| Term: Adjudication |
| Definition: The final order,
pronouncement or judgment of a court or other tribunal. |
| Term: Adjuster |
| Definition: An employee or
agent of an insurance company who handles a casualty claim. |
| Term: Admission |
| Definition: A statement or
confession by a party to a lawsuit acknowledging that certain facts
which may be against his interests are true.
|
| Term: Advocate |
| Definition: One who renders
legal advice, assistance or argues on behalf of a party before a
court or tribunal; a lawyer. |
| Term: Affidavit |
| Definition: A written statement
or declaration made under oath before a notary or other person authorized
to certify the statement. |
| Term: Affirmation |
| Definition: A declaration
acknowledging that the person will tell the truth under penalty
of perjury. Affirmations may be made by individuals who object to
taking an oath on religious grounds. |
| Term: Affirmative Defense |
| Definition: A written defense
to a lawsuit which does not formally deny certain allegations in
a complaint, but asserts that the plaintiff is not entitled to judgment
based upon legal or equitable principles, even if the allegations
are true. |
| Term: Allegation |
| Definition: A statement or
declaration of fact that a party expects to prove, generally set
out in a pleading (complaint). |
| Term: Allege |
| Definition: To state, assert
or declare. |
| Term: Amendment |
| Definition: A change or addition
which improves or supplements another written document. |
| Term: Amicable |
| Definition: Friendly; mutually
agreed to, as a settlement. |
| Term: Appraisal |
| Definition: A valuation of
property by a disinterested party who is qualified to do so (appraiser).
|
| Term: Arbitration |
| Definition: The process through
which a controversy is submitted to an impartial person called an
arbitrator, to resolve a dispute outside of the court system. |
| Term: Arbitration Clause |
| Definition: A provision in
a contract providing for arbitration in lieu of a court action.
|
| Term: Attest |
| Definition: To affirm to be
true; to act as a witness by signing. |
| Term: Attorney |
| Definition: One licensed to
practice law under state rules (admitted to the bar); an agent appointed
to act in place of another; an advocate. |
| Term: Bad Faith |
| Definition: Willful or dishonest
conduct in a situation where a party owes a financial or other duty
to a third party. |
| Term: Brain Mapping |
| Definition: Brain Electrical
Mapping (BEAM) is a Version of EEG which permits computerized analysis
of the brain's electrical activity. BEAM actually creates a picture
of the EEG results. |
| Term: Breach Of Contract |
| Definition: Failure, without
legal excuse, to perform a duty required under a contract. |
| Term: Burden Of Proof |
| Definition: The duty of a
moving party to establish an allegation or principal issue in a
civil or criminal complaint, generally either by the greater weight
of the evidence, or beyond a reasonable doubt. |
| Term: Carrier |
| Definition: One engaged in
the transportation of goods or freight; an insurance company. |
| Term: Case Law |
| Definition: Reported court
decisions forming the body of jurisprudence. |
| Term: Carrier |
| Definition: One engaged in
the transportation of goods or freight; an insurance company. |
| Term: Case Law |
| Definition: Reported court
decisions forming the body of jurisprudence. |
| Term: Cause Of Action |
| Definition: A claim which
will support a valid lawsuit; the lawsuit itself. |
| Term: Certify |
| Definition: To make known
or establish as a fact; to declare in writing. |
| Term: Chambers |
| Definition: A judge's private
office, where a hearing can be conducted. |
| Term: Check |
| Definition: A draft or order
to pay money. |
| Term: Circumstantial Evidence |
| Definition: Indirect or secondary
evidence through which a fact may be proved by inference. |
| Term: Civil Action |
| Definition: A lawsuit outside
of the criminal justice system, seeking redress or an award of damage
for a civil wrong. |
| Term: Civil Procedure |
| Definition: The rules that
regulate practice before a civil court. |
| Term: Civil Rights |
| Definition: The right to enjoy
life, liberty and the pursuit of happiness, including such constitutional
rights as free expression and religion, without discrimination in
treatment by reason of race, color, sex, age, religion, previous
condition of servitude or national origin. |
| Term: Claim |
| Definition: An asserted right
to money, property or relief. |
| Term: Claimant |
| Definition: A party asserting
or presenting a claim. |
| Term: Class Action |
| Definition: A lawsuit brought
by a limited number of members on behalf of a larger group, all
of whom share a common right or damage. |
| Term: Clause |
| Definition: A paragraph or
subdivision of a legal document such as a contract. |
| Term: Clerk Of Court |
| Definition: An officer of
the court who has clerical duties, including record keeping, filing
and making certified copies. |
| Term: Code |
| Definition: A compilation
or collection of laws and statutes. |
| Term: Comparative Negligence |
| Definition: The doctrine providing
that any award for injury caused by a defendant is reduced proportionately
by the plaintiff's relative degree of negligence. |
| Term: Compensatory Damages |
| Definition: An award of monetary
damages intended to compensate a plaintiff for economic and non-economic
losses sustained as a result of another's negligence, breach of
contract or misfeasance. |
| Term: Competent |
| Definition: Having the ability
to understand the nature and consequences of one's actions. |
| Term: Complaint |
| Definition: The initial pleading
filed in a lawsuit by the plaintiff setting out the facts upon which
the claim is based. |
| Term: Conclusion Of Fact |
| Definition: The inference
drawn by a jury or the decider of fact based upon the evidence.
|
| Term: Confidential Communication |
| Definition: A communication
not intended to be disclosed to third parties, as between a lawyer
and client. |
| Term: Confidential Relationship |
| Definition: A fiduciary or
other relationship which requires the utmost of good faith, and
often, an understanding that communications between the parties
are private. |
| Term: Consideration |
| Definition: Something of real
value given in return for performance or the promise of performance,
which induces a party to make an agreement or enter into a binding
contract. |
| Term: Consolidate |
| Definition: To join together,
as several lawsuits with identical parties or issues. |
| Term: Consortium |
| Definition: Affection, company
and sexual relations between spouses. |
| Term: Contingency Fee |
| Definition: A fee paid to
an attorney conditioned on a successful recovery in a negligence
claim, based on a percentage of the recovery. |
| Term: Continuance |
| Definition: A temporary stay
or postponement of a legal proceeding. |
| Term: Contributory Negligence |
| Definition: The doctrine under
which one cannot recover for personal injury when one's own negligence
contributed to the cause of the injury. This doctrine has by and
large been replaced with the doctrine of comparative negligence.
|
| Term: Costs |
| Definition: Expenses incurred
in the prosecution of a lawsuit, including filing fees, deposition
expenses and witness fees. |
| Term: Counterclaim |
| Definition: A claim filed
by the defendant against a plaintiff as part of defendant's response
to a lawsuit. |
| Term: Court |
| Definition: Subject to state
or federal law, in distinction to limited or special jurisdiction
courts which can hear only a defined class or type of case. |
| Term: Court Calendar |
| Definition: The schedule of
cases pending before the court. |
| Term: Court Order |
| Definition: Any judgment or
order of any court of appropriate jurisdiction. |
| Term: Court Reporter |
| Definition: Person certified
to transcribe by shorthand or stenographic means any court proceeding
or pre-trial matter. |
| Term: Credible |
| Definition: Worthy of belief.
|
| Term: Cross-Claim |
| Definition: A lawsuit filed
by one defendant in a lawsuit against another defendant in the same
lawsuit. |
| Term: Cross-Examination |
| Definition: The questioning
of a witness at trial or deposition by the adverse party. |
| Term: CT Scan |
| Definition: first introduced
in 1973, CT Scans (Computed Tomography) and CAT Scans (Computed
Axial Tomography) have rocketed in use and have evolved in capability
and utilization.
During CT Scan, a series of x-ray beams pass through an area
of the body and the extent to which the body tissues absorb the
x-rays are thereupon measured. A computer transforms these measurements
into two-dimensional anatomic "slices" of high-resolution quality.
One of the benefits of CT is the enhanced detail over regular
x-rays. CT is able to depict portions of the body impossible to
obtain by mere x-ray, and does so at ten to thirty times the detail
of regular x-ray.
Other advantages of Computed Tomography include its cost
effectiveness (when compared to MRI), and its ability to differentiate
between soft tissue damage without regard to nearby structures
on the image itself.
CT Scans are the diagnostic tools of choice for brain trauma
due to their ability to capture collections of blood (hematoma),
cerebral contusions (bruises), fractures, and edema (swelling).
As with x-ray, CT Scans are not limited for use in any one
area of the body, but are used throughout. |
| Term: Damages |
| Definition: Monetary compensation
awarded/awardable to a party injured as a result of a breach of
contract or a negligent act; the injury sustained due to misfeasance,
negligence or breach of contract. |
| Term: Default |
| Definition: Failure to pay
or discharge a duty. |
| Term: Default Judgment |
| Definition: A judgment against
a defendant who has failed to respond or otherwise appear in a lawsuit.
|
| Term: Defendant |
| Definition: In a civil proceeding,
the party being sued; in criminal proceedings, the accused. |
| Term: Deliberation |
| Definition: A process by which
jurors reach a verdict; the act of weighing and examining evidence.
|
| Term: Demand |
| Definition: Assert a legal
right; claim. |
| Term: Demand Note |
| Definition: A written document
evidencing indebtedness which is payable upon demand or presentation.
|
| Term: Deponent |
| Definition: A witness who
gives testimony under oath at a deposition; an affiant. |
| Term: Deposition |
| Definition: The giving of
testimony and cross-examination of witnesses before trial. Ordinarily
a deposition is stenographically transcribed and recorded for later
use. |
| Term: Depreciation |
| Definition: A reduction in
property value resulting from age or use. |
| Term: Determination |
| Definition: The final decision
of a court. |
| Term: Discovery |
| Definition: Various pre-trial
procedures including depositions, interrogatories and requests for
production, whereby parties obtain evidence to be used at trial.
|
| Term: Dismiss |
| Definition: To reject a claim
or suit temporarily or permanently without further hearing or consideration
through an order of dismissal. |
| Term: Docket |
| Definition: List of cases
to be heard or tried; record book containing summaries of court
action in any case. |
| Term: Dismissal With Prejudice |
| Definition: A dismissal of
a claim on its merits leaving nothing more for determination by
the court and having the force of a final judgment. |
| Term: EEG |
| Definition: an Electroencephalogram
records electrical activity in the outer layer of the brain (the
cerebral cortex), using electrodes placed on the patient's scalp.
Electrical impulses are then recorded as they move a pen or other
writing device across graph paper. CT Scans have decreased the use
of EEG over the past years, although EEG's are still used as a diagnostic
tool.
One area of continued use of EEG is in the monitoring of
seizure disorders. Since an EEG detects abnormality in electrical
activities, it is an effective tool in the diagnosis of seizures.
EEG likewise can be helpful in assessing the effectiveness of
drug treatment on seizures.
EEG's have also proved effective in the diagnosis of intracranial
infection, and in certain surgical procedures, EEG is used to
monitor the flow of blood to the brain. |
| Term: Endorsement |
| Definition: The signature
on the back of a check or other negotiable instrument. |
| Term: Error |
| Definition: Mistake of law
or fact forming the basis of an appeal to a higher court. |
| Term: Evidence |
| Definition: Any type of proof
presented at trial which has the effect or tendency to affirm or
disaffirm the existence of a fact. Evidence is the means by which
some fact in question is established or disproved. Evidence includes
oral testimony and every other known means available to establish
the truth or falsity of a disputed question of fact. |
| Term: Ex Parte |
| Definition: An application
or communication to the court without notice and outside the presence
of an adverse party. Ex Parte communications are prohibited. |
| Term: Ex Post Facto |
| Definition: After the fact;
a law passed after an act is performed which retroactively makes
such act illegal. Such laws are prohibited under the U.S. Constitution.
|
| Term: Execute |
| Definition: To complete a
legal document, as by signing. |
| Term: Exemplary Damages |
| Definition: Punitive damages
awarded to punish outrageous conduct, over and above compensatory
damages. |
| Term: Exhibit |
| Definition: Tangible evidence,
a display or document presented to the court or jury which tends
to prove or explain some relevant fact. |
| Term: Expert Witness |
| Definition: Witness with specialized
training or experience who is permitted to render opinion testimony
in a legal proceeding. |
| Term: Factor |
| Definition: One entrusted
with the possession of goods to be sold in the factor's name. A
factor is one who is in the business of receiving goods from a principal
and selling them for a commission. |
| Term: Fault |
| Definition: Negligence; misconduct;
deviation from standard of care. |
| Term: Fiduciary |
| Definition: A person in a
position of confidence who has the duty to act responsibly with
respect to another's money or property; a trustee; one acting in
a fiduciary capacity or relationship. |
| Term: Fiduciary Relationship |
| Definition: The relationship
between parties where trust or confidence is reposed by one and
accepted by the other; a confidential relationship whereby one trusts
in and relies on another, e.g., parent and child, guardian and ward,
husband and wife, physician and patient, attorney and client. |
| Term: First Amendment |
| Definition: A guarantee of
freedom of speech, assembly, press, petition, and free exercise
of religion contained in the Bill of Rights. |
| Term: For Cause |
| Definition: With sufficient
legal justification to perform an act. |
| Term: Good Faith |
| Definition: The general requirement
to deal honestly with others and not seek to gain unfair advantage
or to defraud another party, especially in the context of business
transactions or contracts. |
| Term: Grace Period |
| Definition: The period during
which insurance continues to be in force despite a delayed payment
of premium. |
| Term: Grand Jury |
| Definition: A jury convened
to hear evidence and determine whether an indictment (criminal charge)
should be issued. Grand Juries have investigative and subpoena powers.
|
| Term: Gross Negligence |
| Definition: A negligent act
committed with a conscious indifference to the consequences thereof
willfully or wantonly. |
| Term: Guarantor |
| Definition: A person or entity
who agrees in writing to pay the indebtedness of another. |
| Term: Guardian |
| Definition: One who the law
has entrusted with the custody and control of the person or property
of a ward. |
| Term: Guardian Ad Lietem |
| Definition: One appointed
by a court in which litigation is pending to represent a ward (e.g.,
a minor or incompetent). |
| Term: Habeas Corpus |
| Definition: A writ used in
both criminal and civil proceedings to obtain the release of an
individual in custody by testing the constitutionality of the incarceration.
|
| Term: Hearsay |
| Definition: An out of court
statement which is neither an admission or a declaration against
interest. Hearsay evidence is generally not admissible in a judicial
proceeding. |
| Term: Hearsay Rule |
| Definition: A rule of evidence
which makes out of court statements used to prove the truth of the
matter stated inadmissible. Hearsay evidence comes not from the
personal knowledge of the witness, but from the repetition of what
he has heard others say. |
| Term: Hidden Defect |
| Definition: A defect in property
or goods which is not readily detectable, that causes injury to
a third party. |
| Term: Hostile Witness |
| Definition: An adverse witness
or opposing party who is known to offer prejudicial evidence as
a result of such adverse interest or bias. |
| Term: Hung Jury |
| Definition: A jury that cannot
reach a verdict due to an inability to reconcile their differences.
|
| Term: Hypothetical Question |
| Definition: A combination
of assumed or proved facts stated in a form that would allow an
expert witness to give an opinion based on such facts. |
| Term: Immunity |
| Definition: Exemption from
prosecution granted to a witness to compel answers to questions
which otherwise could be withheld because of the constitutional
privilege against self-incrimination. |
| Term: Impleader |
| Definition: A procedure whereby
a third party may be brought into a lawsuit by a defendant who is
being sued by a plaintiff. |
| Term: Implied |
| Definition: Where the intention
of the parties is not shown by direct terms but derived from surrounding
circumstances or conduct. |
| Term: Incapacity |
| Definition: Lack of sufficient
legal, physical or intellectual power to perform an act. |
| Term: Incompetency |
| Definition: The inability
or incapacity at law to perform an act, such as giving testimony
or making a will. |
| Term: Incumbrance |
| Definition: See Encumbrance.
|
| Term: Indemnify |
| Definition: To insure a third
party against loss; to agree to pay damages resulting from another's
actions. |
| Term: Indemnity |
| Definition: The right of a
person who has discharged a duty which should have been discharged
by another to collect reimbursement from the party who should have
discharged the obligation. |
| Term: Indenture |
| Definition: A deed to which
several persons are parties, in which each assumes corresponding
obligations. |
| Term: Indispensable Party |
| Definition: One who has interest
in the subject matter of litigation which is of such a nature that
a final decree cannot be entered or rendered without such person
being made a party to the lawsuit. |
| Term: Informed Consent |
| Definition: Consent given
after full disclosure of constitutional and other legal rights which
impact on whether consent would be given. |
| Term: Infringement |
| Definition: The unauthorized
use, sale or manufacture of an invention, trademark, tradename or
copyright. |
| Term: Injunction |
| Definition: An order or writ
issuing from a court compelling a party to perform or refrain from
performing certain acts. |
| Term: Inquest |
| Definition: An inquiry by
a coroner into the manner of death in a possible homicide case;
a tribunal selected to inquire into selected factual matters. |
| Term: Insurable Interest |
| Definition: A real and financial
interest in property or the life of another sufficient to support
and justify ownership of an insurance policy. |
| Term: Intangible Personal Property |
| Definition: Money, evidence
of debt, evidence of ownership, and all other forms of property
where the value is based upon that which the property represents
other rather than its own intrinsic value (e.g., mortgages, shares
of stock, bonds, notes). |
| Term: Intent |
| Definition: The state of mind
necessary to support a criminal proceeding against a defendant;
the knowing performance of an act. |
| Term: Interpleader |
| Definition: An action filed
by a party faced by competing claims against property in his possession
but which he does not own, requesting the court to determine relative
rights to the property. |
| Term: Interrogatories |
| Definition: Written questions
served on a party to a lawsuit to be answered under oath as part
of pre-trial discovery. |
| Term: Ipso Facto |
| Definition: By virtue of the
mere fact of itself. |
| Term: Irrelevant |
| Definition: Not material.
Irrelevancy forms the basis of an objection to the introduction
of evidence asserting that the proposed evidence is not connected
to the issue being decided. |
| Term: Irreparable Injury |
| Definition: An injury of such
a nature that it cannot be redressed in a court of law and is not
susceptible to complete monetary compensation. Generally when a
wrongful act has caused or will cause a irreparable injury, the
courts will issue an injunction prohibiting the action. |
| Term: Irrevocable |
| Definition: That which cannot
be revoked or undone. |
| Term: Issue |
| Definition: A point of controversy
in a lawsuit; all persons descended from a common ancestor. |
| Term: Joinder |
| Definition: Combining several
causes of action or parties in a single lawsuit. |
| Term: Jones Act |
| Definition: A federal law
providing medical, disability and death benefits to sailors who
suffer injuries in the course of their employment. |
| Term: Judge Advocate |
| Definition: An officer at
a court-martial who may act as clerk, prosecutor and/or legal advisor
to the court. |
| Term: Judgment |
| Definition: A final determination
by a court; the official decision of the court. |
| Term: Jurisdiction |
| Definition: The power and
authority of a court to hear and determine a case. |
| Term: Jurisprudence |
| Definition: The collective
legal system including case law; the philosophy of law. |
| Term: Jurist |
| Definition: A legal scholar.
|
| Term: Juror |
| Definition: A person selected
to serve on a jury who has taken an oath to follow the law as enunciated
by the judge. |
| Term: Jury |
| Definition: An impartial group
summoned and sworn to decide disputed issues of facts at a trial.
|
| Term: Latent Defect |
| Definition: A defect in a
product or premises that is not readily observable or discoverable
even with the exercise of ordinary care. |
| Term: Lay Witness |
| Definition: Any witness not
testifying as an expert. Lay witnesses ordinarily cannot render
an opinion as to the ultimate issue in the case and can only testify
as to what they heard and saw. |
| Term: Leading Question |
| Definition: A question which
suggests to the witness the expected answer. Leading questions are
ordinarily improper and are objected to at trial. |
| Term: Letter Of Intent |
| Definition: A preliminary
writing setting forth an understanding between parties. Letters
of Intent ordinarily do not constitute binding agreements. |
| Term: Letters Rogatory |
| Definition: A request from
one court to another in a different state requesting that a witness
in such other state be directed to submit to a deposition or answer
written questions under oath. |
| Term: Liability |
| Definition: The duty, obligation
or responsibility arising by virtue of a contract or a tort (act
of negligence). |
| Term: Libel |
| Definition: A false defamatory
statement which is written or printed and published or communicated
to others. |
| Term: Libel Per Se |
| Definition: A libelous statement
which falsely accuses another of a crime, immoral conduct or professional
misconduct. To recover damages under such circumstances, it is not
necessary to show actual monetary loss. |
| Term: Limitations |
| Definition: See Statute of
Limitations. |
| Term: Limited Liability |
| Definition: The limitation
placed upon the amount a limited partner or corporate shareholder
can lose by reason of lawsuits or claims filed against a corporation.
Such losses are limited to the investment made. |
| Term: Litigation |
| Definition: A judicial proceeding
in which the rights, duties and obligations of parties are determined.
|
| Term: Long-Arm Statute |
| Definition: Law that allows
residents of different states to be served with process and sued
in the forum state by virtue of contacts with the forum state. |
| Term: Lump Sum Settlement |
| Definition: Arrangement whereby
the entire amount of compensation due to an employee or injured
party is paid at one time, often at a discount. |
| Term: Malicious Prosecution |
| Definition: A lawsuit filed
without probable cause or justification in law, intended to harass
a defendant. |
| Term: Malpractice |
| Definition: Negligence by
a professional such as a doctor, lawyer or engineer in the performance
of professional duties; professional misconduct. |
| Term: Mandamus |
| Definition: A writ or directive
issued by a court to an official compelling the performance of the
official's duties. |
| Term: Mandate |
| Definition: A judicial command
or order. |
| Term: Minority |
| Definition: The state of being
a minor; infancy; one who has not reached the age of majority. |
| Term: Mistrial |
| Definition: A trial that has
been terminated and voided due to a fundamental and prejudicial
error occurring during the course of the proceeding, or because
the jury was unable to reach a verdict. |
| Term: Mitigating Circumstances |
| Definition: Extenuating circumstances
that in justice and fairness may reduce the degree of damages or
punishment. Mitigating circumstances do not constitute justification
for a wrongful act. |
| Term: Monopoly |
| Definition: An association
formed to directly or indirectly control a particular industry or
trade in order to reduce or eliminate competition, generally in
violation of anti-trust laws. |
| Term: Motion |
| Definition: An application
to the court for an order. |
| Term: MRI Scans |
| Definition: Magnetic Resonance
Imaging (MRI) is another type of sophisticated diagnostic imaging
which examines body tissues by subjecting the atomic nuclei of the
tissues through a magnetic field. The procedure is non-invasive
and is thought to be safer than many other procedures.
MRI studies are extremely effective, and produce high-resolution
images giving information as to the metabolic status of tissues
and organs, as well as structural information regarding the body
itself. The MRI picture is of such a good contrast that biochemical
information about abnormal tissue can often times be derived.
MRI's are especially effective in the diagnosis of traumatic
brain injury, and other abnormalities involving tissues of the
brain. Its use is not limited to the brain, and MRI's are often
used in order to diagnose problems with the spine, eyes, liver,
kidneys, pancreas, pelvic structures, temporomandibular joint,
liver and spleen, pericardium, heart, and various joints.
|
| Term: Negligence |
| Definition: Failure to exercise
the degree of care ordinarily expected from a reasonably prudent
person under the same circumstances. |
| Term: Negligence Per Se |
| Definition: An error, omission,
or act in violation of a rule of law or statute which is presumed
to be proof of negligence. |
| Term: No-Fault Insurance |
| Definition: A type of automobile
insurance often required by statute, whereby one's own insurance
company pays the medical bills or expenses incurred by their insured
irrespective of fault. |
| Term: Nonsuit |
| Definition: A voluntary or
involuntary termination of a lawsuit, by or against a plaintiff
who is either unable to prove his case or proceed to trial. Often
a nonsuit is the result of procedural errors in a case. |
| Term: Notary Public |
| Definition: A public officer
who administers oaths, certifies documents, and performs certain
other official acts, such as solemnizing a marriage. |
| Term: Objection |
| Definition: A request to the
court to determine that a line of questioning, procedure, or evidence
is improper and should not be received by the court. |
| Term: Obstruction Of Justice |
| Definition: The act or attempt
to impede justice or a judicial proceeding, often by officials who
have a duty to administer justice. |
| Term: Occupational Safety And Health Act
(Osha) |
| Definition: A body of laws
consisting of safety and health standards intended to prevent employees
from being injured or contracting illnesses in the course of their
employment. |
| Term: Of Counsel |
| Definition: An attorney assisting
in the preparation or management of a case, but who is not the primary
attorney of record. |
| Term: Offer |
| Definition: An expressed willingness
to enter into a contract or to perform an act. |
| Term: Offer Of Proof |
| Definition: An offer of evidence
that has been ruled by the court to be inadmissible made for the
purpose of establishing an appellate record. |
| Term: Open Court |
| Definition: A court that is
actively engaged in the administration of justice; before the judge.
|
| Term: Opening Statement |
| Definition: Outline of anticipated
proof delivered to the jury at the beginning of a trial. |
| Term: Operation Of Law |
| Definition: A right or entitlement
arising under the law and not as a result of agreement. |
| Term: Opinion |
| Definition: The stated reason
for a court's judgment, finding or conclusion; the court's decision
or judgment. |
| Term: Option |
| Definition: A continuing offer
to sell which must be accepted by the optionee within terms of the
option, and if not accepted within the time specified, the right
to do so is lost. |
| Term: Order |
| Definition: A directive from
the court disposing of a matter collateral to the main action, or
adjudicating the matter itself, in which case it is a "final order".
|
| Term: Order To Show Cause |
| Definition: A directive from
the court instructing a party to appear before it and demonstrate
why such party took or failed to take an action and why a penalty
should not be assessed against such party. |
| Term: Out-Of-Pocket Expenses |
| Definition: Costs necessarily
incurred to prosecute a civil case or to protect rights or property
pending a court's determination. |
| Term: Overrule |
| Definition: To find an objection
raised to be invalid; to overturn or invalidate a prior decision
or holding. |
| Term: Overt Act |
| Definition: An open, outward
act which demonstrates intent or design. |
| Term: Pain And Suffering |
| Definition: An element of
non-economic damages to which the plaintiff may be entitled if injured
as the result of the wrongdoing of another. |
| Term: Paralegal |
| Definition: An individual
trained to perform a variety of legal tasks but who is not authorized
to practice law. |
| Term: Party |
| Definition: A plaintiff or
defendant in a judicial proceeding; person or entity that has entered
into a contract. |
| Term: Per Curiam |
| Definition: By the court.
|
| Term: Per Se |
| Definition: Lat.: Through
itself, i.e., not requiring external evidence to establish its existence.
|
| Term: Perjury |
| Definition: The willful making
of a false statement under oath which constitutes a criminal offense.
|
| Term: Person |
| Definition: A natural or artificial
being created under law, such as a corporation. |
| Term: Personal Property (Personalty) |
| Definition: Movable property
not attached to realty; chattels. |
| Term: PET Scan |
| Definition: Positron Emission
Tomography is a new test that studies brain function - not brain
structure. It is the only test that can measure functions as opposed
to tissue damage, changes in blood flow or other structural anomalies.
The patient is injected with minuscule positrons that make
visual to a computer the brain's function when it is using or
failing to properly use glucose or sugar.
The patient is injected with positrons and then, after the
positrons take effect, given glucose by intravenous drip. As the
sugar reaches the brain, the scan measures normal from abnormal
patterns of use.
When correlated with neuropsychological test results, PET
becomes an effective demonstrative diagnostic tool that objectively
defines abnormal brain function. |
| Term: Plaintiff |
| Definition: The party who
initiates a lawsuit. |
| Term: Pleadings |
| Definition: The allegations
contained in a complaint and answer; the complaint/answer or petition/response.
|
| Term: Power of Attorney |
| Definition: A written instrument
by which a principal appoints another to act as his or her agent
and authorizes the agent to perform certain acts. |
| Term: Precedent |
| Definition: A rule of law
established in earlier court decisions, that will generally be followed
by other courts. |
| Term: Preponderance Of Evidence |
| Definition: The greater weight
of the evidence; the general standard of proof required to prevail
in a civil case. |
| Term: Prima Facie Case |
| Definition: A case in which
sufficient evidence has been submitted to allow a jury or judge
to make a final determination unless overcome and contradicted by
other evidence. |
| Term: Principal |
| Definition: The employer or
master of an employee or agent; one who authorizes another to act
on his behalf. |
| Term: Privilege |
| Definition: A benefit or immunity
conferred by law. |
| Term: Privileged Communication |
| Definition: A communication
that is not admissible in evidence if made under circumstances in
which the law recognizes a right of privacy, as between an attorney
and a client. |
| Term: Procedure |
| Definition: The judicial process
for the administration of cases before it; the rules governing such
process. |
| Term: Proceeding |
| Definition: The various stages
and events involved in a judicial proceeding. |
| Term: Process |
| Definition: A formal writ,
most often a summons. |
| Term: Product Liability |
| Definition: An area of law
dealing with the liability of manufacturers or sellers of goods
that cause damage or injury to consumers. |
| Term: Property Settlement Agreement |
| Definition: An agreement setting
forth an agreed division of property owned or acquired by spouses
during their marriage; post-nuptial agreement. |
| Term: Proximate Cause |
| Definition: That which in
natural sequence produces an injury. |
| Term: Punitive Damages |
| Definition: Damages awarded
to punish a party who committed a wrongful act rather than to compensate
an injured party for actual damages; exemplary damages. |
| Term: Quantum Meruit |
| Definition: The equitable
value of the goods or services in question. The doctrine of quantum
meruit allows a plaintiff to recover the reasonable value of goods
or services provided to another who has derived a benefit and not
paid for such benefit. |
| Term: Quash |
| Definition: To annul, void
or vacate a prior judicial order or decision. |
| Term: Question Of Fact |
| Definition: A factual issue
submitted to the jury or to the judge in a bench trial for determination.
|
| Term: Question Of Law |
| Definition: A disputed legal
issue presented for judicial determination. |
| Term: Quid Pro Quo |
| Definition: That which a party
gives up in return for a benefit; the mutual consideration that
is exchanged between parties to a contract and makes it binding
|
| Term: Real Evidence |
| Definition: Tangible evidence
produced at trial which is capable of being physically inspected.
|
| Term: Real Property |
| Definition: Land, and whatever
grows on or is affixed to it. |
| Term: Reasonable Care |
| Definition: That degree of
care that would ordinarily be exercised by a reasonably prudent
person under similar circumstances. |
| Term: Reasonable Doubt |
| Definition: The degree of
uncertainty that compels a juror to find a defendant not guilty
in a criminal proceeding; a realistic uncertainty, even if remote.
|
| Term: Reasonable Man (Person) |
| Definition: A hypothetical
individual who exercises that degree of care, knowledge and judgment
that society ordinarily requires of its members. |
| Term: Reasonable Time |
| Definition: That period of
time which is ordinarily acceptable under the circumstances to respond
or take some action. |
| Term: Rebuttal |
| Definition: Argument or evidence
presented by an attorney in response to statements, claims, arguments,
or evidence of an opposing party. |
| Term: Recess |
| Definition: A temporary adjournment
or suspension of court proceedings. |
| Term: Record |
| Definition: A transcript,
or papers transmitted from lower court to an appellate court upon
which the appellate court decides the appeal. |
| Term: Recusal |
| Definition: The disqualification
or voluntary withdrawal by a judge from a pending case due to the
appearance of bias or lack of impartiality. |
| Term: Regulations |
| Definition: Rules and enactments
of an administrative agency. |
| Term: Rehearing |
| Definition: A re-trial or
reconsideration of a case or an issue by the court at the request
of a party. |
| Term: Release |
| Definition: A written document
evidencing the satisfaction of a debt; the giving up of some right,
claim or interest. |
| Term: Relevancy |
| Definition: The test applied
to the quality of evidence to determine whether it is competent
to prove a fact in issue. |
| Term: Relief |
| Definition: Assistance or
redress at the hands of the court. |
| Term: Remedy |
| Definition: Recourse at law
to recover damages or enforce a legal right. |
| Term: Remittitur |
| Definition: The process or
power of the court to reduce a jury verdict that is deemed to be
excessive. |
| Term: Removal Of Case |
| Definition: The transfer of
a case from one court to another, generally from state to federal
court. |
| Term: Rendition |
| Definition: The filing of
a signed, written order with the clerk of the court. |
| Term: Reply |
| Definition: A response to
a pleading that has raised a new matter as a defense. |
| Term: Representative |
| Definition: One who acts for
another with permission; an agent. |
| Term: Repudiation |
| Definition: An act or declaration
which clearly indicates that a party will not perform an act that
a contract requires be performed in the future. |
| Term: Res Ipsa Loquiter |
| Definition: Lat.: The thing
speaks for itself. The Doctrine of Res Ipsa allows negligence to
be inferred by virtue of the fact that an accident happened, e.g.,
a sponge found in the body of a patient after surgery. |
| Term: Res Judicata |
| Definition: Lat.: A thing
decided. The doctrine stating that a matter that has already been
judicially determined is conclusive and is not subject to re-litigation.
|
| Term: Rescind |
| Definition: To cancel or nullify
a contract, either mutually or unilaterally. |
| Term: Rescission |
| Definition: A judicial decree
that cancels or annuls a contract; the termination of the contract
by word or act of the parties. |
| Term: Retainer |
| Definition: An initial or
advanced payment to an attorney for services to be performed; the
act of employing an attorney. |
| Term: Return of Service |
| Definition: A writing made
by an officer attesting to the fact that he/she served process (summons
or subpoena) on a party, or that he/she was unable to do so. |
| Term: Review |
| Definition: A re-examination
of decisions, orders and proceedings of an inferior court by an
appellate court; reconsideration. |
| Term: Rider |
| Definition: An amendment or
addition to a document or contract, especially an insurance contract.
|
| Term: Right of Privacy |
| Definition: A generally accepted
legal right to be let alone and live one's life free from unwarranted
publicity or intrusion. Disruption of the right of privacy may give
rise to a cause of action or claim in tort. |
| Term: Right of Way |
| Definition: A right of crossing
or passage over the land of another; the strip of land on which
the right of way is located. |
| Term: Risk of Loss |
| Definition: A provision in
a contract identifying the party who bears the risk of damage or
destruction of property during its transfer from seller to buyer.
|
| Term: Sanction |
| Definition: To order punishment
or penalties for violation of a rule of law or procedure, or the
penalty for such violation. |
| Term: Satisfaction |
| Definition: A document evidencing
release or discharge of an obligation such as a mortgage. |
| Term: Sealing Of Records |
| Definition: The making of
records unavailable to the public except by court order. |
| Term: Secured Transaction |
| Definition: Any transaction
which is intended to create a security interest or lien in personal
property or fixtures. |
| Term: Securities Acts |
| Definition: The various federal
statutes that require full disclosure of material facts relevant
to the offer or sale of stock. |
| Term: Security |
| Definition: Any note, stock,
bond, debenture, evidence of indebtedness, certificate of interest
or participation issued by a corporation indicating ownership; collateral.
|
| Term: Security Agreement |
| Definition: An agreement which
creates or provides for a security interest. |
| Term: Security Interest |
| Definition: An interest in
real or personal property which secures or ensures payment of an
obligation. |
| Term: Self-Incrimination |
| Definition: Statements by
a defendant which would tend to admit guilt to a criminal offense.
Under the Fifth Amendment, persons may refuse to answer questions
or give testimony which would tend to subject them to criminal prosecution.
|
| Term: Sequester Settlor |
| Definition: To protect a jury
from outside influences or information; to take a thing which is
the subject of a controversy and place it in the hands of a third
party for protection. Person who establishes a trust. |
| Term: Service Mark |
| Definition: Any word, name,
symbol, character, design, drawing or device used to identify services
rendered and to distinguish them from services rendered or offered
by others.] |
| Term: Sever |
| Definition: The separation
of a case into two separate trials of a case where two or more defendants
have been named in the same criminal indictment or information;
the removal of one or more claims in a civil lawsuit so that such
claims may be tried separately. |
| Term: Show Cause Order |
| Definition: An order issuing
from the court requiring a party to appear and demonstrate why certain
relief should or should not be granted. |
| Term: Side-Bar |
| Definition: An area of the
courtroom out of the hearing range of the jury and witnesses, where
the judge and attorneys can hold brief conferences. |
| Term: Small Claims Court |
| Definition: A court of limited
jurisdiction that hears and tries claims involving lesser sums of
money. |
| Term: Specific Performance |
| Definition: A remedy available
to an injured party when the remedy at law is inadequate, whereby
a defendant may be required to perform under the terms of a contract
instead of paying money damages. |
| Term: SPECT |
| Definition: SPECT or Single
Photon Emission Tomography produces a computerized image of the
brain through utilization of radioactive isotopes. SPECT does not
generally produce an image of the same quality as that produced
by PET. Nonetheless, SPECT scanning can be an effective diagnostic
tool. |
| Term: Speedy Trial |
| Definition: The rule of law
arising under the 6th Amendment to the United States Constitution
or under state constitutions mandating that a person accused of
a crime be discharged in the event the prosecuting authorities fail
to bring him/her to trial within certain specified periods of time.
|
| Term: Standard Of Care |
| Definition: That which a reasonably
prudent person would do under the same circumstances. Failure to
comply with the standard of care will render a party liable for
damages to an injured party. |
| Term: Standing |
| Definition: The right to present
and prosecute a claim; standing is ordinarily dependent on having
sustained a direct injury. |
| Term: Stare Decisis |
| Definition: The general rule
that courts will abide with prior decisions and precedents and apply
the same principles in every case. |
| Term: Statute |
| Definition: An act, code or
rule enacted by the legislature and adopted as law. |
| Term: Statute Of Frauds |
| Definition: The requirement
that certain types of contracts be in writing to be enforceable.
Examples of such contracts include; contracts for the purchase or
sale of land and agreements which by their terms cannot be performed
within one year. |
| Term: Statute Of Limitations |
| Definition: A statute that
fixes the time within which a lawsuit on a claim must be filed,
and beyond which, it will be forever barred. |
| Term: Stay |
| Definition: A temporary suspension
of legal proceedings by court order. |
| Term: Stipulation |
| Definition: A voluntary agreement
on an issue of fact or procedure reached between parties in a lawsuit.
|
| Term: Strict Liability |
| Definition: Liability that
arises without the necessity of first showing fault or negligence.
For example, many states impose strict liability on the owners of
animals that cause damage or injury. |
| Term: Sua Sponte |
| Definition: An action by the
court of its own volition, without a motion having been made by
any party. |
| Term: Sub Judice |
| Definition: Under consideration
by the court. |
| Term: Subordination Agreement |
| Definition: An agreement establishing
the priority of payment of claims, whereby a creditor may agree
that claims of other creditors are discharged before payment is
made to the subordinated creditor. |
| Term: Subpoena |
| Definition: A writ issued
by the court to compel the appearance of a witness at a judicial
proceeding. |
| Term: Subrogation |
| Definition: The right of an
innocent party who has paid benefits as a result of a third party's
wrongful action to recover such payments from the responsible party.
|
| Term: Sui Juris |
| Definition: One who is competent
and of the age of majority. |
| Term: Suit |
| Definition: Any judicial proceeding
in which a remedy is sought. |
| Term: Summary Judgment |
| Definition: A judgment issued
by the court before trial based upon a finding that there are no
disputed issues of fact and that the applicable law compels a certain
result. |
| Term: Summary Proceeding |
| Definition: An expedited proceeding
under simplified rules, allowing the case to proceed to hearing
quickly. Landlord-tenant matters are typically the subject of summary
proceedings. |
| Term: Summation |
| Definition: The closing argument
of the parties. |
| Term: Summons |
| Definition: A document issued
by the clerk of the court requiring an appearance or answer to be
filed by the defendant under penalty of having judgment entered
or an arrest warrant issued. |
| Term: Supersedeas |
| Definition: A writ from a
superior court suspending the power of a lower court to issue an
execution upon a judgment issued by it. |
| Term: Supress |
| Definition: To exclude evidence
based on a violation of constitutional rights, rule of law or procedure.
|
| Term: Tangible Property |
| Definition: Property that
may be felt or touched (as distinct from a debt or property right).
|
| Term: Tender |
| Definition: An unconditional
offer to pay or to perform a contractual obligation. |
| Term: Testate |
| Definition: Having a valid
will. |
| Term: Testator/Testatrix |
| Definition: Male or female
who makes or has a will. |
| Term: Testimony |
| Definition: Statement by a
witness or a party made under oath in a legal proceeding or deposition.
|
| Term: Third-Party Beneficiary |
| Definition: A person who receives
an intended or incidental benefit by virtue of a contract to which
he or she is not a party and for which he or she has paid no consideration.
|
| Term: Time is of the Essence |
| Definition: A contract term
that fixes the time of performance and establishes such time as
being critical, so that failure to perform within such time will
constitute a default. |
| Term: Tort |
| Definition: A private or civil
wrong that results in an injury; a breach of the duty of care causing
damage; a negligent act. |
| Term: Tortfeasor |
| Definition: One who commits
a tort. |
| Term: Trade Name |
| Definition: The name under
which a person does business, and which identifies the business.
|
| Term: Trade Secret |
| Definition: Any formula, process,
plan or mechanism developed and utilized in conjunction with one's
business which is kept private or secret in order to obtain an advantage
over competitors. |
| Term: Trademark |
| Definition: Any mark, word,
or design affixed to goods or products which authenticates them.
|
| Term: Treble Damages |
| Definition: Damages established
by statute, most commonly applicable to anti-trust violations, whereby
the plaintiff receives an award of three times the amount of actual
damages. |
| Term: Trespass |
| Definition: Wrongful interference
with the use of the property of another. |
| Term: Trial Court |
| Definition: A court of original
jurisdiction which hears and tries a lawsuit. |
| Term: Trust |
| Definition: An entity or method
through which assets can be held for distribution to beneficiaries
at a later date. |
| Term: Trustee |
| Definition: A duly authorized
agent or fiduciary who holds title to property for the benefit of
another person; the administrator of a trust. |
| Term: Ultra Vires |
| Definition: An action by a
corporation that is beyond the scope of powers conferred by statute
or authorized by corporate documents. |
| Term: Underwrite |
| Definition: To insure payment
or satisfaction of an obligation; to insure life or property; to
sell stock or bonds to the public and agree to buy any that are
not sold. |
| Term: Undue Influence |
| Definition: That degree of
influence or compulsion that destroys or eliminates another's free
will; any improper persuasion whereby the will of a person is overpowered
inducing an action which otherwise would not have been taken. |
| Term: Uniform Commercial Code (U.C.C.) |
| Definition: A compilation
of laws governing commercial transactions. |
| Term: United States Code |
| Definition: The official compilation
of federal statutes. |
| Term: Unjust Enrichment |
| Definition: The doctrine that
a person should not be allowed to gain or benefit improperly from
the acts and efforts of another without compensation. |
| Term: Unliquidated |
| Definition: Not as yet determined
as to amount. |
| Term: Usury |
| Definition: The wrongful charging
of interest at a rate which exceeds that allowed by statute. Usury
may constitute a crime under state law depending on the rate of
interest charged. |
| Term: Vacate |
| Definition: To void or set
aside a judgment or order. |
| Term: Variance |
