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Ch13 civil procedure
| Term | Definition |
|---|---|
| Plaintiff | The party initiating a legal action |
| Damages | Compensation for a wrong suffered |
| Balance of probabilities | The weighing of evidence to decide whether the plaintiff's of the defendant's version of events is more convincing or more likely to be correct. |
| Guardian as litem | The person appointed to act on behalf of a minor or person under a disability who is being sued |
| Writ of summons | A legal document that commences civil actions in some provinces |
| Remedy | The relief sought by the plaintiff |
| Default judgment | A judgment against a party who has failed to defend a claim action. |
| Counter claim | An independent cause of action brought by the defendant against the plaintiff |
| Liable | Legally responsible for a wrongful action |
| Examination for discovery | Examination of evidence by both sides before a civil trial |
| Privileged documents | Records and information that can be excluded from examination by the other side in a civil action. |
| Binding | Final and enforceable in the courts |
| Non-pecuniary damages | Compensation for losses that do not involve an actual loss of money and are difficult to quantity |
| Special damages | Compensation for out-of-pocket expenses |
| Nominal damages | Minimal compensation to acknowledge a moral victory |
| Litigants | The parties involved in a civil action |
| Specific performance | A court order requiring a party to fulfill the term of a contract |
| Garnishment | A court order requiring a third party (such as the defendant's employer) to pay the plaintiff money owed t the defendant. |
| Negotiation | A process where by both parties communicate to reach a mutually acceptable agreement |
| Arbitration | A process in which a neutral third party hears bth sides of the dispute and makes a binding decision. |
| Punitive (or exemplary) damages | Damages imposed to punish the defendant for reprehensible conduct |
| Injunction | A court order requiring a prohibiting an action |
| Alternative dispute resolution (ADR) | A way to settle disagreements other than by litigation |
| Mediation | A process in which a natural third party intervenes to bring opposing parties to an agreement |
| Litigation | Legal action to resolve a civil dispute |
| Defendant | The party being sued in a civil action |
| Next Friend | An adult who represents a child or a person under a disability who initiates a civil lawsuit |
| Pleading | Documents stating formal allegations by the parties regarding their claims and defences |
| Particulares | Specific details of a claim in a civil action |
| Statement of claim | A document outlining the facts supporting a civil action and the remedy desired |
| Statement of defence | The response to the plaintiff's complaint, denying the allegations in part or in whole |
| Third-party claim | A complaint by the defendant claiming that another party is at fault |
| Cross-claim | A claim made between parties on the same side of the litigation |
| Affidavit of documents | A list of documents relevant to the case that will be used at trial |
| Settle out of court | All parties agree to resolve the dispute instead of going to court |
| Pecuniary damages | Monetary compensation for losses that can be calculated |
| Aggravated damages | Compensation for intangible losses such as humiliation or distress |
| Punitive (or exemplary) damages | damages imposed to punish the defendant for reprehensible conduct |
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