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Ch13 civil procedure

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