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19 Cards in this Set

  • Front
  • Back

Default judgment

Decision made in plaintiffs favour when defendant does not reply to plaintiffs claim with required time period

Plaintiff

Party who is suing

Litigation

Process of suing

Examination of Discovery

Pre-trial process in which each side discloses all evidence and certain issues are discussed and agreed upon

Mediation

An attempt by a neutral third party to get two opposing parties to come to an agreement

Injunction

Court order requiring person to do or not to do something

Defence

A defendants response to a plaintiffs claim

Cause of action

A valid reason for suing

Balance of probabilities

Proof needed in civil action

Punitive damages

Damages awarded to plaintiff to punish defendant for bad or uncaring behaviour

Garnishment

Procedure by which defendants money is in hands of third party is claimed by plaintiff to settle unpaid judgment

Special damages

Money awarded to plaintiff for specific out of pocket expenses

General damages

Money awarded to plaintiff for pain and suffering and for cost of future care and losses

Claim

Legal document in civil cases

Contingency fees

Payment for legal services based on a percentage of damages if case is successful

Negotiation

An informal and voluntary dispute resolution process between parties involved without involved third party

Arbitration

Process more formal than mediation for resolving disputes between persons through a third party

Defendant

Person who is being sued

Vicarious liability

Employer responsible for actions of employee