Civil Law Vocab Flashcards
a term for private law governing the relationships between individuals; also, a term for the legal system of Quebec, based on Roman law, as distinct from English
civil law
money awarded by the court to plaintiff for a wrong or loss suffered; the main form of compensation in a civil action; categorized in general, special, punitive (or exemplary, aggravated and nomial damages)
damages
a wrong or injury (other than a breach of contact), which may be intentional or unintentional the basis for a breach of civil law
tort
something given to make amends for a loss (e.g., damages to an injured plaintiff); also called restitution’ in criminal court a sentencing objective
compensation
the party suing (initiates the case) (bears the burden of proof)
plaintiff
the party being sued
defendant
a lawsuit; the act of bringing a civil dispute to court for resolution (trial in civil law)
litigation
the parties involved in a civil action; the plaintiff and the defendant
litigants
the basis of the likelihood; the degree of proof necessary in a civil action, in comparison with proof beyond a reasonable doubt in criminal cases
balance of probabilities
a legal right to start a lawsuit; the facts that give this right
cause of action
a legal document in a civil action outlining the plaintiffs case against the defendant
claim
a defendants claim in response to a plaintiffs related claim , action between two opposing parties
counterclaim
a resolution to a civil dispute made to each others parties satisfaction before the matter proceed to trial
out-of-court settlement
a decision in a civil case that leads to how you solve the problem (using compensation)
judgment and civil remedies
compensation payable in a civil case (damages) not easily calculated so requiring the judges discretion (e.g., for pain and suffering, lost future earnings, loss of enjoyment of life)
general damages
compensation payable in a civil case (damages) for specific out-of-pocket expenses (e.g., prescription drugs, loss income)
special damages
compensation payable in a civil case (damages) in addition to general or special damage and which punish the defendant for an uncaring or violent act; also called exemplary damages
punitive damages
compensation payable in a civil case (damages) that compensates the plaintiff for the defendants outrageous conduct, similar to punitive damages
aggravated damages
a small sum of money awarded in a successful civil suit to a plaintiff who has not suffered substantial harm or loss; awarded for moral victory
nomial damages
expenses incurred during the course of a case/amounts awarded to one party in a litigation matter if they are successful in the action
costs
payment for legal services in a civil case based on a percent 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
contingency fee
a collective term for process (e.g., mediation, arbitration) designed to settle (resolve conflicts without formal trials
alternative dispute resolution
a failure to exercise reasonable care that results in injury to another; damaging actions that are careless, unintentional and unplanned
negligence
a legal decision that serves as an example and authority in subsequent similar cases;
precedent
a specific legal obligation to not harm other people or their property; principle of tort law
duty of care
a defence that the accused took reasonable care not to commit the act (e.g., polluting) or that the accused honestly believed his or her actions were innocent
due diligence
the level of care, or degree of caution, expected when a reasonable person is carrying out an action
standard of care
the standard used in determining if a person’s conduct in a particular situation is negligent
reasonable person
the quality of being what a reasonable person should expect or anticipate as a result of certain actions
foreseeability
the fact of being a producer of an effect, result, or consequence; an important principle in murder trials; in civil law, one of the elements that must be prove in a negligence action
causation
negligence on the part of the victim that helps bring about (contributes to) his or her own injury or loss; a partial defence to negligence
contributory negligence
the principle of holding a blameless party (the substitute) responsible for another’s actions (e.g., a bussing company responsible for a driver careless driving)
vicarious liability
to enter or cross another’s property line without consent or legal right
trespass
an unreasonable use of the land that interferes with the right of others to enjoy their property; categorized as public or private
nuisance
the act of uttering or publishing false malicious statements that injure a persons fame, reputation or character; often categorized as slander or libel
defamation
defamation through spoken words, sounds, or actions (e.g., a speech)
slander
defamation in a printed or permanent form (e.g., pictures, printed words, video)
libel
legal responsibility involving three parties; as in a car accident, in which and insurance company, the third party, pays out the claim
third party liability
