Legal Studies - Civil Law
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18 Terms
Civil dispute
A disagreement two or more individuals (or groups) in which one of the individual (or groups) makes a legal claim against the other.
Parties need to consider:
Who the plaintiff might be and who the defendant might be
Possible plaintiffs can be:
Aggrieved party and other victims
Aggrieved party
The person whose rights have been infringed and who has suffered.
Class action
A legal proceeding in which a group of seven or more people who have a claim against the same person based on similar or related facts bring that claim to court in the name of one person (also known as a ‘representative proceeding’ or ‘group proceeding’).
A class action consists of two roles, they are:
lead plaintiff and group members
Lead plaintiff
The one who represents the group members (can also be referred to as the representative plaintiff).
Group members
People who are apart of a class action.
Other victims
A plaintiff can be a person who has indirectly suffered loss as a result of the actions of another party.
Nervous shock
A psychological reaction; psychological arm that is more serious than ordinary grief or stress.
Possible defendants can be:
The wrongdoer, employer,
The wrongdoer
The main person or company that caused the plaintiff’s loss.
General damages
A type of remedy that requires the payment of a sum of money to compensate for loss that cannot easily be quantified (e.g. pain and suffering).
Vicarious liability
The legal responsibility of a third part for the wrongful acts of another.
Why does the employer have vicarious liability?
They have the right, ability, and duty to control the activities of the wrongdoer.
Where would vicarious liability appear?
Negligence claims
Accessorial liability
The responsibility imposed on one person for the wrongdoing of another, where there is a connection to the wrongdoing (e.g. where the first person encourages the other person to cause harm).
A person may be involved in wrongdoing if they:
aided, abetted, or procured the wrongdoing.