Civil Law Vocab

Question 1

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

Answer 1

civil law

Question 2

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)

Answer 2

damages

Question 3

a wrong or injury (other than a breach of contact), which may be intentional or unintentional the basis for a breach of civil law

Answer 3

tort

Question 4

something given to make amends for a loss (e.g., damages to an injured plaintiff); also called restitution’ in criminal court a sentencing objective

Answer 4

compensation

Question 5

the party suing (initiates the case) (bears the burden of proof)

Answer 5

plaintiff

Question 6

the party being sued

Answer 6

defendant

Question 7

a lawsuit; the act of bringing a civil dispute to court for resolution (trial in civil law)

Answer 7

litigation

Question 8

the parties involved in a civil action; the plaintiff and the defendant

Answer 8

litigants

Question 9

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

Answer 9

balance of probabilities

Question 10

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

Answer 10

cause of action

Question 11

a legal document in a civil action outlining the plaintiffs case against the defendant

Answer 11

claim

Question 12

a defendants claim in response to a plaintiffs related claim , action between two opposing parties

Answer 12

counterclaim

Question 13

a resolution to a civil dispute made to each others parties satisfaction before the matter proceed to trial

Answer 13

out-of-court settlement

Question 14

a decision in a civil case that leads to how you solve the problem (using compensation)

Answer 14

judgment and civil remedies

Question 15

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)

Answer 15

general damages

Question 16

compensation payable in a civil case (damages) for specific out-of-pocket expenses (e.g., prescription drugs, loss income)

Answer 16

special damages

Question 17

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

Answer 17

punitive damages

Question 18

compensation payable in a civil case (damages) that compensates the plaintiff for the defendants outrageous conduct, similar to punitive damages

Answer 18

aggravated damages

Question 19

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

Answer 19

nomial damages

Question 20

expenses incurred during the course of a case/amounts awarded to one party in a litigation matter if they are successful in the action

Answer 20

costs

Question 21

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

Answer 21

contingency fee

Question 22

a collective term for process (e.g., mediation, arbitration) designed to settle (resolve conflicts without formal trials

Answer 22

alternative dispute resolution

Question 23

a failure to exercise reasonable care that results in injury to another; damaging actions that are careless, unintentional and unplanned

Answer 23

negligence

Question 24

a legal decision that serves as an example and authority in subsequent similar cases;

Answer 24

precedent

Question 25

a specific legal obligation to not harm other people or their property; principle of tort law

Answer 25

duty of care

Question 26

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

Answer 26

due diligence

Question 27

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

Answer 27

standard of care

Question 28

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

Answer 28

reasonable person

Question 29

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

Answer 29

foreseeability

Question 30

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

Answer 30

causation

Question 31

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

Answer 31

contributory negligence

Question 32

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)

Answer 32

vicarious liability

Question 33

to enter or cross another’s property line without consent or legal right

Answer 33

trespass

Question 34

an unreasonable use of the land that interferes with the right of others to enjoy their property; categorized as public or private

Answer 34

nuisance

Question 35

the act of uttering or publishing false malicious statements that injure a persons fame, reputation or character; often categorized as slander or libel

Answer 35

defamation

Question 36

defamation through spoken words, sounds, or actions (e.g., a speech)

Answer 36

slander

Question 37

defamation in a printed or permanent form (e.g., pictures, printed words, video)

Answer 37

libel

Question 38

legal responsibility involving three parties; as in a car accident, in which and insurance company, the third party, pays out the claim

Answer 38

third party liability