Key Terms Review Sheet CLU3M Civil Law Chapter 11: Resolving Civil Disputes Party who is being sued in a civil lawsuit Person who is suing in a civil lawsuit Legal document in a civil action outlining the plaintiff’s case against the defendant A court order requiring a person to do or not do something Money awarded to a plaintiff for specific out-of-pocket expenses Money awarded to a plaintiff for pain and suffering and for the cost of future care Money awarded to a plaintiff to punish the defendant for bad or uncaring behaviour Level of proof needed to determine liability in a civil case An attempt by a neutral third party to get two opposing parties to come to an agreement A more formal process than mediation to resolve disputes between persons through a third party An informal and voluntary dispute resolution process between the parties involved without the involvement of a third party The process of suing A valid reason for suing Defendant Plaintiff Statement of Claim Injunction Special Damages General Damages Punitive damages Balance of probabilities Mediation Arbitration Negotiation Litigation Cause of action Chapter 12: Negligence and Other Torts Person’s failure to exercise reasonable care that results in harm to others Intentional physical contact harmful or offensive to another person Using land that interferes with another’s enjoyment and use of neighbouring land Holding a blameless person responsible for another’s actions To enter another’s property without consent A person who has control over property and owes visitors a duty of care Defamation in printed or other more permanent form Defamation in oral form The obligation to ensure that others are not harmed by one’s actions The principle that a plaintiff may not recover damages for harm from risks to which he or she consents The ability of a reasonable person to anticipate what might occur from his or her actions The best defence against defamation of character Negligence Battery Nuisance Vicarious Liability Trespass Occupier Libel Slander Duty of Care Voluntary Assumption of Risk Forseeability Truth Word Bank: Mediation Balance of Probabilities Voluntary Assumption of Risk Libel Occupier Injunction Special Damages Nuisance Defendant Plaintiff Cause of Action Negotiation Duty of Care Arbitration Trespass Slander General Damages Battery Truth Punitive Damages Statement of Claim Vicarious Liability Foreseeability Negligence Litigation Possible Essay Question: How does civil law in Canada differ from that of the United States and how does this benefit Canadians?