|
||||||||||||||||||||||||||||||
|
Legal Dictionary
A
Adjudication
The final order, pronouncement or judgment of a court or other
tribunal.
Adjuster
An employee or agent of an insurance company who handles a
casualty claim.
Admission
A statement or confession by a party to a lawsuit acknowledging
that certain facts which may be against his interests are
true.
Advocate
One who renders legal advice, assistance or argues on behalf
of a party before a court or tribunal; a lawyer.
Affidavit
A written statement or declaration made under oath before
a notary or other person authorized to certify the statement.
Affirmation
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.
Affirmative Defense
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.
Allegation
A statement or declaration of fact that a party expects to
prove, generally set out in a pleading (complaint).
Allege
To state, assert or declare.
Amendment
A change or addition which improves or supplements another
written document.
Amicable
Friendly; mutually agreed to, as a settlement.
Appraisal
A valuation of property by a disinterested party who is qualified
to do so (appraiser).
Arbitration
The process through which a controversy is submitted to an
impartial person called an arbitrator, to resolve a dispute
outside of the court system.
Arbitration Clause
A provision in a contract providing for arbitration in lieu
of a court action.
Attest
To affirm to be true; to act as a witness by signing.
Attorney
One licensed to practice law under state rules (admitted to
the bar); an agent appointed to act in place of another; an
advocate.
B
Bad Faith
Willful or dishonest conduct in a situation where a party
owes a financial or other duty to a third party.
Brain Mapping 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.
Breach of Contract
Failure, without legal excuse, to perform a duty required
under a contract.
Burden Of Proof
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.
C
Carrier
One engaged in the transportation of goods or freight; an
insurance company.
Case Law
Reported court decisions forming the body of jurisprudence.
Carrier
One engaged in the transportation of goods or freight; an
insurance company.
Case Law
Reported court decisions forming the body of jurisprudence.
Cause Of Action
A claim which will support a valid lawsuit; the lawsuit itself.
Certify
To make known or establish as a fact; to declare in writing.
Chambers
A judge's private office, where a hearing can be conducted.
Check
A draft or order to pay money.
Circumstantial Evidence
Indirect or secondary evidence through which a fact may be
proved by inference.
Civil Action
A lawsuit outside of the criminal justice system, seeking
redress or an award of damage for a civil wrong.
Civil Procedure
The rules that regulate practice before a civil court.
Civil Rights
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.
Claim
An asserted right to money, property or relief.
Claimant
A party asserting or presenting a claim.
Class Action
A lawsuit brought by a limited number of members on behalf
of a larger group, all of whom share a common right or damage.
Clause
A paragraph or subdivision of a legal document such as a contract.
Clerk Of Court
An officer of the court who has clerical duties, including
record keeping, filing and making certified copies.
Code
A compilation or collection of laws and statutes.
Comparative Negligence
The doctrine providing that any award for injury caused by
a defendant is reduced proportionately by the plaintiff's
relative degree of negligence.
Compensatory Damages
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.
Competent
Having the ability to understand the nature and consequences
of one's actions.
Complaint
The initial pleading filed in a lawsuit by the plaintiff setting
out the facts upon which the claim is based.
Conclusion Of Fact
The inference drawn by a jury or the decider of fact based
upon the evidence.
Confidential Communication
A communication not intended to be disclosed to third parties,
as between a lawyer and client.
Confidential Relationship
A fiduciary or other relationship which requires the utmost
of good faith, and often, an understanding that communications
between the parties are private.
Consideration
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.
Consolidate
To join together, as several lawsuits with identical parties
or issues.
Consortium
Affection, company and sexual relations between spouses.
Contingency Fee
A fee paid to an attorney conditioned on a successful recovery
in a negligence claim, based on a percentage of the recovery.
Continuance
A temporary stay or postponement of a legal proceeding.
Contributory Negligence
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.
Costs
Expenses incurred in the prosecution of a lawsuit, including
filing fees, deposition expenses and witness fees.
Counterclaim
A claim filed by the defendant against a plaintiff as part
of defendant's response to a lawsuit.
Court
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.
Court Calendar
The schedule of cases pending before the court.
Court Order
Any judgment or order of any court of appropriate jurisdiction.
Court Reporter
Person certified to transcribe by shorthand or stenographic
means any court proceeding or pretrial matter.
Credible
Worthy of belief.
Cross-Claim
A lawsuit filed by one defendant in a lawsuit against another
defendant in the same lawsuit.
Cross-Examination
The questioning of a witness at trial or deposition by the
adverse party.
CT Scan
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.
D
Damages
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.
Default
Failure to pay or discharge a duty.
Default Judgment
A judgment against a defendant who has failed to respond or
otherwise appear in a lawsuit.
Defendant
In a civil proceeding, the party being sued; in criminal proceedings,
the accused.
Deliberation
A process by which jurors reach a verdict; the act of weighing
and examining evidence.
Demand
Assert a legal right; claim.
Demand Note
A written document evidencing indebtedness which is payable
upon demand or presentation.
Deponent
A witness who gives testimony under oath at a deposition;
an affiant.
Deposition
The giving of testimony and cross-examination of witnesses
before trial. Ordinarily a deposition is stenographically
transcribed and recorded for later use.
Depreciation
A reduction in property value resulting from age or use.
Determination
The final decision of a court.
Discovery
Various pre-trial procedures including depositions, interrogatories
and requests for production, whereby parties obtain evidence
to be used at trial.
Dismiss
To reject a claim or suit temporarily or permanently without
further hearing or consideration through an order of dismissal.
Docket
List of cases to be heard or tried; record book containing
summaries of court action in any case.
Dismissal with Prejudice
A dismissal of a claim on its merits leaving nothing more
for determination by the court and having the force of a final
judgment.
E
EEG
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.
Endorsement
The signature on the back of a check or other negotiable instrument.
Error
Mistake of law or fact forming the basis of an appeal
to a higher court.
Evidence
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.
Ex Parte
An application or communication to the court without notice
and outside the presence of an adverse party. Ex Parte communications
are prohibited.
Ex Post Facto
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.
Execute
To complete a legal document, as by signing.
Exemplary Damages
Punitive damages awarded to punish outrageous conduct, over
and above compensatory damages.
Exhibit
Tangible evidence, a display or document presented to the
court or jury which tends to prove or explain some relevant
fact.
Expert Witness
Witness with specialized training or experience who is permitted
to render opinion testimony in a legal proceeding.
F
Factor
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.
Fault
Negligence; misconduct; deviation from standard of care.
Fiduciary
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.
Fiduciary Relationship
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.
First Amendment
A guarantee of freedom of speech, assembly, press, petition,
and free exercise of religion contained in the Bill of Rights.
For Cause
With sufficient legal justification to perform an act.
G
Good Faith
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.
Grace Period
The period during which insurance continues to be in force
despite a delayed payment of premium.
Grand Jury
A jury convened to hear evidence and determine whether an
indictment (criminal charge) should be issued. Grand Juries
have investigative and subpoena powers.
Gross Negligence
A negligent act committed with a conscious indifference to
the consequences thereof willfully or wantonly.
Guarantor
A person or entity who agrees in writing to pay the indebtedness
of another.
Guardian
One who the law has entrusted with the custody and control
of the person or property of a ward.
Guardian Ad Lietem
One appointed by a court in which litigation is pending to
represent a ward (e.g., a minor or incompetent).
H
Habeas Corpus
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.
Hearsay
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.
Hearsay Rule
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.
Hidden Defect
A defect in property or goods which is not readily detectable,
that causes injury to a third party.
Hostile Witness
An adverse witness or opposing party who is known to offer
prejudicial evidence as a result of such adverse interest
or bias.
Hung Jury
A jury that cannot reach a verdict due to an inability to
reconcile their differences.
Hypothetical Question
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.
I
Immunity
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.
Impleader
A procedure whereby a third party may be brought into a lawsuit
by a defendant who is being sued by a plaintiff.
Implied
Where the intention of the parties is not shown by direct
terms but derived from surrounding circumstances or conduct.
Incapacity
Lack of sufficient legal, physical or intellectual power to
perform an act.
Incompetency
The inability or incapacity at law to perform an act, such
as giving testimony or making a will.
Incumbrance
See Encumbrance.
Indemnify
To insure a third party against loss; to agree to pay damages
resulting from another's actions.
Indemnity
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.
Indenture
A deed to which several persons are parties, in which each
assumes corresponding obligations.
Indispensable Party
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.
Informed Consent
Consent given after full disclosure of constitutional and
other legal rights which impact on whether consent would be
given.
Infringement
The unauthorized use, sale or manufacture of an invention,
trademark, tradename or copyright.
Injunction
An order or writ issuing from a court compelling a party to
perform or refrain from performing certain acts.
Inquest
An inquiry by a coroner into the manner of death in a possible
homicide case; a tribunal selected to inquire into selected
factual matters.
Insurable Interest
A real and financial interest in property or the life of another
sufficient to support and justify ownership of an insurance
policy.
Intangible Personal Property
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).
Intent
The state of mind necessary to support a criminal proceeding
against a defendant; the knowing performance of an act.
Interpleader
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.
Interrogatories
Written questions served on a party to a lawsuit to be answered
under oath as part of pre-trial discovery.
Ipso Facto
By virtue of the mere fact of itself.
Irrelevant
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.
Irreparable Injury
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.
Irrevocable
That which cannot be revoked or undone.
Issue
A point of controversy in a lawsuit; all persons descended
from a common ancestor.
J-K
Joinder
Combining several causes of action or parties in a single
lawsuit.
Jones Act
A federal law providing medical, disability and death benefits
to sailors who suffer injuries in the course of their employment.
Judge Advocate
An officer at a court-martial who may act as clerk, prosecutor
and/or legal advisor to the court.
Judgment
A final determination by a court; the official decision of
the court.
Jurisdiction
The power and authority of a court to hear and determine a
case.
Jurisprudence
The collective legal system including case law; the philosophy
of law.
Jurist
A legal scholar.
Juror
A person selected to serve on a jury who has taken an oath
to follow the law as enunciated by the judge.
Jury
An impartial group summoned and sworn to decide disputed issues
of facts at a trial.
L
Latent Defect
A defect in a product or premises that is not readily observable
or discoverable even with the exercise of ordinary care.
Lay Witness
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.
Leading Question
A question which suggests to the witness the expected answer.
Leading questions are ordinarily improper and are objected
to at trial.
Letter of Intent
A preliminary writing setting forth an understanding between
parties. Letters of Intent ordinarily do not constitute binding
agreements.
Letters Rogatory
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.
Liability
The duty, obligation or responsibility arising by virtue of
a contract or a tort (act of negligence).
Libel
A false defamatory statement which is written or printed and
published or communicated to others.
Libel Per Se
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.
Limitations
See Statute of Limitations.
Limited Liability
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.
Litigation
A judicial proceeding in which the rights, duties and obligations
of parties are determined.
Long-Arm Statute
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.
Lump Sum Settlement
Arrangement whereby the entire amount of compensation due
to an employee or injured party is paid at one time, often
at a discount.
M
Malpractice
Negligence by a professional such as a doctor, lawyer or engineer
in the performance of professional duties; professional misconduct.
Mandamus
A writ or directive issued by a court to an official compelling
the performance of the official's duties.
Mandate
A judicial command or order.
Minority
The state of being a minor; infancy; one who has not reached
the age of majority.
Mistrial
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.
Mitigating Circumstances
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.
Monopoly
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.
Motion
An application to the court for an order.
MRI Scans
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.
N
Negligence
Failure to exercise the degree of care ordinarily expected
from a reasonably prudent person under the same circumstances.
Negligence Per Se
An error, omission, or act in violation of a rule of law or
statute which is presumed to be proof of negligence.
No-Fault Insurance
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.
Nonsuit
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.
Notary Public
A public officer who administers oaths, certifies documents,
and performs certain other official acts, such as solemnizing
a marriage.
O
Objection
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.
Obstruction of Justice
The act or attempt to impede justice or a judicial proceeding,
often by officials who have a duty to administer justice.
Occupational Safety and Health Act
(OSHA)
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.
Of Counsel
An attorney assisting in the preparation or management of
a case, but who is not the primary attorney of record.
Offer
An expressed willingness to enter into a contract or to perform
an act.
Offer of Proof
An offer of evidence that has been ruled by the court to be
inadmissible made for the purpose of establishing an appellate
record.
Open Court
A court that is actively engaged in the administration of
justice; before the judge.
Opening Statement
Outline of anticipated proof delivered to the jury at the
beginning of a trial.
Operation of Law
A right or entitlement arising under the law and not as a
result of agreement.
Opinion
The stated reason for a court's judgment, finding or conclusion;
the court's decision or judgment.
Option
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.
Order
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".
Order to Show Cause
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.
Out-of-Pocket Expenses
Costs necessarily incurred to prosecute a civil case or to
protect rights or property pending a court's determination.
Overrule
To find an objection raised to be invalid; to overturn or
invalidate a prior decision or holding.
Overt Act
An open, outward act which demonstrates intent or design.
P
Pain And Suffering
An element of non-economic damages to which the plaintiff
may be entitled if injured as the result of the wrongdoing
of another.
Paralegal
An individual trained to perform a variety of legal tasks
but who is not authorized to practice law.
Party
A plaintiff or defendant in a judicial proceeding; person
or entity that has entered into a contract.
Per Curiam
By the court.
Per Se
Lat.: Through itself, i.e., not requiring external evidence
to establish its existence.
Perjury
The willful making of a false statement under oath which constitutes
a criminal offense.
Person
A natural or artificial being created under law, such as a
corporation.
Personal Property (Personalty)
Movable property not attached to realty; chattels.
PET Scan
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.
Plaintiff
The party who initiates a lawsuit.
Pleadings
The allegations contained in a complaint and answer; the complaint/answer
or petition/response.
Power of Attorney
A written instrument by which a principal appoints another
to act as his or her agent and authorizes the agent to perform
certain acts.
Precedent
A rule of law established in earlier court decisions, that
will generally be followed by other courts.
Preponderance of Evidence
The greater weight of the evidence; the general standard of
proof required to prevail in a civil case.
Prima Facie Case
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.
Principal
The employer or master of an employee or agent; one who authorizes
another to act on his behalf.
Privilege
A benefit or immunity conferred by law.
Privileged Communication
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.
Procedure
The judicial process for the administration of cases before
it; the rules governing such process.
Proceeding
The various stages and events involved in a judicial proceeding.
Process
A formal writ, most often a summons.
Product Liability
An area of law dealing with the liability of manufacturers
or sellers of goods that cause damage or injury to consumers.
Property Settlement Agreement
An agreement setting forth an agreed division of property
owned or acquired by spouses during their marriage; post-nuptial
agreement.
Proximate Cause
That which in natural sequence produces an injury.
Punitive Damages
Damages awarded to punish a party who committed a wrongful
act rather than to compensate an injured party for actual
damages; exemplary damages.
Q
Quantum Meruit
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.
Quash
To annul, void or vacate a prior judicial order or decision.
Question of Fact
A factual issue submitted to the jury or to the judge in a
bench trial for determination.
Question of Law
A disputed legal issue presented for judicial determination.
Quid Pro Quo
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.
R
Real Evidence
Tangible evidence produced at trial which is capable of being
physically inspected.
Real Property
Land, and whatever grows on or is affixed to it.
Reasonable Care
That degree of care that would ordinarily be exercised by
a reasonably prudent person under similar circumstances.
Reasonable Doubt
The degree of uncertainty that compels a juror to find a defendant
not guilty in a criminal proceeding; a realistic uncertainty,
even if remote.
Reasonable Man (Person)
A hypothetical individual who exercises that degree of care,
knowledge and judgment that society ordinarily requires of
its members.
Reasonable Time
That period of time which is ordinarily acceptable under the
circumstances to respond or take some action.
Rebuttal
Argument or evidence presented by an attorney in response
to statements, claims, arguments, or evidence of an opposing
party.
Recess
A temporary adjournment or suspension of court proceedings.
Record
A transcript, or papers transmitted from lower court to an
appellate court upon which the appellate court decides the
appeal.
Recusal
The disqualification or voluntary withdrawal by a judge from
a pending case due to the appearance of bias or lack of impartiality.
Regulations
Rules and enactments of an administrative agency.
Rehearing
A re-trial or reconsideration of a case or an issue by the
court at the request of a party.
Release
A written document evidencing the satisfaction of a debt;
the giving up of some right, claim or interest.
Relevancy
The test applied to the quality of evidence to determine whether
it is competent to prove a fact in issue.
Relief
Assistance or redress at the hands of the court.
Remedy
Recourse at law to recover damages or enforce a legal right.
Remittitur
The process or power of the court to reduce a jury verdict
that is deemed to be excessive.
Removal of Case
The transfer of a case from one court to another, generally
from state to federal court.
Rendition
The filing of a signed, written order with the clerk of the
court.
Reply
A response to a pleading that has raised a new matter as a
defense.
Representative
One who acts for another with permission; an agent.
Repudiation
An act or declaration which clearly indicates that a party
will not perform an act that a contract requires be performed
in the future.
Res Ipsa Loquiter
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.
Res Judicata
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.
Rescind
To cancel or nullify a contract, either mutually or unilaterally.
Rescission
A judicial decree that cancels or annuls a contract; the termination
of the contract by word or act of the parties.
Retainer
An initial or advanced payment to an attorney for services
to be performed; the act of employing an attorney.
Return of Service
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.
Review
A re-examination of decisions, orders and proceedings of an
inferior court by an appellate court; reconsideration.
Rider
An amendment or addition to a document or contract, especially
an insurance contract.
Right of Privacy
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.
Right of Way
A right of crossing or passage over the land of another; the
strip of land on which the right of way is located.
Risk of Loss
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.
S
Sanction
To order punishment or penalties for violation of a rule of
law or procedure, or the penalty for such violation.
Satisfaction
A document evidencing release or discharge of an obligation
such as a mortgage.
Sealing of Records
The making of records unavailable to the public except by
court order.
Secured Transaction
Any transaction which is intended to create a security interest
or lien in personal property or fixtures.
Securities Acts
The various federal statutes that require full disclosure
of material facts relevant to the offer or sale of stock.
Security
Any note, stock, bond, debenture, evidence of indebtedness,
certificate of interest or participation issued by a corporation
indicating ownership; collateral.
Security Agreement
An agreement which creates or provides for a security interest.
Security Interest
An interest in real or personal property which secures or
ensures payment of an obligation.
Self-Incrimination
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.
Sequester Settlor
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.
Service Mark
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.
Sever
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.
Show Cause Order
An order issuing from the court requiring a party to appear
and demonstrate why certain relief should or should not be
granted.
Side-Bar
An area of the courtroom out of the hearing range of the jury
and witnesses, where the judge and attorneys can hold brief
conferences.
Small Claims Court
A court of limited jurisdiction that hears and tries claims
involving lesser sums of money.
Specific Performance
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.
SPECT
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.
Speedy Trial
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.
Standard of Care
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.
Standing
The right to present and prosecute a claim; standing is ordinarily
dependent on having sustained a direct injury.
Stare Decisis
The general rule that courts will abide with prior decisions
and precedents and apply the same principles in every case.
Statute
An act, code or rule enacted by the legislature and adopted
as law.
Statute of Frauds
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.
Statute of Limitations
A statute that fixes the time within which a lawsuit on a
claim must be filed, and beyond which, it will be forever
barred.
Stay
A temporary suspension of legal proceedings by court order.
Stipulation
A voluntary agreement on an issue of fact or procedure reached
between parties in a lawsuit.
Strict Liability
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.
Sua Sponte
An action by the court of its own volition, without a motion
having been made by any party.
Sub Judice
Under consideration by the court.
Subordination Agreement
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.
Subpoena
A writ issued by the court to compel the appearance of a witness
at a judicial proceeding.
Subrogation
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.
Sui Juris
One who is competent and of the age of majority.
Suit
Any judicial proceeding in which a remedy is sought.
Summary Judgment
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.
Summary Proceeding
An expedited proceeding under simplified rules, allowing the
case to proceed to hearing quickly. Landlord-tenant matters
are typically the subject of summary proceedings.
Summation
The closing argument of the parties.
Summons
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.
Supersedeas
A writ from a superior court suspending the power of a lower
court to issue an execution upon a judgment issued by it.
Supress
To exclude evidence based on a violation of constitutional
rights, rule of law or procedure.
T
Tangible Property
Property that may be felt or touched (as distinct from a debt
or property right).
Tender
An unconditional offer to pay or to perform a contractual
obligation.
Testate
Having a valid will.
Testator/Testatrix
Male or female who makes or has a will.
Testimony
Statement by a witness or a party made under oath in a legal
proceeding or deposition.
Third-Party Beneficiary
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.
Time Is of the Essence
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.
Tort
A private or civil wrong that results in an injury; a breach
of the duty of care causing damage; a negligent act.
Tortfeasor
One who commits a tort.
Trade Name
The name under which a person does business, and which identifies
the business.
Trade Secret
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.
Trademark
Any mark, word, or design affixed to goods or products which
authenticates them.
Treble Damages
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.
Trespass
Wrongful interference with the use of the property of another.
Trial Court
A court of original jurisdiction which hears and tries a lawsuit.
Trust
An entity or method through which assets can be held for distribution
to beneficiaries at a later date.
Trustee
A duly authorized agent or fiduciary who holds title to property
for the benefit of another person; the administrator of a
trust.
U
Ultra Vires
An action by a corporation that is beyond the scope of powers
conferred by statute or authorized by corporate documents.
Underwrite
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.
Undue Influence
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.
Uniform Commercial Code (U.C.C.)
A compilation of laws governing commercial transactions.
United States Code
The official compilation of federal statutes.
Unjust Enrichment
The doctrine that a person should not be allowed to gain or
benefit improperly from the acts and efforts of another without
compensation.
Unliquidated
Not as yet determined as to amount.
Usury
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.
V
Vacate
To void or set aside a judgment or order.
Variance
A modification of zoning ordinance regulations to permit the
use of property in a manner otherwise forbidden, when such
variance will not be contrary to the public interest.
Venire
Process by which jurors are summoned to try a case; the jury
panel.
Venue
The place of trial; one of several places where a trial may
properly be conducted.
Verdict
The opinion and findings of a jury as reported to the court.
Verification
An affidavit, oath or deposition attesting to the accuracy
of a statement contained in a document.
Vicarious Liability
Liability imposed on one person for the actions of another,
as in the case of an employer who is vicariously liable for
the acts of an employee performed in the course and scope
of the employee's duties. See also Master and Servant.
View
An inspection of an object by the court or jury where the
object or location viewed cannot conveniently be produced
in court.
Void
Having no legal force; null.
Voidable
Capable of being rendered void or annulled.
Voir Dire
The process of examination of prospective jurors by the court
or attorneys to determine their qualification for jury service
and to uncover any biases or conflicts of interest.
W
Waiver
The voluntary and intentional surrender of a right or privilege.
Ward
A person for whom a guardianship has been established.
Warranty
A promise to perform, make good, repair or indemnify the promissee
for a loss incurred in the event a represented fact proves
to be untrue; a promise that a fact is true.
Warranty Deed
A deed which warrants and guarantees that the title being
transferred is free and clear of all encumbrances.
Weight of the Evidence
The balance of the greater amount of credible evidence.
Whiplash Injury
A soft-tissue injury to the neck or back usually associated
with rear-end automobile collisions.
Will
A dispositive document prepared by or at the direction of
a testator of sufficient testamentary capacity, indicating
how property is to be disposed of as of the date of death.
Willful
Intentional; intending the result which comes to pass.
With Prejudice
A phrase used in orders of judgments indicating that an action
or claim has been irrevocably dismissed and the only available
remedy thereafter is an appeal.
Work Product
Work done by an attorney in the course of his representation
of a client that is privileged and cannot be obtained by an
adverse party.
Worker's Compensation
Mandatory insurance under state law that pays medical and
lost wage benefits to workers injured in the course and scope
of their employment.
Writ
The means by which a court compels acts to be performed, including
such documents as an arrest warrant, garnishment and writs
of attachment.
Writ of Assistance
A writ issued by a court in order to enforce its judgment
or decree.
Writ of Execution
An order directed to a sheriff or other law enforcement officer
to levy and execute upon the property of a judgment debtor
to satisfy a judgment.
Writ of Prohibition
A writ issued by a Superior Court directing a judge, court
or tribunal not to take an action that would be in excess
of and beyond its jurisdiction.
Wrongful Death Statute
A state statute defining and limiting the types of compensation
recoverable by survivors of a decedent in an action resulting
from another's negligence.
X-Y-Z
X-Ray
X-rays are electromagnetic waves. Unlike light waves, x-rays
are stopped by solids or other dense radiopaque objects, including
bone. X-rays pass through the body and exit from the opposite
side where difference in density appear in shades of gray
on x-ray film.
An x-ray is a useful diagnostic tool available for visualization of structures within the body. X-rays are limited, however, when compared to other sophisticated imaging now available. X-rays are an excellent starting point, however. The most frequent application for x-ray is the diagnosis of fractures and dislocations, certain tumors, tuberculosis, osteoarthritis, and other structural anomalies.
Skull x-rays may be used when the patient complains of headaches or other neurological symptoms.
An x-ray test is said to be "positive" if the x-ray film reveals an alteration in normal anatomical structure (fracture, etc.), an invasion by a new growth such as a tumor, or displacement of brain structures such as that caused by a subdural hematoma.
|
|
|
|
Website design by Webtronix