Civil Litigation Vocabulary

Question 1

Absentee

Answer 1

Person whose rights or interests are being determined in a proceeding and whose whereabouts are unknown.

Question 2

Action

Answer 2

One of the two procedures by which a civil matter is commenced in the Superior Court; the other such procedure is an application.

Question 3

Active Data

Answer 3

Data currently in use in the database.

Question 4

Advisement

Answer 4

“Taking it under advisement” means to not answer the question now, but to think about whether you will answer the question later.

Question 5

Affiant

Answer 5

Person who swears an affidavit.

Question 6

Affidavit

Answer 6

Written statement setting out the evidence of the person who swears or affirms its content are true.

Question 7

Alternative Dispute Resolution

Answer 7

Term used to describe various ways of settling disputes without going to court, including arbitration, mediation, and conciliation.

Question 8

Appeal as of Right

Answer 8

Appeal that a party has a legal right to bring and for which leave to appeal is not required.

Question 9

Appellant

Answer 9

Party that commences an appeal.

Question 10

Appellate Court

Answer 10

The Court of Appeal or Divisional Court.

Question 11

Application

Answer 11

One of the two procedures by which a civil matter is commenced in the Superior Court; the other such procedure is an action.

Question 12

Archival Data

Answer 12

Older versions of data that have been stored or archived on a database system.

Question 13

Assessment of Costs

Answer 13

A costs order made by a judge where the actual amount of costs is determined at a separate hearing by an assessment officer.

Question 14

Assignee

Answer 14

Person to whom rights, usually contract benefits, are granted by an assignor.

Question 15

Assignor

Answer 15

Person who grants contract rights to an assignee.

Question 16

Attendance Money

Answer 16

Formerly called conduct money, composed of the per diem witness fee and amount for transportation and lodging in accordance with tariff A.

Question 17

Backsheet

Answer 17

Part of every court document, it contains the name, LSUC number, address, and telephone and fax numbers of the lawyer who prepared the document, the short title of proceedings, the court and court file number, the fax number of the person to be served (if known), and a large space reserved for court officials to make entries on.

Question 18

Bill of Costs

Answer 18

List of allowable fees and disbursements that is used by an assessment officer to assess a litigants costs after the litigant is successful in obtaining judgement; differs from an account because it does not include all fees charged to the client.

Question 19

Boilerplate

Answer 19

Standard wording that is part of every copy of a particular type of document.

Question 20

Carriage

Answer 20

Responsibility for a file or a case.

Question 21

Case Conference

Answer 21

Conference managed by the case management judge or master, who controls timetables and settles all procedural matters.

Question 22

Case Management Judge or Master

Answer 22

Court official assigned to each case-managed case to ensure court control over the case on its way to trial.

Question 23

Cause of Action

Answer 23

Legal rights to sue to obtain a legal remedy.

Question 24

Children’s Lawyer

Answer 24

Official of the Ontario Ministry of the Attorney General whose office oversees the rights of some minors in civil litigation and custody disputes.

Question 25

Chose in Action

Answer 25

Intangible personal property whose value lies in what it represents.

Question 26

Class Proceedings Fund

Answer 26

Public fund of the Law Foundation of Ontario, administered by the Law Society of Upper Canada, to provide funding for the costs of class actions that otherwise might be beyond the financial reach of the parties.

Question 27

Co-Defendant

Answer 27

One defendant in a multi-defendant proceeding.

Question 28

Common Law

Answer 28

Law that is made by judges following precedents set by higher courts; often called “case law”.

Question 29

Compendium

Answer 29

Summary of material to be referred to at a hearing, designed for easy access by the judge.

Question 30

Contingency Fee

Answer 30

Fee payable to a lawyer only if he or she wins the case fo a client.

Question 31

Contracting State

Answer 31

Country that is a signatory to a contract or convention.

Question 32

Counterclaim

Answer 32

Claim made by the defendant in the main action against the plaintiff or against the plaintif and other persons.

Question 33

Court of First Instance

Answer 33

Court that made a decision that is under appeal.

Question 34

Cross-Examination

Answer 34

Series of questions asked of a witness by a lawyer for a party adverse in interest to the party that called the witness.

Question 35

Crossclaim

Answer 35

Claim brought by one defendant whom the plaintiff is suing against another defendant whom the plaintiff is suing.

Question 36

Crossclaiming Defendant

Answer 36

Defendant in the main action who commences a crossclaim against one or more of the other defendants in that action.

Question 37

Damages

Answer 37

Compensation awarded by a court for harm done.

Question 38

Defendant on the Crossclaim

Answer 38

Defendant in the main action against whom a crossclaim is brought.

Question 39

Deponent

Answer 39

Person who makes an affidavit.

Question 40

Disbursements

Answer 40

Amounts lawyers pay on behalf of clients to third parties that lawyers can recover from clients.

Question 41

Disbursements

Answer 41

Out-of-pocket expenses incurred by a lawyer for fees and services paid to others as part of proceeding with a case.

Question 42

Discovery

Answer 42

Process that occurs after close of pleadings in which parties obtain more information about each other’s cases before trial.

Question 43

Document Book

Answer 43

A bound book of all the documents that a party intends to introduce into evidence at trial; it is sometimes referred to as a book of documents.

Question 44

Draw an Adverse Inference

Answer 44

Make a factual determination that is contrary to the interests of a party.

Question 45

E-Discovery

Answer 45

A term used to describe discovery of documents where the discovery procedures primarily involve the collection and production of information that is stored electronically.

Question 46

Endorsement

Answer 46

Judges handwritten order or judgement from which a successful party is expected to prepare a formal draft of the order or judgement.

Question 47

Estate Adminstrator

Answer 47

Person appointed by a court to administer an estate where there is no will or where the appointment of an executor is ineffective.

Question 48

Estoppel

Answer 48

Term indicating that a witness is bound by his or her original position and evidence and cannot later take a contrary position.

Question 49

Examination-in-Chief

Answer 49

Series of questions asked of a witness by the lawyer for the party who called the witness.

Question 50

Executor

Answer 50

Person appointed by the maker of a will to administer an estate under the provisions of the will; a female executor is sometimes called an executrix.

Question 51

Exemplary Damages

Answer 51

Damages over and above the plaintiff’s actual loss, paid to compensate the plaintiff for hurt feelings or mental stress caused by the defendants particularly outrageous behaviour.

Question 52

Factum

Answer 52

Document that sets out the facts, statutes, and cases a party relies on to obtain a favourable decision.

Question 53

Fees

Answer 53

Payment to lawyers for services rendered.

Question 54

Fiduciary Relationship

Answer 54

One-sided relationship where one party relies on the other party’s honesty and advice given in the reliant party’s best interests.

Question 55

Final Order

Answer 55

Order that resolves all of the outstanding issues between the parties.

Question 56

Fixing Costs

Answer 56

Making an order that a specific party pay a specific amount of costs.

Question 57

Garnishment

Answer 57

Notice directed to a third party who owes money to a defendant as a means of enforcing a judgement.

Question 58

General Damages

Answer 58

Monetary damages for pain and suffering that cannot be determined on the basis of a formula.

Question 59

General Heading

Answer 59

Heading on all court documents that identifies the court, the parties, and the status of the parties.

Question 60

Impecunious

Answer 60

Insolvent.

Question 61

Interlocutory Order

Answer 61

Order that resolves only a particular issue in the proceeding; it does not resolve all the issues between the parties.

Question 62

Issuing

Answer 62

Official commencement of court proceedings whereby documents that are originating processes are signed by the registrar, dated, sealed with a court seal, and given a file number.

Question 63

Join (a party or claim)

Answer 63

Add a party to an existing proceeding.

Question 64

Joinder

Answer 64

Describes the process of adding a party or claim to an existing proceeding.

Question 65

Judgement in Personam

Answer 65

Judgement that is binding only on the parties to the proceeding.

Question 66

Judgement in Rem

Answer 66

Judgement that is binding on everyone, whether a party to the proceeding in which the judgement was announced or not.

Question 67

Jurât

Answer 67

Part of an affidavit that appears at the bottom on the left side of the page and begins with the words “Sworn (or affirmed) before me”.

Question 68

Law of Equity

Answer 68

A type of law developed several hundred years ago in England wherein judges, rather than following precedents, look at the issues in a case and apply certain principles to ensure a fair outcome.

Question 69

Lawyer of Record

Answer 69

Lawyer recognized by the court as the legal representative of a party in a proceeding.

Question 70

Leading a Witness

Answer 70

Asking a witness a question that suggests the answer.

Question 71

Leave of the Court

Answer 71

Permission of the court to take a procedural step.

Question 72

Limitation Period

Answer 72

Specified time within which court proceedings must be commenced.

Question 73

Limited Scope Retainer

Answer 73

A Retainer where a lawyer performs some but not all legal services for a client.

Question 74

Litigation Guardian

Answer 74

Competent adult who directs and takes responsibility for the litigation of a legally disabled party, such as a minor, an absentee, or a mentally disabled person.

Question 75

Main Action

Answer 75

Primary case brought by the plaintiff against the defendant.

Question 76

Mandatory Mediation

Answer 76

Process in which disputants are required to allow a neutral third party to facilitate their communication and assist them in negotiating a settlement.

Question 77

Master

Answer 77

Minor judicial official with limited jurisdiction to hear and decide specific legal issues identified by the Rules or statute.

Question 78

Mediation

Answer 78

Process whereby a neutral third party facilitates communication between disputants and assists them in negotiating a solution.

Question 79

Metadata

Answer 79

Information about how data was routed, stored, or transmitted-its “travel” history.

Question 80

Motion

Answer 80

Proceeding within the main proceeding to settle an issue, usually procedural and usually one that has arisen prior to trial.

Question 81

Narrow Questions

Answer 81

Questions in which the interviewer tries to elicit specific information.

Question 82

Non-Pecuniary

Answer 82

Non-monetary.

Question 83

Notice of Action

Answer 83

Document informing defendants that they have been sued.

Question 84

Official Examiner

Answer 84

Individual who is licensed to operate a business to conduct out-of-court examinations, such as cross-examinations on affidavits and discoveries.

Question 85

Open-Ended Questions

Answer 85

Questions that allow the person’s interviewed to choose what they want to talk about to the interviewer.

Question 86

Order

Answer 86

Generic term used in the Rules of Civil Procedure to describe commands issued by the courts on motions and at trials.

Question 87

Originating Process

Answer 87

First document in a lawsuit that tells parties that they are being sued.

Question 88

Partial Indemnity

Answer 88

Usual order for Costs, based on a cost grid that establishes hourly rates for tariff items listed in the grid; provides less than full recovery for the client.

Question 89

Pecuniary

Answer 89

Of monetary value.

Question 90

Perfecting an Appeal

Answer 90

Taking all the necessary procedural steps to ensure that an appeal is ready to be heard.

Question 91

Practice Direction

Answer 91

Instructions set out by a Chief Justice to inform lawyers about special procedures that must be followed in particular courts as a result of administrative needs.

Question 92

Principle Of Proportionality

Answer 92

Requires that the time spent on and the expense of a lawsuitbe in proportion to the value of the case that is at stake for the parties.

Question 93

Pro Bono

Answer 93

Abbreviation of the Latin term pro bono publico, meaning “for the public good,” used where a lawyer takes on a case without charging a fee as part of a duty to see that justice is done.

Question 94

Punitive Damages

Answer 94

Damages in the nature of a fine paid to the plaintiff when the defendants behaviour has been particularly outrageous.

Question 95

Reference

Answer 95

Judicial proceeding used when it is necessary to delve into an issue in detail before a decision can be reached.

Question 96

Refresh the Retainer

Answer 96

Make further deposit against future fees as a case progresses.

Question 97

Refusal

Answer 97

The refusal to answer a question at all; when a party refuses to answer a question, a reason should be given for not answering.

Question 98

Request to Admit

Answer 98

Document in which one party requires the other to admit the truth of a fact or the authenticity of a document.

Question 99

Res Judicata

Answer 99

Latin phrase meaning that a matter decided by a court is final and incapable of being relitigated in a subsequent proceeding.

Question 100

Residual Data

Answer 100

Previous versions of data not currently in use including deleted data.

Question 101

Respondent

Answer 101

Party that answers or defends against an appeal.

Question 102

Retainer

Answer 102

Contract between a lawyer and client describing the services to be provided by the lawyer and the terms of payment by the client; also refers to a cash deposit to be used by a lawyer to pay for future fees and disbursement as they are incurred.

Question 103

Return Date

Answer 103

The date on which the motion will be heard by the court.

Question 104

Return of a Motion

Answer 104

Day on which a motion is “returned” to court for a hearing; the hearing date is also referred to as “the return date”.

Question 105

Reverse Search

Answer 105

A reverse search allows you submit an address, telephone number, or email address to obtain the name of a resident or sunscriber.

Question 106

Service

Answer 106

Process by which documents are brought to the attention of a party in accordance with the Rules or a court order.

Question 107

Setting an Action Down for Trial

Answer 107

Procedure that a party must follow in order to have its case placed on the trial list.

Question 108

Sheriff

Answer 108

Official appointed by the provincial government to assist in various court-related functions, such as the enforcement of orders and judgements.

Question 109

Sittings

Answer 109

A time period during which a specific court may hear cases.

Question 110

Special Damages

Answer 110

Monetary damages that are specific, ascertainable, and measured on an objective basis; sometimes referred to as out-of-pocket expenses.

Question 111

Stay Proceedings

Answer 111

Stop proceedings for a given or indefinite period, pending the fulfillment of a condition without dismissing the proceedings.

Question 112

Stayed

Answer 112

A legal proceeding may be stopped or stayed from proceeding further, or stayed by a judge, until one of the parties does something they are obliged to do; for example, a plaintiff who is suing an unregistered business name will have the proceeding stayed until he or she proves that the name has been registered as legally required.

Question 113

Subrogateur Right

Answer 113

The legal right that a person (or corporation) has when he or she pays someone’s debt to recover that money from the debtor.

Question 114

Substantial Indemnity

Answer 114

Costs scale, usually used as a punitive Costs award, that results in near Indemnity for the winner on a dollar-for-dollar basis.

Question 115

Summary proceedings

Answer 115

Proceedings designed to be conduct quickly and with reduced formality.

Question 116

Summons to Witness

Answer 116

Order of a court telling the person named on the summons to attend a trial and give evidence.

Question 117

Testimony

Answer 117

Oral evidence given by a witness.

Question 118

Third-Party Claim

Answer 118

Claim brought by a defendant in the main action against a person who is not already a party to the main action.

Question 119

Title of Proceedings

Answer 119

Part of the general heading that identifies the parties and their status in a lawsuit.

Question 120

Transcript

Answer 120

Written record of proceedings transcribed word for word.

Question 121

Trial List

Answer 121

List kept by the registrar in each courthouse of cases that are ready for trial.

Question 122

Trial Record

Answer 122

Bound set of documents prepared by the party setting the action down for trial and containing the pleadings of all parties, any relevant orders, all notices, and certificates.

Question 123

Trier of Fact

Answer 123

Judge or jury whose job is to determine the facts of the case from the evidence.

Question 124

True Copy

Answer 124

Copy of an original document that is like the original in every particular, including copies of alterations, signatures, and court file numbers; signatures or other handwritten parts of the original are usually inside quotation marks on the copy.

Question 125

Truing Up

Answer 125

Making a handmade copy of a document at the court counter, usually by adding a seal and the registrar’s signature inside quotation marks by hand, to a photocopy of the original document.

Question 126

Undefended Action

Answer 126

An action in which no statement of defence is delivered.

Question 127

Undertaking

Answer 127

When you cannot answer right now but will undertake to check on a matter and give an answer later.

Question 128

Unincorporated Association

Answer 128

Association of persons formed to carry out a specific purpose and not formally incorporated.

Question 129

Viva Voce Evidence

Answer 129

Oral evidence.

Question 130

Without Prejudice

Answer 130

Term used, usually in correspondence, to indicate that an offer or admission cannot be used against its maker, admitted in evidence, or disclosed to the court.

Question 131

Wood-Shedded

Answer 131

Prepared for later cross-examination by an opposing lawyer.

Question 132

Writ of Seizure and Sale

Answer 132

Order from a court to a sheriff to enforce the court’s order by seizing and selling the defendant’s property and holding the proceeds to satisfy the judgement debt to the plaintiff; also known as a writ of execution.