Final Exam (Civil Procedures)* Flashcards
Litigants
The parties involved in a civil action.
Plaintiff
The party initiating legal action.
Litigation
The legal action to solve civil dispute.
Damages
Compensation for a wrong, harm, or loss suffered.
Defendant
The party being sued in a civil action.
Balance of Probabilities
The weighing of evidence to determine whether the plaintiff’s or the defendant’s recollection of the events is more convincing and probable.
Next Friend
An adult who represents a minor or a person with a disability when initiating a civil lawsuit.
Guardian Ad Litem
The representative appointed to a minor or a person with a disability who is being sued.
Pleadings
Documents stating formal allegations by the parties, which help the judge understand the details of the case.
Writ of Summons
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.
Statement of Claim
A legal document that commences civil action in most provinces. It outlines the facts of the civil action as well as the remedy desired.
Remedy
The legal relief sought by the plaintiff.
ex: monetary compensation
Particulars
Specific details of a claim in a civil action, which the defendant can ask for if information is lacking.
Default Jugement
The judgment against the defendant that occurs when they have ignored or failed to defend the statement of claim.
Statement of Defence
The response to the plaintiff’s claim, denying the allegations in part or in whole.
Counterclaim
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
Third-Party Claim
A complaint filed by the defendant claiming that a third party is completely or partially at fault.
Liable
Being legally responsible for a wrongful action.
Cross-Claim
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
Examination for Discovery
An examination of evidence by both parties before a civil trial.
Affidavit of Documents
A list of documents relevant to the case, which will be used at trial.
Privileged Documents
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
Settle out of Court
All parties agreeing to resolve the dispute instead of going to court.
Class Action Suit
A lawsuit initiated by a group of people over a common complaint.
