Defintiions

Question 1

Tort

Answer 1

An area of law where one party is suing another for compensation for harm, loss or injury that was caused.

Question 2

Plaintiff

Answer 2

The individual or party that is putting forth the lawsuit (the person suing).

Question 3

Defendant

Answer 3

The individual or party that is being sued.

Question 4

Statement of Claim (Cause of Action

Answer 4

The originating process of a lawsuit in which the defendants are named and the basis of the lawsuit is described.

Question 5

Statute of Limitations

Answer 5

A limiting time period in which a lawsuit may be put forth after the harm, loss or injury is caused (generally 2 years in Ontario).

Question 6

Balance of Probabilities

Answer 6

In deciding upon a tort case the judge or jury will base their decision on what/who sounds more likely/believable.

Question 7

Negligence

Answer 7

Failure to take reasonable or proper care in preventing harm, loss or injury.

Question 8

Causation

Answer 8

The connection between the harm, loss and injury that occurred and the action or lack of action from the defendant

Question 9

Duty of Care

Answer 9

The responsibility or legal obligation of a person or organization to avoid acts or omissions that could likely cause harm to others

Question 10

Foreseeability

Answer 10

The ability to reasonably foresee the possible consequences of one’s action or inaction.

Question 11

Reasonable Person

Answer 11

Did one act as we would expect a reasonable person in society would.

Question 12

Remoteness

Answer 12

Was the action or inaction responsible for the harm, loss or injury or was it too indirect.

Question 13

General Damages

Answer 13

Damages awarded for items such as emotional harm, loss of enjoyment in life, pain and suffering.

Question 14

Special Damages

Answer 14

• Damages awarded for items that may easily be calculated such as lost wages and medical costs.

Question 15

Punitive Damages

Answer 15

• Damages awarded to punish the defendant in order to deter that behaviour specifically and generally.

Question 16

) Nominal Damages

Answer 16

Small damages awarded sometimes for moral victory (e.g. plaintiff was correct but not worthy of significant compensation.

Question 17

Examination of the Debtor

Answer 17

A process of the courts investigating the financial situation of the defendant in order to determine a payment plan.

Question 18

Garnishment

Answer 18

A % of the defendant’s paycheque is taken by the courts and provided to the plaintiff until full payment has been achieved.

Question 19

Litigation

Answer 19

The process of taking legal action e.g. putting forth a lawsuit.

Question 20

Class Action Lawsuit

Answer 20

A group of individuals that act collectively in putting forth a lawsuit against a common defendant.

Question 21

Small Claims Court

Answer 21

A court used to settle claims of less than $35000 in a faster manner with no legal representation being required.

Question 22

Contingency Fee

Answer 22

The lawyer representing the plaintiff receives a percentage of the settlement if the case is won otherwise no payment is received by the lawyer.

Question 23

Examination for discovery

Answer 23

The out of court questioning of the parties involved in a lawsuit prior to the trial.

Question 24

Alternative Dispute Resolution

Answer 24

An attempt to resolve a dispute without using the court/trial process.

Question 25

Arbitration

Answer 25

A neutral third party, agreed upon by both parties, listens to the facts and comes up with a resolution.

Question 26

Mediation

Answer 26

A neutral third party listens to the parties involved and attempts to guide them to an agreed upon resolution.

Question 27

Defamation

Answer 27

An untrue/unfair statement that causes harm to one’s reputation and causes damage.

Question 28

Libel

Answer 28

Defamation in a written form.

Question 29

Slander

Answer 29

Verbal defamation.