Quiz 5 Flashcards
Damages
The amount of money that the plaintiff requests of the defendant in a civil suit
Compensatory damages
An award by the jury (or judge) designed to compensate the plaintiff for physical or financial losses
General damages
A monetary award by a jury (or judge) that is closely tied to the defendant’s actions but has no preset or easily quantifiable amount
Special damages
Damages, such as lost wages or medical bills, that can be calculated with specificity
Subrogation
The principle that allows one party to bring suit in the name of another, usually in an insurance setting
Mitigation of damages
The doctrine that holds that it is the plaintiff’s responsibility to lessen his potential injuries or losses by taking reasonable actions to seek medical treatment or take other precautions when a
reasonable person in the same situation would have done so
Equity
A trial court’s authority to order individuals and
corporations to do (or not do) certain activities because they are unjust
Injunction
A court order that demands a certain action or that prohibits a certain action
Declaratory judgment
A court order that specifies the duties and obligations of a party
Temporary restraining order
A type of injunction issued by the court without benefit of a hearing; it specifically describes actions that a person is barred from carrying out and sets a hearing date so that the parties can address the court.
Arbitration
The process of bringing both sides in a civil suit together to negotiate a resolution
submission
The agreement to arbitrate a specific matter or issue raised between the parties
Mediation
The process of submitting a claim to a neutral third party who then makes a
determination about the ultimate liability and award in a civil case
impasse
A declaration by the mediator that the parties are unable to reach an agreement
settlement
A negotiated termination of a case prior to a trial or jury verdict