Definitions

Question 1

Litigants

Answer 1

The parties involved in a civil action

Question 2

Plaintiff

Answer 2

The party initiating a legal action

Question 3

Litigation

Answer 3

Legal action to resolve a civil dispute

Question 4

Damages

Answer 4

Compensation for a wrong suffered

Question 5

Defendant

Answer 5

The party being sued in a civil action

Question 6

Balance of probabilities

Answer 6

The weighing of evidence to decide whether the plaintiff’s or the defendants version of events is more convincing or likely to be correct

Question 7

Writ of summons

Answer 7

A legal document that commenced civil actions in some provinces

Question 8

Statement of claim

Answer 8

A document outlining the facts supporting a civil action and the remedy desired

Question 9

Remedy

Answer 9

The relief sought by the plaintiff

Question 10

Particulars

Answer 10

Specific details of a claim in a civil action

Question 11

Default judgement

Answer 11

A judgement against a party who has failed to defend a claim action

Question 12

Statement of defence

Answer 12

The response to the plaintiff’s complaint, denying the allegations In part or in whole

Question 13

Counterclaim

Answer 13

An Independent cause of action brought by the defendant against the plaintiff

Question 14

Third-party claim

Answer 14

A complaint filed by the defendant claiming that another party is at fault

Question 15

Liable

Answer 15

Legally responsible for a wrongful action

Question 16

Examination of discovery

Answer 16

Examination of evidence by both sides before a civil trial

Question 17

Settle out of court

Answer 17

All parties agree to resolve the dispute instead of going to court

Question 18

Class action lawsuit

Answer 18

A lawsuit initiated by a group of people over a complaint common to all

Question 19

Pecuniary damages

Answer 19

Monetary compensation for losses that can be calculated

Question 20

Non-pecuniary damages

Answer 20

Compensation for losses that do not involve an actual loss of money and are difficult to qua tify

Question 21

Aggravated damages

Answer 21

Compensation for intangible losses such as humiliation or distress

Question 22

Special damages

Answer 22

Compensation for out-of-pocket expenses

Question 23

Punitive (or exemplary) damages

Answer 23

Damages imposed to punish the defendant for reprehensible conduct

Question 24

Nominal damages

Answer 24

Minimal compensation is I acknowledge a moral victory

Question 25

Injunction

Answer 25

A court order requiring it prohibiting an action

Question 26

What is an unintentional tort?

Answer 26

A type of unintended accident that leads to injury, property damage, or financial loss.

Question 27

How does the law define a “reasonable person” ?

Answer 27

A hypothetical person used as a legal standard to determine whether the conduct of the parties in a case was proper in the circumstances.

Question 28

What is meant by contributory negligence? Use an example to illustrate your answer.

Answer 28

Contributory negligence: Contributory negligence is a common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm.

Ex) For example, in a car accident between car A and car B, car A’s driver was speeding and car B’s driver was driving drunk. Both drivers are engaged in contributory negligent.

Question 29

Identify three defences, other than contributory negligence, that a defendant may use in a tort action.

Answer 29

• inevitable accident
• voluntary assumption of risk
  -explanation
  -act of god