Resolving Civil Disputes

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40 Terms

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Crimes vs. Torts

Crimes can also lead to civil lawsuits for compensation.

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Higher Courts

Involve more complex cases and recommend legal representation.

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Mediation

Third-party assistance in resolving disputes without decision power.

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Arbitration

Third-party decision-making in dispute resolution.

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Garnishment

A court order that directs the employer of the defendant to deduct wages in order to pay for damages

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Civil Actions

Legal disputes categorized into tort, family, contract, labor, and property law.

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Filing a Claim

Initiated by filing a statement of claim with specific details.

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Defendant's Options

Choices upon receiving a civil action, including settling or going to trial.

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General Damages

Compensation not easily calculated, including pecuniary and non-pecuniary.

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Special Damages

Awarded for specific pre-trial expenses like hospital costs.

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Punitive Damages

Intended to punish defendant for malicious behavior.

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Nominal Damages

Awarded as a moral victory when little harm is suffered.

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Injunction

Court order to refrain from specific actions for a period.

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Enforcing Judgments

Plaintiff's responsibility to collect damages from defendant.

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Alternative Dispute Resolution (ADR)

Civil dispute resolution without a formal trial.

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Examination of the debtor

The defendant fails to comply in paying for damages. Examination of the debtor may occur to settle the claim

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Seizing Assets

If ones income is not enough to pay for damages, assets such as their homes are sold in public auctions. (Defendants are notified by the court beforehand).

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Civil Law

Regulates disputes between individuals.

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Criminal Law

Punishes offenders while protecting society.

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Plaintiff

Initiates a lawsuit.

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Defendant

Responds to a lawsuit.

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Tort Law

Deals with harm to body, reputation, or property.

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Family Law

Involves marriage, divorce, child custody, and support.

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Contract Law

Enforces agreements like non-payment for services.

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Labour Law

Handles workplace disputes like wrongful dismissal.

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Property Law

Resolves ownership or maintenance disputes.

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Civil Courts

Hear complex cases involving monetary claims.

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Small Claims Court

Resolves disputes under a specified monetary limit.

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Balance of Probabilities

Verdicts based on 'more probable than not' in civil cases.

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Limitation Period

Timeframe within which a civil action must be filed.

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Counterclaim

Defendant files a lawsuit against the plaintiff.

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Third-Party Claim

Defendant claims another party is responsible for the dispute.

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Examination for Discovery

Pre-trial process to learn each side's evidence for court.

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Disclosure

Mutual showing of relevant evidence before trial.

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Civil Trials

Decided by judge or jury; civil juries have six members.

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Class Action Lawsuit

Legal action for multiple plaintiffs with a common grievance.

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Remedies

Compensation in private law, often in the form of damages.

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Aggravated Damages

Awarded for mental distress or humiliation.

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Contingency Fees

Lawyer-client payment arrangement based on trial outcome.

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Negotiation

Direct dispute resolution by involved parties.