41-60 Flashcards
Executed contract:
a contract fully performed by both parties
Expert witness about:
a witness achieving “special knowledge” of the subject which they will testify
Exposure event:
an occurrence which may result in liability
Filing:
placing a document into the possession of the court for inclusion in the file of a case
Fraud:
intentional deception resulting in injury to another
Garnishment:
the process in which money or goods in the hands of a third person which are due a defendant are attached by the plaintiff
Ignorantia legis non excusat:
ignorance of the law is no excuse
Imputed liability:
where one is held liable for the conduct of another, because the other person is the agent or employee of the person of the person who is held ultimately responsible
Inculpatory:
that which tends to incriminate
Indemnity:
the obligation or duty resting on one person to make good any loss or damage another has incurred or may occur
Interrogatory:
a pre-trial discovery tool in which written questions are asked to an opponent in a lawsuit answered in writing under oath
Ipso facto:
by the fact itself, in and of itself
Judgement:
the determination of a court of competent jurisdiction upon matters submitted to it
Liability:
having legal responsibility to pay another for damages
Litigation:
a controversy in court
Litigant:
party in lawsuit
Locality rule:
a doctrine under which a doctor’s compliance with the appropriate standard of care is judged by the practices of doctors in their same geographic locality, doctrine has been abandoned in many jurisdictions
Malpractice:
a professional’s improper or immoral conduct in the performance of duties, done intentionally or through carelessness or ignorance
Mitigation of damages:
the duty of the victim of a wrong to do whatever is reasonably possible to reduce or limit their own damages
Negligence:
failure to exercise that degree of care which a person of ordinary prudence would exercise under the same circumstance
