GLOSSARY TERMS - Be sure to review these prior to exam

punitive damages awarded a plaintiff for particularly outrageous behaviour on the part of the defendant

the area of law dealing with individuals’ relations with each other

a document in a civil action explaining the plaintiff’s case

the body of law that gradually developed in English courts based on judges’ decisions

a fee paid a lawyer – and worked out before the trial – that is a percentage of the amount awarded the client

negligent behaviour on the plaintiff’s part that contributed to his or her loss

a defendant’s claim in a civil suit that the plaintiff was in fact at fault

the prosecutor in a criminal case - the person whose job it is to prove the defendant guilty beyond a reasonable doubt

money awarded to a plaintiff by a court to compensate for a wrong suffered

a decision in a civil case in the plaintiff’s favour because the defendant did not dispute the claim

a document explaining a defendant’s response to a claim in a civil suit

the party being sued in a civil court case; the party changed in a criminal case

a responsibility not to cause harm to others

a pre-trial process whereby the parties to a civil suit disclose evidence to each other and reach some agreements

the ability of a “reasonable person” to predict the likely effects of his or her actions

to take money under a court order, usually from a bank account or from wages

money awarded a plaintiff to compensate for suffering, loss of enjoyment, and future financial lossIndependent contractor
a person who contracts with another party to do a specific task without direction from the hiring party

a minor (someone under the age of majority)

a patient’s agreement to a medical procedure after learning about all the risks involved

a person on another person's premises with permission for any reason other than a social call

a concise description of the duties and requirements of a specific occupation

legal responsibility for harm to others

insurance intended to cover the costs of parties who may be injured the actions or the negligence of the insured party

a person on another’s premises with permission for a purpose other than business - an example of this is a social guest

the parties involved in litigation – plaintiff and defendant

the disputing of a civil case in court

any serious risk inherent in a proposed medical procedure

a person under the age of majority (in Alberta, 18 years)

the failure of one party to use reasonable care that results in an injury or loss to one or more other parties

insurance that is paid promptly to an injured party regardless of who is at fault for the injury sustained

money awarded on principle to a plaintiff who has not really suffered much harm

the occupier of a premises, whether the owner or a renter

the responsibility owed by occupiers of a premises to others who come onto the property they occupy

an agreement to settle a civil dispute without actually proceeding to a trial

the liability of parents for the actions of their children

the party bringing a legal action against another party in civil court

the written documents that parties to a civil suit exchange to explain their cases

a meeting, taking place before a trial, in which the parties to a civil action, along with their lawyers and the judge, meet to try to reach an out-of-court settlement

a previous court decision that lower courts must follow when making decision in similar cases

the direct cause of a person’s loss or injury

money awarded a plaintiff in order to punish the defendant

a fictional person whose standard of behaviour is used by the courts to determine if negligence has occurred

the legal principle that the facts speak for themselves

money awarded a plaintiff to cover exact out-of-pocket expenses

the degree of caution used by a reasonable person in doing things that might create a risk for others

the document filed by a plaintiff to begin a civil action in a higher court (such as Alberta’s court of Queen’s Bench)

the defense document explaining a defendant’s response to a claim in a civil suit in a higher court (such as Alberta’s Court of Queen’s Bench)

a law passed by a government

liability that results when a legal activity causes harm to another event if no negligence is involved

an order to a defendant in a civil case requesting him or her to appear for trial

a civil wrong other than a breach of contract

a person on another’s property without permission

the liability of a person (such as a parent) for the actions of someone else (such as his or her child)

the principle that if people voluntarily consent to a known risk, they won’t be compensated – or will be awarded smaller damages – if foreseeable injury occurs

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