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Ch13 civil procedure

TermDefinition
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
Created by: slslozzy