Civil Law Cheat Sheet

The core ideas of Civil Law distilled into a single, scannable reference — perfect for review or quick lookup.

PiqCue — piqcue.com/civil-law/cheatsheet

Quick Reference

Tort Law

The area of civil law dealing with wrongful acts (other than breach of contract) that cause harm to another person, giving rise to a legal liability. Torts may be intentional, negligent, or based on strict liability.

Breach of Contract

A violation of a contractual obligation when one party fails to perform their duties under a legally binding agreement. The non-breaching party may seek damages or specific performance as a remedy.

Burden of Proof (Preponderance of the Evidence)

In civil litigation, the standard of proof requiring the plaintiff to demonstrate that their claim is more likely true than not, meaning the evidence must tip the scales beyond 50 percent probability.

Damages

Monetary compensation awarded by a court to a person who has suffered loss or injury due to the wrongful act of another party. Damages may be compensatory, nominal, or in some cases punitive.

Negligence

A failure to exercise the level of care that a reasonably prudent person would under similar circumstances, resulting in harm to another. The plaintiff must prove duty, breach, causation, and damages.

Statute of Limitations

A law prescribing the maximum time after an event within which legal proceedings may be initiated. Once the statutory period expires, the claim is generally barred regardless of its merits.

Injunction

A court order requiring a party to do or refrain from doing a specific act. Injunctions are equitable remedies used when monetary damages alone would be an inadequate remedy.

Strict Liability

A legal doctrine holding a party liable for damages caused by their actions or products regardless of fault or intent. It is commonly applied in product liability cases and abnormally dangerous activities.

Specific Performance

An equitable remedy in which a court orders the breaching party to fulfill their contractual obligations rather than simply paying damages, typically used when the subject matter of the contract is unique.

Fiduciary Duty

A legal obligation of one party to act in the best interest of another, arising from a relationship of trust and confidence. Breach of fiduciary duty is a common civil cause of action.

Key Terms at a Glance

Breach of Contract:Failure by a party to perform their obligations under a legally binding agreement.

Burden of Proof:The obligation on a party to establish their case, typically on the plaintiff in civil litigation.

Causation:The requirement that the defendant's action or omission must be the actual and proximate cause of the plaintiff's harm.

Civil Law:The body of law governing non-criminal disputes between private parties, including contracts, torts, property, and family law.

Class Action:A lawsuit in which a group of people with similar claims collectively sues a defendant.

Compensatory Damages:Monetary awards designed to compensate the plaintiff for actual losses suffered.

Comparative Negligence:A doctrine that allocates fault among parties and reduces a plaintiff's recovery by their percentage of responsibility.

Complaint:The initial pleading filed by a plaintiff that sets forth the facts and legal basis for the lawsuit.

Consideration:Something of value exchanged between parties to a contract, required for the contract to be legally enforceable.

Counterclaim:A claim made by the defendant against the plaintiff within the same lawsuit.

Damages:Monetary compensation awarded to a party who has suffered loss or injury due to another's wrongful act.

Defamation:A false statement presented as fact that injures a person's reputation, encompassing both libel and slander.

Defendant:The party against whom a civil lawsuit is filed.

Discovery:The pre-trial process by which parties obtain evidence and information from each other.

Duty of Care:The legal obligation to act with reasonable care to avoid foreseeable harm to others.

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