Law Vocab Quiz - Civil Law

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