Final Exam (Civil Procedures)*

Question 1

Litigants

Answer 1

The parties involved in a civil action.

Question 2

Plaintiff

Answer 2

The party initiating legal action.

Question 3

Litigation

Answer 3

The legal action to solve civil dispute.

Question 4

Damages

Answer 4

Compensation for a wrong, harm, or loss 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 determine whether the plaintiff’s or the defendant’s recollection of the events is more convincing and probable.

Question 7

Next Friend

Answer 7

An adult who represents a minor or a person with a disability when initiating a civil lawsuit.

Question 8

Guardian Ad Litem

Answer 8

The representative appointed to a minor or a person with a disability who is being sued.

Question 9

Pleadings

Answer 9

Documents stating formal allegations by the parties, which help the judge understand the details of the case.

Question 10

Writ of Summons

Answer 10

A legal document that commences civil action in some provinces. It is issued by the Court to inform the defendant of the claim and orders them to respond.

Question 11

Statement of Claim

Answer 11

A legal document that commences civil action in most provinces. It outlines the facts of the civil action as well as the remedy desired.

Question 12

Remedy

Answer 12

The legal relief sought by the plaintiff.

ex: monetary compensation

Question 13

Particulars

Answer 13

Specific details of a claim in a civil action, which the defendant can ask for if information is lacking.

Question 14

Default Jugement

Answer 14

The judgment against the defendant that occurs when they have ignored or failed to defend the statement of claim.

Question 15

Statement of Defence

Answer 15

The response to the plaintiff’s claim, denying the allegations in part or in whole.

Question 16

Counterclaim

Answer 16

An independent cause of action brought by the defendant against the plaintiff.

ex: Sally sues Rob for sexual assault, and Rob could counterclaim by saying that she had sexually assaulted him

Question 17

Third-Party Claim

Answer 17

A complaint filed by the defendant claiming that a third party is completely or partially at fault.

Question 18

Liable

Answer 18

Being legally responsible for a wrongful action.

Question 19

Cross-Claim

Answer 19

A claim made between parties on the same side of litigation.

ex: A plaintiff making a claim against a co-plaintiff or a defendant making a claim against a co-defendant to shift the blame

Question 20

Examination for Discovery

Answer 20

An examination of evidence by both parties before a civil trial.

Question 21

Affidavit of Documents

Answer 21

A list of documents relevant to the case, which will be used at trial.

Question 22

Privileged Documents

Answer 22

Records and information that can be excluded by the other party during a civil trial.

ex: comments made during an attempt to settle before trial

Question 23

Settle out of Court

Answer 23

All parties agreeing to resolve the dispute instead of going to court.

Question 24

Class Action Suit

Answer 24

A lawsuit initiated by a group of people over a common complaint.

Question 25

Binding

Answer 25

Conclusive and enforceable in the courts.

Question 26

Pecuniary Damages

Answer 26

Monetary compensation for losses that can be calculated.

*calculated, as in being able to know how much money the plaintiff loss, such as loss of futur earnings

Question 27

Non-Pecuniary Damages

Answer 27

Compensation for losses that do not involve any actual loss of money and are difficult to quantify.

Question 28

Aggravated Damages

Answer 28

Compensation for intangible losses such as humiliation or distress.

Question 29

Special Damages

Answer 29

Compensation for out-of-pocket expenses.

ex: therapy, ambulance services, vehicles repairs

Question 30

Punitive (or exemplary) Damages

Answer 30

Damages imposed to punish the defendant for their conduct.

Question 31

Nominal Damages

Answer 31

Minimal compensation to acknowledge a moral victory.

Question 32

Specific Performance

Answer 32

A court order requiring a party to fulfill the terms of a contract.

Question 33

Injunction

Answer 33

A court order requiring or prohibiting an action.

ex: an injunction mandating workers on strike to return to work

Question 34

Garnishment

Answer 34

A court order requiring a third party to pay the plaintiff money owed to the defendant.

Question 35

Alternative Dispute Resolution

Answer 35

A way to settle disagreements other than litigation.

Question 36

Negotiation

Answer 36

A process where both parties communicate to reach a mutual agreement.

Question 37

Mediation

Answer 37

A process where a neutral third party intervenes to bring opposing parties to an agreement.

Question 38

Arbitration

Answer 38

A process where a neutral third party hears both sides of the dispute and makes a binding decision.