Trial Procedures
a legal document filed by the plaintiff to initiate a civil action
What is a statement of claim or claim?
damages awarded for financial losses such as loss of future earning and cost of future care; part of general damages
What is pecuniary loss?
(1) the party being sued in a civil action; (2) the party being charged in a criminal offence
Who is the defendant?
a term of processes such as mediation, negotiation, arbitration, and settlement designed to resolve or settle disputes without formal trials
What is alternative dispute resolution (ADR)?
insurance that is paid to the injured party promptly by the insurer, regardless of who is at fault in an accident
no fault insurance
(1) an order to appear in criminal court; (2) an order to a defendant requesting him or her to appear for trial to defend a plaintiff’s claim
What is a summons?
damages awarded for such intangibles as loss of enjoyment of life, pain and suffering
What are non-pecuniary losses?
the party suing in a civil action
Who is a plaintiff?
an informal and voluntary civil dispute resolution process between the parties involved without the involvement of a third party
What is negotiation?
a court order directing a person to do or not to do something
What is an injunction?
the degree of proof in a civil action
What is balance of probabilities?
money awarded to a plaintiff, as a deterrent, for the purpose of punishing the defendant for an uncaring or violent act
What are exemplary or punitive damages?
the parties involved in a civil action; the plaintiff and the defendant
Who are the litigants?
attempt by a third person to get two opposing parties to come to an agreement
What is mediation?
a meeting of the parties in a civil action with a judge to clarify and narrow the issues in dispute prior to trial
What is a pre trial conference?
a civil pre-trial process to disclose civil evidence and relevant documents and to reach agreement on certain issues to be presented at trial
What is examination of discovery?
money awarded to a plaintiff for specific out-of-pocket expenses
What are special damages?
an adult who represents a minor in a civil action
an opportunity to resolve a civil dispute to each party’s satisfaction before proceeding to trial
What is an out of court settlement?
a process in which a defendant's money or goods in the hands of a third person are attached by a plaintiff to settle an unpaid judgment
a defendant's claim in a civil action in response to the plaintiff’s related claim; action between two opposing parties
a small sum of money awarded to a plaintiff who has won a civil action but has not suffered substantial harm or loss; money awarded for a moral victory
a person who represents a minor who is being sued
Who is a guardian ad litem?
a process for resolving disputes between persons through a third party whose decision is final and binding
What is arbitration?
arrangement between lawyer and client in which the lawyer will be paid a percentage of whatever sum of money is awarded to the client at trial
What is a contingency fee system?