civil law

Plaintiff

The person or party initiating the lawsuit who claims to have suffered harm or loss.

Defendant

The person or party being sued who must defend their actions.

Balance of Probabilities

The standard of proof required in a civil trial, where the plaintiff must prove their version of events is more likely true than not.

Cause of Action

The legal basis or reason for a lawsuit, such as breach of contract, negligence, or assault.

Defence or Reply

The formal written response filed by the defendant to contest the plaintiff’s claims.

Payment into Court

An official offer by the defendant to settle the case early by paying an amount into a court account.

Counterclaim

A claim made by the defendant against the plaintiff, asserting that the plaintiff is responsible for damages.

Third Party Claim

A claim by the defendant against an outside party, arguing they should pay for damages if found liable.

Default Judgement

A judgment awarded in favor of the plaintiff if the defendant fails to respond within the required time.

Out-of-Court Settlement

An agreement reached privately to resolve the dispute before a final court judgment.

Pre-Trial Settlement

A formal meeting to clarify issues and attempt to resolve the case without a trial.

Examination for Discovery

A pre-trial process where both sides question each other under oath to inspect evidence.

General Damages

Money awarded for losses that cannot be precisely calculated, such as pain and suffering.

Special Damages

Compensation for specific expenses that can be easily calculated with receipts.

Punitive Damages

Extra money awarded to punish the defendant for malicious or outrageous behavior.

Aggravated Damages

Money awarded when the defendant’s malicious behavior caused exceptional emotional distress.

Nominal Damages

A small amount of money awarded when the plaintiff suffered no actual harm.

Injunctions

A court order requiring a person to do something or stop doing something.

Garnishment

A legal order where a portion of the debtor's money is intercepted to pay off the judgment.

Seizing Assets

A court order allowing a sheriff to take the debtor's property and sell it to pay back the plaintiff.

Examination of the Debtor

A hearing where the debtor must explain their financial situation under oath.

Negotiation

An informal process where disputing parties communicate directly to find a solution.

Mediation

A structured process where a neutral third party helps the disputing parties reach an agreement.

Arbitration

A formal process where a neutral third party makes a final, legally binding decision.

Duty of Care

The legal obligation to avoid actions that could foreseeably harm others.

Breach of Duty of Care

Failing to meet the required standard of care.

Reasonable Person Standard

The standard used to judge behavior; what a careful, ordinary person would do in a situation.

Causation

The requirement that the plaintiff proves the defendant's actions directly caused the injury.

Contributory Negligence

A defense showing that the plaintiff’s own actions contributed to their injuries.

Voluntary Assumption of Risk

The defense that the plaintiff chose to participate in an activity knowing the risks.

Inevitable Accident

A defense asserting that an accident happened due to an unpredictable event.

Occupiers’ Liability

An occupier's duty to ensure premises are safe for people entering the property.

Invitees

People invited onto property for business, owed the highest standard of care.

Licensees

People entering a property for non-business purposes, owed warnings of hidden dangers.

Trespassers

People entering a property without permission, generally owed no duty of care.

Private Nuisance

Unreasonable interference with a neighbor's ability to enjoy their property.

Public Nuisance

Interference affecting the health, safety, or comfort of the public.

Consent

The defendant can argue that the plaintiff agreed to the physical contact or entry.

Self-defense

The use of reasonable force to protect oneself from immediate harm.

Defamation

An intentional tort involving false statements that damage a person's reputation.

Slander

Defamation that is spoken or expressed in a temporary form.

Libel

Defamation that is recorded in a permanent form.

Truth (Justification)

An absolute defense in defamation if the statements made are completely true.

Absolute Privilege

Protection from defamation lawsuits for statements made in essential free speech contexts.

Qualified Privilege

Protection granted for statements made in good faith as part of a duty.

Fair Comment

Protection for honest, subjective expressions of opinion on matters of public interest.

ligation

The process of resolving a dispute through the civil court system (a lawsuit).