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Litigation
the process of suing
Negotiation
2 parties discuss without a third party
Balance of probabilities
verdicts are based on the concept of being beyond a reasonable doubt, “more probable than not” must be convinced
Default judgement
is awarded to the plaintiff if the defendant ignores the claim
plaintiff
party that initiates the lawsuit and presents evidence first
defendant
party that must respond to the lawsuit and presents evidence second
claim
filing a lawsuit for what happened
general damages
cannot be easily or precisely calculated (ex. mental pain, loss of income)
special damages
specific out of pocket expenses before the trial (ex. hospital fees, therapy fees)
punitive damages
meant to punish defendant for misbehaviour (made to punish defendant by making them pay more, not as much to repair harm to plaintiff)
injunction
court order that directs someone to avoid doing something for a time period or else they may receive fines or jail time
garnish
defendant may have wages garnished - percent of their income directed to paying damages
arbitration
third party that decides what the next steps are
mediation
third party is brought in but cannot make a binding decision about the parties next steps
defense
the side that defends itself from claims being made
cause of action
legal right to seek remedy since the defendant breached an obligation to the plaintiff
Note
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