Law Personal Injury Law

Free Legal Dictionary – User Supplied Legal Definitions

Michael P. Ehline, Esq. Injury Lawyers
Michael P. Ehline, Esq’s damage lawyer authorized dictionary most used phrases.

Ehline Regulation Agency has introduced this free Ehline On-line Legal Dictionary to assist the buyer and lawyer perceive common authorized definitions as they’re generally understood within the California authorized group. Your specialists on the Ehline regulation agency have gained recognition as being among the many greatest.

These definitions have been offered by our customers and different publicly obtainable sources. If you need to recommend a authorized definition we’re lacking, or assist enhance upon a authorized definition, please e-mail us or use our free on-line contact type. We will certainly evaluate it. If our regulation agency finds the definition useful, we’ll add the brand new which means to our authorized glossary.

These definitions shouldn’t be construed as authorized recommendation. And we encourage you to conduct additional analysis or retain an lawyer in the event you intend on relying upon any authorized definitions offered herein. As a result of authorized definitions can change based mostly upon what courts and lawmakers determine, Ehline expressly disclaims any legal responsibility for anybody’s reliance upon the Ehline On-line Legal Dictionary.

This listing is free and is up to date every now and then, however our regulation workplaces usually are not an official case reporting service. All the time learn the CACI Jury Directions for acceptable California courtroom jargon and authorized terminology. In any occasion, these phrases and explanations have been useful in Michael Ehline’s turning into an lawyer with no regulation diploma. A B C D E F G H I J L M N O P Q R S T U V W

A.

Abatement: to take away, diminish, or scale back;

Abrogate: violate, cancel out, destroy, revoke, void out;

Abscond: used when vanishing away, to journey covertly in secret, out of the courtroom’s jurisdiction to improperly depart steal property and run away;

Abstention: when one courtroom gained’t train jurisdiction and as an alternative defers to a special courtroom – to take underneath submission pending what is decided by the decrease courtroom;

Abuse of Discretion: authorized normal utilized by courts of attraction to evaluate whether or not or not the discretion of the trial courtroom, administrative businesses, and different entities exceeded the facility the trial courtroom had when it dominated;

Abuse of Course of: the improper use of the authorized course of for an improper objective

Acceleration: to quicken, velocity up, to hasten

Accord: authorized phrase for an settlement between two or extra events

Accrue: to construct up, or to build up, gather up, come into being. Akin to a authorized proper or reason for motion coming into existence as a courtroom-enforceable authorized proper of declare

Motion (At Regulation): a authorized proper whereby one celebration prosecutes one other for a incorrect

Actionable: giving rise to a reason for motion

Actionable Tort: the failure to carry out a authorized obligation created by statute or widespread regulation owed by one get together to a different which such failure leads to damage

Acts of God: forces of nature that are unattainable to foretell

Precise Damages: losses that are confirmed to have incurred because of the wrongful act of one other

Advert Damnum: (lat.) the quantity of damages demanded usually within the context of a lawsuit

Additur: a rise by the courtroom within the quantity of damages awarded by the jury

Adjourn: to droop; to delay a courtroom continuing via recess

Adjudication: a willpower of the controversy and a pronouncement of a judgment based mostly on the proof introduced

Advert Litem: (lat.) for the lawsuit

Admiralty and Maritime Jurisdiction: jurisdiction over actions associated to occasions occurring on navigable waters

Admission: a voluntary acknowledgment that sure information do exist or are true

Alienation of Affections: a tort based mostly upon willful, malicious or intentional interference of a wedding relation by a 3rd social gathering

Alter Ego: (lat.) the opposite self. Beneath this authorized doctrine, the regulation will disregard the private legal responsibility a person has because of the existence a company entity and can regard an act because the act of the person relatively than solely the act of the company

American Bar Affiliation (A.B.A.): a nationwide group of legal professionals and regulation college students

Amicus Curiae: (lat.) a good friend of the courtroom

Annotation: citing a specific case of the statute

Annuity: a contract that gives for the cost of a hard and fast sum often over a while, and sometimes utilized to fund a structured settlement

Annul: to make void, to dispose of (Assume a wedding annulment. Kind of like a factor that was not a gathering of the minds and thus, invalid.)

Reply: the courtroom papers filed on behalf of the defendant in response to plaintiff’s grievance

B.

Bailiff: a courtroom attendant

Barrister: in England, one in every of two courses of authorized practitioners; an English trial lawyer

Battery: an intentional or illegal software of drive to the individual of one other; an illegal touching

Bench Trial: a trial through which the courtroom determines the information with no jury; trial by decide

Greatest Proof Rule: the rule of regulation of proof requiring the unique writing, recording, or photograph

The burden of Proof: the burden that rests with every social gathering to the litigation to persuade the jury in a jury trial or the decide in a bench trial of that social gathering’s case

C.

Casualty Loss: a lack of property as a result of hearth, storm, or different casualties

Explanation for Motion: the existence of specific details and regulation that create a proper adequate to benefit judicial motion

Cautionary Instruction: decide’s cost to a jury telling them to not permit any outdoors matter to affect their verdict

Caveat: (lat.) warning or warning

Stop and Desist Order: a courtroom order prohibiting the individual or entity to which is directed from enterprise or persevering with a specific exercise or course of conduct

Circuit Courtroom: one among a number of courts in a given jurisdiction; part of a system of courts

Circumstantial Proof: oblique proof of a reality; proof that not directly
y suggests proof of a reality

Quotation: a reference to a e-book or different supply of authorized authority

Civil Motion: a judicial continuing introduced to guard a civil proper created by widespread regulation or statute

Civil Regulation: regulation involved with non-felony issues

Civil Legal responsibility: legal responsibility for actions looking for enforcement of private rights

Class Motion: a lawsuit introduced by a consultant member on behalf of a giant group of individuals or members of the group

Clayton Act: prohibits worth fixing and different varieties of discrimination

Clear Arms: the doctrine that requires that an individual who seeks equitable aid should not himself have dedicated any impropriety in regards to the transaction

Clear and Convincing: commonplace of proof; proof higher than a mere preponderance

Widespread Regulation: the system of jurisprudence which is predicated on judicial precedent quite than statutory legal guidelines and includes probably the most substantial physique of regulation in the USA

Comparative Negligence: the evaluating of duty between the plaintiff and the defendant or defendants

Grievance: in a civil lawsuit, the primary papers filed by the plaintiff setting out the details on which the declare for aid is predicated

Compos Mentis: (lat.) mentally competent

The conclusion of Reality: the conclusion reached by means of using details and reasoning, with out resort to guidelines of regulation

Conclusion of Regulation: conclusion reached by means of software of provisions of regulation

Conclusive Proof: proof which is irrefutable

Battle of Curiosity: a state of affairs the place the tending of 1 obligation results in disregard of one other

Battle of Legal guidelines: relevant regulation of 1 state courtroom which differs with the relevant regulation of one other state jurisdiction which additionally has an curiosity within the consequence

Consanguinity: the familial relationship of individuals united by a number of widespread ancestors

Consent, Knowledgeable: see INFORMED CONSENT

Consent Judgment: an settlement of the events which is positioned on document with the courtroom having jurisdiction

Consortium: the lack of providers an society of one other

Contempt of Courtroom: willful disobedience of a courtroom order or intentional interference with the administration of justice

Contingent Payment: a cost made by an lawyer dependent upon the result of the case; the quantity is often a proportion of the social gathering’s restoration

Continuance: a postponement

Contribution: a authorized proper of a celebration who’s accountable to the sufferer for reimbursement from one other individual

Contributory Negligence: the negligence of the injured social gathering which is acknowledged as conduct which contributed to the loss

Prices: courtroom-acknowledged bills of the authorized proceedings for which the profitable celebration is entitled to reimbursement from the opposite social gathering

Felony Negligence: an act of negligence that may be a violation of the regulation and constitutes a criminal offense

D.

Damages: cash compensation awarded to an individual who has been injured by one other; see ACTUAL DAMAGES, CONSEQUENTIAL DAMAGES, LIQUIDATED DAMAGES, NOMINAL DAMAGES, PUNITIVE DAMAGES

Damnum Absque Injuria: (lat.) hurt with out damage

Declaratory Judgment: a evaluation and willpower by the courtroom, typically with the help of a jury, of a matter to find out the rights of the events or categorical the opinion of the courtroom on a query of regulation or interpretation

Decree: a choice or order of a courtroom, often in fairness; a remaining decree disposes of all issues earlier than the courtroom; an interlocutory decree disposes of solely a part of the lawsuit and sometimes is probably not appealed till the conclusion of the whole case

Default Judgment: a judgment entered towards a celebration for that get together’s failure to reply or comply as required by process legal guidelines. Most frequently happens when a defendant fails to elucidate the courtroom papers filed by the plaintiff charging the defendant with wrongdoing

Protection: the defendant’s assertion or the reason why he shouldn’t be liable to the plaintiff for the allegations made

De Jure: (lat.) by proper; lawful

Delayed Uncover Rule: The delayed discovery rule was created to guard negligence claims from the statute of limitations, which might have expired earlier than the plaintiff figuring out that she or he had a authorized declare. Learn Extra.

Deliberation: the juror’s means of pondering and weighing of details, making use of the regulation, and coming to a verdict

Demand: the sum of money requested by the plaintiff

Demonstrative Proof: proof which aids by its means to exhibit; object or factor which might be seen by the trier of reality

De Novo: (lat.) from the very starting; anew

Depose: to offer proof or testimony beneath oath on the report

Deposition: the taking statements earlier than trial the place all events attorneys are requested to be current for the asking of questions of events or witnesses whereas the proceedings are recorded by some accredited technique

Derogation: to repeal or abolish a regulation

Directed Verdict: a verdict entered in a jury trial by the decide earlier than the jury is allowed to think about the deserves of the case

Discovery: a process utilized by the attorneys to the litigation to accumulate info in preparation for trial

Discretion: the train of an official prerogative to behave in an official capability

District Courtroom: courtroom having jurisdiction over a territorial district

Due Care: a principle of tort regulation to elucidate the usual of care or the authorized obligation one owes to others; what an inexpensive individual would do underneath like circumstances

Obligation: obligation owed by an individual to a different individual

E.

Election of Cures: a selection of attainable cures sanctioned by regulation for a specific damage or improper

En Banc: (lat., fr.) by the complete courtroom

Enlargement: the allowance of further time to do a required act underneath the principles of civil process

En Ventre Sa Mere: (lat., fr.) in gestation; within the womb of 1’s mom

Equitable: due consideration for what’s truthful beneath specific circumstances

Misguided: a few mistake

Estoppel: precluding from asserting

Exemplar: a reproduction of the particular merchandise which was concerned

Exhaustion of Cures: a judicial coverage or statutory requirement that particular administrative steps be taken earlier than the courtroom will think about the controversy

Exhibit: an merchandise of proof which has been introduced to the courtroom for consideration

Ex Parte: an software made by one social gathering to the continuing with out the presence of the opposing get together

Professional Witness: a witness having specific information of the topic about which he’s referred to as upon to testify; permitted to assist the jury in understanding info outdoors of their collective information

F.

Reality-Finder: an individual or individuals that has the duty of figuring out the information in query

Failure to Prosecute: the lack to proceed in a matter in litigation as anticipated by the courtroom; a failure to pursue

Federal Courts: the courts of the USA

First Impression: first dialogue or consideration of a specific matter

Foreperson of Jury: the jury chosen

Forensic: the department of science that employs scientific know-how to help within the willpower of information within the courts of regulation

Foreseeability: a tort regulation requires that the results of a events motion or inaction might fairly end result within the damage

Discussion board Non-Conveniens: (lat.) an inconvenient place to proceed

G.

Gag Order: an order by the courtroom proscribing touch upon, or the discharge of details about the proceedings

Garnishment: a process to take management over an individual’s belongings or revenue which were judicially decided to be awed or to belong to a different individual

Good Trigger: vital or legally sufficient cause for the doing of some act

Affordable Religion: a correctly meant deed that’s free from improper motive

Governmental Immunity: a authorized principle of the sovereignty of the federal government rendering it exempt from legal responsibility for its acts or failures

Grand Jury: a gaggle of people designated by regulation to find out whether or not sufficient proof exists to benefit a cost towards the criminally accused; no parallel in civil regulation though many states require a evaluation and certification prior a affected person bringing of an motion towards a physician or different individual or entity offering medical providers

Gross Negligence: conduct that’s worse or extra critical than a easy departure from affordable care, however is lower than an entire disregard of any concern owed others

Guardian: one who legally has supervision and duty for an individual

Guardian advert Litem: Particular person protector appointed by a courtroom to supervise the authorized rights of a person incompetent beneath the regulation. (Learn extra.)

Responsible: the willpower by a jury that the accused has dedicated a criminal offense; the time period just isn’t related to civil regulation issues

 

H.

Innocent Error: error which isn’t sufficiently prejudicial to require reversal of the earlier discovering or end result

Rumour Rule: a rule of proof that requires the declarant be topic to cross-examination on the listening to; many exceptions to the rule exist

Hidden Defect: a defect or situation which isn’t observable by an inexpensive inspection; see LATENT DEFECT

Hung Jury: a jury whose members can’t agree in enough numbers to succeed in a verdict, unanimous in legal instances, federal civil claims and three-quarters in another states civil instances

I.

Immaterial: a rule of proof that requires that the proof should have a enough relationship to the difficulty in query

Immunity: a grant of freedom from duty

Influence Rule: a requirement of some states tort regulation whereby a bodily contact with the individual should happen within the order of damages for emotional misery to be recoverable

Impanel: to deliver collectively within the courtroom the individuals chosen to function the jury

Impleader: a rule of process whereby a 3rd social gathering is introduced into an present lawsuit

Implied Consent: a consent that’s drawn from the details of the encompassing circumstances

Implied Contract: a contract not expressly agreed upon in written phrases however one created by the conduct of the events

Imputed Legal responsibility: legal responsibility for the acts of one other individual which arises out of the operation of regulation

In Absentia: (lat.) in absence

In Digital camera: (lat.) in chambers

Indemnity: to wholly or partially duty for the loss that has been sustained by one other

In Forma Pauperis: (lat.) as would a pauper. Usually refers back to the proper granted by the courtroom to permit a celebration to proceed with out the cost of prices as a result of monetary incapability

Knowledgeable Consent: a consent that’s obtained after full disclosure of the information and dangers concerned; typically an allegation in medical negligence instances

Inherent Defect: a defect that exists and is pure to the merchandise

Injunction: an order of the courtroom which requires an individual or entity to chorus from pursuing a specific course of conduct or exercise

Injuria Absque Damno: (lat.) mistaken or insult with out injury; see DAMAGE ABSQUE INJURIA

Injuria Non-Excusat Injuriam: (lat.) one improper doesn’t justify one other damage any injury or damage inflicted upon one other

In Limine: (lat.) initially

In Loco Parentis: (lat.) within the place of the dad or mum

In Personam: (lat.) towards the individual

In Re: within the issues of

In Rem: (lat.) an motion towards a factor, versus a lawsuit towards an individual

Instruction: the regulation as given by the courtroom to the jury earlier than their deliberations which states the relevant regulation to the problems within the case

Inter Alia: (lat.) amongst different issues

Interim Order: a short lived order

Interlocutory Order: an order or ruling that determines an intermediate situation, however doesn’t eliminate the case in chief

Interpleader: a rule of process that permits an individual who has a factor or cash not belonging to him, and who shouldn’t be sure to whom amongst a number of claimants it rightfully belongs, might give the factor or cash to the courtroom to determine who will get the factor or cash

Interrogatories: in civil actions, a pretrial discovery device by which written questions are despatched by one get together and are to be answered underneath oath by the opposite social gathering

Intervention: a continuing allowing an individual to enter right into a lawsuit already in progress

Inter Vivos: (lat.) between the dwelling

Invasion of Privateness: the wrongful intrusion into an individual’s personal life

Invitee: one who comes upon the land of one other by invitation of the proprietor

Ipsa Dixit: (lat.) he stated it himself

Irreparable Damage: a loss for which no treatment at regulation can be adequate, and subsequently a courtroom sitting in fairness might order a particular aid aside from cash damages

Difficulty: the merchandise of reality or regulation in dispute

Challenge Preclusion: a problem that has been determined in earlier litigation that thereafter is precluded from being re-litigated

J.

J. D.: Juris Physician; the diploma that’s bestowed after commencement from regulation faculty. The diploma was previously designated LL. B.

Joinder: uniting of events to single case or litigation

Joint and A number of: sharing of proper or legal responsibility between events individually in addition to collectively

Joint Enterprise: an settlement of two or extra events to tackle a specific objective or challenge

Joint Legal responsibility: a doctrine of legal responsibility making all events who’re liable for a loss to every share full duty

Joint Enterprise: a enterprise enterprise by two or extra events by which income, losses, and management are shared

Jones Act: a federal regulation that grants a seaman who suffers an damage to his or her individual throughout employment a proper to damages

Decide-Made Regulation: the regulation that’s determined by judicial interpretation as opposes to legislative enactment and is usually termed widespread regulation

Judgment: judicial willpower of a matter

Judicial Discover: a rule of authorized comfort that negates the necessity for proof of the matter

Jurisdiction: the authority of a courtroom to listen to and decide a factor

Jurisdictional Quantity: an sum of money in controversy required for a courtroom to have the facility to listen to and determine a matter

Jurisprudence: the topical space of the science of regulation and societal order

Jurist: a authorized scholar

Juror: a person who has been empaneled as a member of a jury

Jury: the group of people who’re empaneled to determine on the details concerned within the trial

Jury Trial: the willpower of a case by a jury, the jury decides the information and the courtroom instructs the jury of the regulation to be utilized to the information

Justiciable: a matter that’s able to being decided by a courtroom of regulation or fairness with or with out assistance from a jury

L.

Laches: neglecting to say a proper or declare which taken along with a lapse of time and different circumstances, causes prejudice to an opposed social gathering, thereby working as a bar in a courtroom of fairness

Latent Defect: a defect not discoverable by the train of an atypical inspection, see HIDDEN DEFECT

Regulation Workplace Research Program: A program provided by a couple of states that permit one to turn out to be a lawyer with no regulation faculty or undergrad. (Supply.)

Regulation of the Case: a authorized precept which states that a willpower of regulation by a better courtroom is taken into account as right throughout all subsequent hearings within the proceedings until the query is being heard by a courtroom extra elevated than the courtroom that made the ruling

Lay Witness: a witness that’s testifying as a witness to a reality or an opinion versus a discover given by an skilled a few matter past the anticipated comprehension of the jury

Depart of Courtroom: a request to the courtroom to acquire permission to do one thing that in any other case wouldn’t be permissible

Lex Loci Delicti: (lat.) the place the place the mistaken happened

Legal responsibility: duty or accountability for one’s breach of obligation owed to a different

Licensee: one of many courses of individuals getting into upon the lands of one other whereby the person has not been invited upon the world however is tolerated

Limine: see MOTION IN LIMINE

Liquidated Damages: a sum of cash agreed upon by the events to a contract that shall be paid as damages if there’s a breach of the contract

Lis Pendens: (lat.) a pending go well with

Lengthy Arm Statues: statutory legal guidelines that empower a courtroom to acquire jurisdiction over a nonresident defendant

Lord Campbell’s Act: the English rule that first acknowledged the suitable of the household of a decedent to deliver an motion for damages towards the one that was answerable for the dying of their member of the family

Lump-Sum Cost: an sum of money paid in a single cost versus a structured settlement which is paid out over a while in a number of funds

M.

Justice of the Peace: within the federal courtroom system, this can be a one that is appointed to function a consultant of the courtroom and is usually given many duties that may in any other case be carried out by the federal decide

Malfeasance: the doing of an act in an improper, wrongful, or illegal method

Malice: a spiteful frame of mind

Malpractice: a failure of knowledgeable to behave by the suitable course of conduct, negligence of a member of a career in knowledgeable capability

Maritime Regulation: the physique of regulation that governs navigation and different exercise in navigable waters

Mens Rea: a responsible thoughts

Misfeasance: the improper efficiency of a required act

Mistrial: an motion taken by a courtroom which terminates a trial in progress

Mitigation of Damages: an obligation owed by the get together who sustained an damage to his individual or property to attenuate the loss by appearing in a fairly prudent method

Cash Judgment: a judgment granting to at least one social gathering the correct to obtain cash from one other celebration

Moot Case: a case that’s fictional and based mostly upon an element which isn’t recognizable or which was already resolved (aka it not exists.)

Movement: a written or oral request to the courtroom for an order to permit or prohibit some merchandise or to ask the courtroom to take specific motion concerning the litigation

Movement in Limine: a request made by a celebration requesting the courtroom to stop the dialogue or different presentation of a selected matter to the jury

Municipal Courtroom: a courtroom that hears and determines points regarding its legal guidelines and different issues inside its jurisdiction as offered by regulation

N.

Negligence: failure to train that diploma of care which an ordinarily prudent individual would use underneath the identical or comparable circumstances

Negligence Per Se: an act or failure to behave that’s thought-about unreasonable conduct as a matter of regulation with out the necessity to think about surrounding circumstances

Subsequent Pal: an individual who acts on behalf of a celebration who for some purpose of incapacity is just not capable of proceed and has not had a courtroom-appointed guardian appointed to work in a consultant capability

No-Fault Insurance coverage: an insurance coverage scheme whereby each individual injured in an vehicle accident is compensated regardless of who was at fault

Nonfeasance: the failure to carry out an obligation owed to a different

Nominal Damages: a minute sum awarded, typically solely a penny or a greenback

Nonsuit: a judgment ordered by the courtroom towards a plaintiff who fails to proceed to trial

Nuisance: the hindrance or interference with the pursuits of others

O.

On All Fours: an expression used to characterize a case the place details and regulation are just like one other’s

On Demand: as quickly as requested

On the Deserves: a choice or ruling that offers with the underlying foundation of the case quite than a rule of process

P.

Parental Legal responsibility: a statutory regulation that obligates mother and father for sure wrongful acts dedicated by their youngsters earlier than attaining maturity

Pecuniary Injury: monetary losses incurred

Per Diem: (lat.) course of a day

Private Damage Lawyer: A lawyer working towards tort regulation (study extra.)

Piercing the Company Veil: a authorized doctrine that lifts a shareholder’s defend of immunity for wrongful company exercise underneath particular circumstances

Plaintiff: the celebration who first initiates litigation

Pleadings: papers required to be filed by every social gathering with the courtroom which alleges the information, claims, and defenses concerned within the case

Prayer: the aid sought by the plaintiff within the lawsuit as said in his pleading to the courtroom

Precedent: a deviation in a previous case which established a proper or reasoning of regulation which have to be adopted within the current case

Pre-Emption: a judicial precept which states that sure federal legal guidelines apply over particular state legal guidelines

Preponderance of the Proof: the usual of proof in civil instances, extra possible than not

Presumption: a rule of regulation which permits the discovering of 1 reality from the presentation of one other reality proven, an irrefutable presumption requires a discovering of the presumed reality

Prevailing Get together: the profitable get together within the matter

Prima Facie Case: the existence of some proof on every required level of a case

Privity: a enough relationship between events to the identical rights or property

Product Legal responsibility: the precept of statutory and/or widespread regulation that holds a producer accountable with out regard for negligence if the product is flawed

Proffer (of proof): to current to the document in a trial what proof a celebration has on a given level after the courtroom has refused its admission into proof so that a reviewing courtroom can know what was excluded on the unique continuing

Professional Hac Vice: (lat.) for this one specific event

Professional Se: (lat.) for himself; in regulation, it refers to an individual who represents himself and not using a lawyer

Punitive Damages: an award of cash to punish the wrongdoer and to discourage all from comparable wrongdoing

Q.

Quantum Meruit: as a lot as it’s value

Quash: to annul or abandon by judicial choice

Query of Reality: the existence of an issue as to the information of a case which have to be decided by the trier of reality – a jury in a jury trial; the decide in a bench trial

 

R.

Affordable Care: the quantity of care anticipated of an ordinarily prudent individual beneath the identical or comparable circumstances

Rebuttal: proof disproving different proof beforehand given

Reckless Disregard: conduct or demeanor which evidences a scarcity of concern for penalties

Remand: to ship again

Remittitur: (lat.) to scale back, usually, in regulation, it describes a discount of the jury’s verdict made by the decide

Removing: the fitting of a defendant in a civil lawsuit to have a case moved from state courtroom to a federal courtroom inside 30 days of the service of the grievance if jurisdiction additionally exists within the federal courtroom

Rescission: the cancellation of a contract

Res Ipsa Loquitur: (lat.) the factor speaks for itself. In a negligence lawsuit, the plaintiff usually has the burden to show that the defendant was negligent. The doctrine of res ipsa loquitur is a rule of proof which has the impact
of requiring the defendant to show that he was not negligent in sure circumstances

Res Judicata: (lat.) the factor has been determined

Respondeat Superior: (lat.) let the superior reply. A authorized precept whereby the grasp is chargeable for the acts or omissions of his/her servant

Restitution: to make good the loss for damage or injury

Reversible Error: error in a trial which is considerably adequate to trigger the whole trial to be reversed or a brand new trial to be granted by a reviewing appellate courtroom

Danger of Non-Persuasion: see BURDEN OF PROOF

Routine Vacatur: a process the place a defendant settles an unfavorable willpower which occurred within the trial courtroom whereas the case is on attraction and has the appellate courtroom vacate the willpower under

S.

Scienter: (lat.) information, prior information

Scintilla: a really minute quantity of proof

Sequester: to separate, in regulation, refers back to the isolation of the jury from the world outdoors the courtroom in order that they won’t be influenced by occasions and knowledge not introduced within the trial

Seventh Modification: the modification to the U.S. Structure that entitles each particular person to the suitable to have his/her civil case heard by a jury if the mount in controversy exceeds twenty dollars

Present Trigger Order: a command from the courtroom to seem earlier than it and clarify why one thing shouldn’t be executed

Aspect-Bar: an space of the courtroom the place the decide and attorneys can converse outdoors of the jury’s listening to

Sixth Modification: the modification to the U.S. Structure that entitles the accused in a felony trial the proper to a speedy trial by a jury, SEE SEVENTH AMENDMENT for civil issues

Sovereign Immunity: a doctrine granting immunity to the sovereign until the sovereign consents to be sued; see GOVERNMENTAL IMMUNITY

Particular Efficiency: a treatment requiring an individual who has breached a contract to carry out particularly what was agreed upon and is on the market solely when cash damages wouldn’t suffice

Standing: the authorized proper of an individual or entity to convey a lawsuit

Stare Decisis: (lat.) to face by that which was determined; the authorized precept that a decrease courtroom will comply with that which has already been decided by a earlier case

State Bar Affiliation: A state bar affiliation is one which assists and directs particular necessities of the attorneys working towards regulation in a specific U.S. state or territory. (Supply.)

Statute of Limitations: the statutory regulation which establishes the time inside which a lawsuit have to be introduced or be eternally barred

Stipulation: an settlement by the attorneys on each side about some facet of the case

Strict Legal responsibility: legal responsibility and not using a displaying of negligence

Sub Judice: (lat.) earlier than the courtroom

Subrogation: a proper of reimbursement to a payor if one other is discovered to be chargeable for the payee’s loss

Abstract Judgment: a discovering and entry of judgment by the courtroom after a listening to and evaluate of the claims and the proof of the events, It’s earlier than a trial, whereby the courtroom determines that there isn’t any real concern or dispute as to any materials reality obtainable for presentation. In that case, the proof, as a matter of regulation, is inadequate to permit such declare to proceed and renders judgment in favor of 1 celebration

Subrogate Mum or dad: one who shouldn’t be a toddler’s dad or mum, however who stands within the place of the mum or dad

Survival Statute: statutory regulation that creates a proper on behalf of the property of a deceased individual to take care of a lawsuit for any explanation for motion that might have existed had the decedent not died

Syllabus: a abstract paragraph often ready by the courtroom previous the physique of a reported case which in some jurisdictions is the black-letter regulation of the jurisdiction

 

T.

Tort: a civil mistaken which causes damage because of a breach of a authorized obligation owed to a different

Tort Claims Act: a statutory regulation enacted by the U.S. Congress and lots of state legislatures that waives all or some a part of the federal government’s immunity from tort legal responsibility

Trial: a continuing or listening to of proof in a courtroom having jurisdiction over the individuals, entities, and material for a willpower of all points between the events based mostly upon the relevant substantive regulation

Trial de Novo: a brand new trial

U.

Extremely hazard Exercise: conduct or any exercise that includes such an awesome potential for hurt or damage that the individual or entity performing such exercise can be held strictly responsible for the result

V.

Vacate: to put aside or to render void

Verdict: the conclusion of the courtroom or jury which turns into the idea for the judgment

Vicarious Legal responsibility: the imputation of legal responsibility upon one individual or entity for the acts or failure to behave of one other individual or entity

Voire Dire: (fr.) to see to talk; in regulation, it’s that portion of the trial the place the potential jurors are requested questions by the attorneys or the courtroom to find out their qualifications and suitability to take a seat as jurors within the specific case

Volenti Non-Match Injuria: (lat.) a volunteer suffers no improper; an individual who consents to authorized improper has no authorized proper

W.

Wanton: a heedless disregard for the result of 1’s actions

Weight of the Proof: an expression stating an analysis of the stability of the proof for all sides of the controversy after the conclusion of the controversy

Willful: a understanding disregard for the results of 1’s actions

Witness: an individual who’s sworn at a trial to offer proof in a case

Work Product: the work finished by an lawyer within the means of representing a shopper which is ordinarily privileged an not topic to discovery

Wrongful Demise Statutes: statutory regulation that creates a proper to deliver an motion by the private consultant of an property of the deceased for the wrongful lack of the decedent’s life, additionally see LORD CAMPBELL’S ACT

Ehline On-line Dictionary Borrowed from Miscellaneous, Publicly Out there Assets and Michael Ehline’s Personal Phrases He Created to Research for the California Bar Examination.