Civil Procedure Practice Flashcards

A complete set of vocabulary flashcards defining key legal terms, procedures, and relevant case law found in the Civil Procedure Konki Notes.

Substantive law

The law which governs the rights of persons and outlines remedies for their breach, such as tort or contract law.

Procedural law

The law which determines the mode and manner by which rights given under substantive law may be enforced in order to achieve a desired remedy.

Civil procedure

The body of rules that regulate the conduct of civil proceedings, laying down methods for commencement, steps at particular stages, and modes of enforcing judgment.

Boyefio v NTHC Properties Ltd

A case establishing the principle that where an enactment prescribes a special procedure, that procedure alone must be followed.

Rules of Court

Rules formulated as Constitutional Instruments (C.I.) to guide and control the conduct of civil proceedings in various courts.

Beng v Nyarko

A case holding that there are no vested rights in procedure, meaning alterations in form of procedure are always retrospective unless a good reason exists otherwise.

Originating processes

Documents used to initiate a lawsuit, such as a writ of summons, originating motion, or petition.

Statement of Claim

A document forming part of the pleadings upon which the Plaintiff summarizes their story at the time of filing a Writ of Summons.

Entry of Appearance

The formal process by which a defendant acknowledges legal proceedings initiated against them, usually within $8$ days after service of the writ.

Case Management Conference (CMC)

A stage where the court ascertains if parties have complied with orders, agreement is reached on a trial timetable, and a trial date is fixed.

Affidavit

A written sworn statement of evidence.

Attachment

The seizure of a defendant's property in payment for a judgment entered in favor of the plaintiff.

Applicant

A party making an application to the court or petitioning for some action.

Cause of Action

The sum total of material facts required to establish a legal or equitable right which may lead to the grant of a remedy by the court.

Contribution

A right of a party to recover from a third person all or part of the amount which he himself is liable to pay.

Counterclaim

A claim brought by a defendant in response to the plaintiff's claim, included in the same proceedings.

Default Judgment

Judgment rendered against a party who has failed to perform an action required by law, such as failing to answer or appear within a specified time.

Discovery

The process by which parties to a lawsuit request and obtain relevant information and documents from each other.

Indemnity

A right of someone to recover from a third party the whole amount which he himself is liable to pay.

Motion

An application in the form of a written request asking the court to order a certain action.

Pleadings

Formal written documents filed by parties in a civil litigation case that set forth their respective averments of fact and law.

Process

Official documents or writs issued by courts in connection with pending suits.

Service of Processes

The steps required by rules of court to bring documents used in court proceedings to a person's attention.

Strike out

The court ordering written material to be deleted so that it may no longer be relied upon.

Locus Standi

The capacity of a party to sue or be sued.

Liquidated claim

A demand for a specific sum of money that can be precisely determined through an agreement or operation of law.

Person with disability

A person below $18$ years or a person certified by a medical officer as incapable of managing their own affairs due to mental illness or infirmity of mind.

Next friend

An individual who represents a person with disability in court as a plaintiff.

Guardian ad litem

An individual who acts on behalf of a person with disability to defend an action against them.

Concurrent writ

A duplicate copy of an original writ issued for purposes such as serving multiple defendants in different locations.

Joint liability

Liability shared by two or more persons for the same obligation; performance by one party discharges the others.

Several liability

Liability where two or more persons individually and separately make a promise to perform an obligation; performance by one does not discharge the others.

Misjoinder

Occurs when an unnecessary party who has no interest in the dispute is improperly included in a lawsuit.

Non-joinder

Occurs when a necessary or proper party is left out of a suit.

Personal service

Actual delivery of a process directly to the person to whom it is directed or someone authorized to receive it.

Substituted service

Service effected in a manner other than personal service by order of a judge when personal service is impracticable.

Unconditional Appearance

Filing an appearance when the defendant wishes to defend the action and submits to the jurisdiction of the court without reservations.

Conditional Appearance

An appearance in qualified terms, reserving the right to apply to the court to set aside a writ for lack of jurisdiction or irregularity.

Traverse

A complete and categorical denial of a matter of fact alleged in the opposing party's pleading.

Confession and Avoidance

A type of pleading where a party admits alleged facts but alleges fresh facts (like acts of God or statute of limitation) to negate liability.

Rule against departure

A rule preventing a party from making an allegation of fact or raising a new claim inconsistent with their previous pleading.

Summary judgment

A judgment given on the merits without a full trial when the respondent has no bona fide defense to the claim.

Third party proceedings

An action where a defendant brings in a non-party to claim contribution, indemnity, or other relief connected to the plaintiff's original claim.

Amendment

The process of correcting errors, adding material facts, or removing irrelevant facts from a writ or pleadings.

Final judgment

A judgment that disposes of the subject matter of a controversy or determines the litigation as to all parties on its merits.

Interlocutory judgment

A judgment that establishes the right of a party to recover or settles a subordinate question but does not finally adjudicate the ultimate rights.

Writ of Fieri Facias (FiFa)

A writ of execution used to seize and sell properties of a judgment debtor to satisfy a money debt.

Garnishee proceedings

A process by which money due to a judgment debtor from a third party (like a bank) is attached to satisfy a judgment debt.

Probate

A certificate granted by the court signifying that a Will has been duly proved and authorizing the executor to administer the estate.

Letters of Administration

Authority granted by the court to an administrator to manage the estate of a person who died intestate or without an executor.

Caveat

A notice or warning filed by a person claiming an interest in an estate to stop the grant of probate or letters of administration without notice to them.

Testamentary script

A Will, draft of a Will, or any document purporting to evidence the contents of a Will.