1. Plaintiff
The person who starts a lawsuit by filing a complaint.
2. Defendant
The person or party being sued or accused in a civil case.
Also: Read:
- https://swiftlawadvisor.com/20-common-civil-law-cases-and-their-resolutions/
- https://swiftlawadvisor.com/25-key-principles-every-citizen-should-know-about-civil-law/
- https://swiftlawadvisor.com/30-frequently-asked-questions-about-civil-law-explained/
3. Complaint
A formal legal document stating the plaintiff’s claims and the basis for the lawsuit.
4. Answer
The defendant’s written response to the complaint, addressing the allegations.
5. Burden of Proof
The responsibility of the plaintiff to prove their claims by a “preponderance of the evidence.”
6. Preponderance of the Evidence
Civil standard of proof: it is more probable than not that the claim is true.
7. Damages
Monetary compensation given to a plaintiff for losses or injuries.
8. Injunction
A court order requiring a party to do or refrain from doing a specific act.
9. Tort
A wrongful act or infringement of a right leading to civil legal liability.
10. Negligence
Failure to exercise reasonable care, resulting in harm to another person.
11. Breach of Contract
Failure to perform the terms of a legally binding agreement.
12. Specific Performance
A court order requiring a party to perform its obligations under a contract.
13. Settlement
An agreement between parties to settle a dispute without a trial.
14. Mediation
A process in which a neutral third party assists disputing parties in reaching a mutually acceptable agreement.
15. Arbitration
A process in which a neutral arbitrator hears evidence and makes a binding decision.
16. Class Action
A class action filed against a defendant based on common grounds.
17. Statute of Limitations
The time to file a case or sue a defendant in court.
18. Discovery
A pretrial process whereby the parties share some evidence and investigate.
19. Deposition
An out of court, sworn testimony which forms part of discovery
20. Subpoena
A writ calling someone to come and testify in court or present some evidence.
21. Cross Examination
A session whereby the plaintiff examines a defendant’s witness.
22. Verdict
The final decision made by a judge or jury in a trial.
23. Appeal
A request for a higher court to review and potentially reverse a lower court’s decision.
24. Liable
Legal responsibility for an act or omission.
25. Strict Liability
Liability that does not depend on actual negligence or intent to harm.
26. Punitive Damages
Additional monetary damages awarded to punish the defendant for egregious conduct.
27. Compensatory Damages
Monetary compensation for actual losses suffered by the plaintiff.
28. Injunctive Relief
An order requiring a party to do something or to stop doing something.
29. Breach
Failure to fulfill the terms of an agreement or duty.
30. Contract
A legally enforceable agreement between two or more parties.
31. Fiduciary Duty
A legal duty to act in the best interest of another party.
32. Plaintiff’s Counsel
The attorney representing the plaintiff in a civil case.
33. Defendant’s Counsel
The attorney representing the defendant in a civil case.
34. Litigation
The process of taking a dispute to court.
35. Judgment
The final decision of the court resolving the dispute.
36. Summary Judgment
A court decision made without a full trial, based on the evidence presented.
37. Res Judicata
A principle preventing the same case from being tried again once resolved.
38. Equitable Remedies
Non-monetary solutions, such as specific performance or injunctions, provided by the court.
39. Pro Se
Representing oneself in court without an attorney.
40. Contingency Fee
A contingency arrangement is one where the attorney is paid a percentage of the settlement or judgment if she or he wins the case.
