Defintiions Flashcards
Tort
An area of law where one party is suing another for compensation for harm, loss or injury that was caused.
Plaintiff
The individual or party that is putting forth the lawsuit (the person suing).
Defendant
The individual or party that is being sued.
Statement of Claim (Cause of Action
The originating process of a lawsuit in which the defendants are named and the basis of the lawsuit is described.
Statute of Limitations
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).
Balance of Probabilities
In deciding upon a tort case the judge or jury will base their decision on what/who sounds more likely/believable.
Negligence
Failure to take reasonable or proper care in preventing harm, loss or injury.
Causation
The connection between the harm, loss and injury that occurred and the action or lack of action from the defendant
Duty of Care
The responsibility or legal obligation of a person or organization to avoid acts or omissions that could likely cause harm to others
Foreseeability
The ability to reasonably foresee the possible consequences of one’s action or inaction.
Reasonable Person
Did one act as we would expect a reasonable person in society would.
Remoteness
Was the action or inaction responsible for the harm, loss or injury or was it too indirect.
General Damages
Damages awarded for items such as emotional harm, loss of enjoyment in life, pain and suffering.
Special Damages
- Damages awarded for items that may easily be calculated such as lost wages and medical costs.
Punitive Damages
- Damages awarded to punish the defendant in order to deter that behaviour specifically and generally.
) Nominal Damages
Small damages awarded sometimes for moral victory (e.g. plaintiff was correct but not worthy of significant compensation.
Examination of the Debtor
A process of the courts investigating the financial situation of the defendant in order to determine a payment plan.
Garnishment
A % of the defendant’s paycheque is taken by the courts and provided to the plaintiff until full payment has been achieved.
Litigation
The process of taking legal action e.g. putting forth a lawsuit.
Class Action Lawsuit
A group of individuals that act collectively in putting forth a lawsuit against a common defendant.
Small Claims Court
A court used to settle claims of less than $35000 in a faster manner with no legal representation being required.
Contingency Fee
The lawyer representing the plaintiff receives a percentage of the settlement if the case is won otherwise no payment is received by the lawyer.
Examination for discovery
The out of court questioning of the parties involved in a lawsuit prior to the trial.
Alternative Dispute Resolution
An attempt to resolve a dispute without using the court/trial process.
Arbitration
A neutral third party, agreed upon by both parties, listens to the facts and comes up with a resolution.
Mediation
A neutral third party listens to the parties involved and attempts to guide them to an agreed upon resolution.
Defamation
An untrue/unfair statement that causes harm to one’s reputation and causes damage.
Libel
Defamation in a written form.
Slander
Verbal defamation.
