General Civil Law Terms
Civil Law:
It is the body of law which deals with disputes between individuals or organizations, in relation to rights, obligations, and remedies.
Plaintiff:
The party who initiates a lawsuit by filing a complaint against another party.
Defendant:
The party being sued or accused in a civil lawsuit.
Read Also:
- https://legalnexishub.com/25-common-civil-law-disputes-explained/
- https://legalnexishub.com/20-essential-questions-about-civil-law-and-their-answers/
- https://legalnexishub.com/40-civil-law-faqs-answered-by-experts/
Complaint:
The legal document filed by a plaintiff outlining the claims and basis for the lawsuit.
Answer:
A written answer by the defendant in response to the allegations made in the complaint.
Court Procedures
Jurisdiction:
The power of a court to hear and decide a case on the basis of location and subject matter.
Venue:
The location or court where a case is heard.
Discovery:
The pre-trial process whereby parties exchange information, documents, and evidence relevant to the case.
Deposition:
A sworn, out-of-court testimony given by a witness during the discovery phase.
Subpoena:
An order in law commanding a person to appear in court or to produce certain documents, among others.
Contracts and Agreements
Contract:
A legally binding agreement between two or more parties.
Breach of Contract:
A failure to perform as required by the terms of a contract.
Consideration:
A thing of value exchanged between parties, making a contract valid and enforceable.
Specific Performance:
An order by the court requiring a party to perform according to a contractual obligation rather than payment of damages.
Statute of Frauds:
A legal requirement that certain contracts must be in writing to be enforceable.
Torts and Liability
Tort:
A civil wrong other than for breach of contract, which causes harm or injury to another person.
Negligence:
A failure to exercise reasonable care, causing harm to another person.
Strict Liability:
Liability imposed without regard to fault, but usually will arise in situations involving intrinsically dangerous activities or defective products.
Damages:
Compensation to a plaintiff in monetary terms for injury or harm caused by the defendant.
Punitive Damages:
Deductive additional damages given to punish a defendant for outrageous behavior and to prevent such behavior by others.
Property Law
Easement:
A legal right to use someone else’s land for a specified purpose.
Adverse Possession:
A principle of law where a person may acquire title over land if the person uses the land openly, continuously, and without interruption for a statutory period.
Quiet Title Action:
A lawsuit to settle disputes over property ownership or title.
Encumbrance:
A claim or restriction on a property, such as a lien or easement.
Trespass:
Unauthorized entry onto another person’s property.
Legal Remedies and Outcomes
Injunction:
A court order requiring a party to do or refrain from doing a specific act.
Settlement:
An agreement reached by parties to resolve a dispute without going to trial.
Mediation:
A voluntary process where a neutral third party assists disputing parties in reaching a mutually acceptable resolution.
Arbitration:
A binding process of dispute resolution where an arbitrator makes a decision outside the court.
Statute of Limitations:
The time limit within which a lawsuit must be filed after a legal claim arises.
These terms are foundational for understanding civil law and navigating legal processes effectively.
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