remedy desired.
What does Third-party claim mean?
A complaint filed by the defendant claiming another party is at fault.
What is a Cross-claim?
A claim made between parties on the same side of the litigation.
What does Examination for Discovery mean?
Examination of evidence by both sides before a civil trial
What does Affidavit of Documents mean?
A list of documents relevant to the case that will be used in trial
What are Privileged Documents?
Records and information that can be excluded from examination by the other side in a civil action
What is a Class Action Suit?
A lawsuit initiated by a group of people over a complaint common to all
What are Non-pecuniary damages?
Compensation for losses that do not involve an actual loss of money and are difficult to quantify
What are Pecuniary Damages?
Monetary compensation for losses that can be calculated
What does Aggravated Damages mean?
Compensation for intangible losses such as humiliation or distress
What does Special Damages mean?
Compensation for out-of-pocket expenses
What does Punitive (or exemplary) damages mean?
Damages imposed to punish the defendant for reprehensible conduct
What does Nominal Damages mean?
Minimal compensation to acknowledge a moral victory
