30 Key Civil Law Terms You Should Know

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.

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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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