Glossary of Terms Flashcards
A charge against a person or corporation
Accusation
To directly and formally institute legal proceedings against a person
Accuse
Person against whom a criminal proceeding is initiated
Accused
Evidence which has been received by a trial court to aid the trier of fact (judge or jury) in deciding the merits of a controversy
Admissible evidence
Voluntary acknowledgement that certain facts do exist or are true
Admission
A person who has reached the age of majority
Adult
A written, ex parte, statement made or taken under oath before an officer of the court or a notary public
Affidavit
The act of an appellate court that the judgement of the lower court is correct
Affirm
In pleading, an assertion of fact
Allegation
A resort to a higher court seeking a reversal of the court decision
Appeal
An attempt or threat, with lawful force, to inflict bodily injury
Assault
The unlawful application of force to the person of another, unauthorized touching of another, no physical harm need result
Battery
A party’s failure to perform some contracted for or agreed upon act, or failure to comply with a duty imposed by law
Breech of contract
The obligation of one party in a lawsuit to prove all the requirements necessary to show entitlement to recovery
Burden of proof
A warning, caution, or qualification
Caveat
Indirect evidence, secondary evidence by which a principal fact may be inferred
Circumstantial evidence
The branch of law that pertains to suits outside of criminal practice, pertaining to the rights and duties or persons in contract, tort, etc.
Civil
As a standard of proof, it is that amount of evidence beyond a mere preponderance, but below that of beyond a reasonable doubt
Civil
As a standard of proof, it is that amount of evidenc ebeyound a mere preponderance, but below that of beyond a reasonable doubt
Clear and convincing
A set of laws or rules
Code
A system of jurisprudence which originated in England and passed on to the U.S. based on judicial precedent, common law is changing reflecting the desires of society
Common law
A doctrine in some states which allows appoitionment between plantiff and defendant of responsibility for injuries of damages, in some states the plantiff may still recover even through they were negligent, but the amount they can recover will be reduced by the percentage by which they caused their own injuries
Comparative negligence
Damages awarded in order to “make the plantiff whole”, to put the plantiff in the position they would have been in had no tort or breech of contract occured
Compensatory damages
The first pleading of the plantiff setting out the facts on which the claim for relief is based
Complaint
An admission of guilt or other incriminating statement made by the accused
Confession
Something of value received or promised to persuade someone to enter into a contract
Consideration
An agreement between two or more persons that is enforceable by law
Contract
A doctrine recognized in some states which precludes any recovery by a plantiff if they were guilty of negligence which contributed to cause their injury
Contributory negligence
An agreement or promised to do or not to do a particular thing
Convenant
Monetary compensation which the law awards to one who has been injured by the actions of another
Damages
The person who is being sued
Defendant
A contract in which mutual assent has been destroyed, by fraud, coercion or otherwise
Deflective contract
A pre-trial discovery procedure whereby parties or witnesses are examined under oath, a court reporter is present and records questions and answers
Deposition
A pre-trial procedure by which one party gains information held by another party
Discovery
Action by one party that forces another to do what need not otherwise be done
Duress
Obligatory conduct owed by a person to another person
Duty
The freeing of someone from the control of another, a parent’s express or implied relinqueshing of rights over a minor child
Emancipation
A bar which precludes a person from denying the truth of a fact, a doctrine preventing a person from taking a position inconsistent with their previous conduct
Estoppel
Refers to evidence and or statements which tend to clear, justify, or exclude the defendant from alleged guilt or fault
Exculpatory
To sign a legal instrument so that it is legally enforceable
Execution of instrument
A contract not fully accomplished or completed
Executory
A contract fully performed by both parties
Executed contracted
A witness achieving “special knowledge” of the subject about which they will testify
Expert witness
An occurence which may result in liability
Exposure event
Placing a document into the possession of the court for inclusion in the file of a case
Filing
Intentional deception resulting in injury to another
Fraud
The process in which money or goods in the hands of a third person which are due a defendant are attached by the plantiff
Garnishment
Ignorantia legis non excusat
Ignorance of the law is no excuse
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
Imputed liability
That which tends to incriminate
Inculpatory
The obligation or duty resting on one person to make good any loss or damage another has incurred or may incur
Indemnity
A pre-trial discovery tool in which written questions are asked to an opponent in a lawsuit answered in writing under oath
Interrogatory
Ipso facto
By the fact itself, in and of itself
The determination of a court of competent jurisdiction upon matters submitted to it
Judgement
Having legal responsibility to pay another for damages
Liability
A controvery in court
Litigation
Party in a lawsuit
Litigant
A doctrine under which a doctor’s compliance with the appropriate standard or care is judged by the practices of doctors in their same geographic locality, doctrine has been abandoned in many jurisdictions.
Locality rule
A professionals improper or immoral conduct in the performance of duties, done intentionally or through carelessness or ignorance
Malpractice
The duty of the victim of a wrong to do whatever is reasonably possible to reduce or limit their own damages
Mitigation of damages
Failure to exercise that degree of care which is reasonably possible to reduce or limit their own damages
Mitigation of damages
Failure to exericse that degree of care which a person of ordinary prudence would exercise under the same circumstance
Negligence
The reason given for a court’s judgement
Opinion
In contract law, the situation that exists when the parties to a contract have done what they had agreed to do
Performance
The one who initally brings the suit, the one seeking a remedy
Plantiff
A previously decided case which is recognized as authority for the disposition of future cases
Precedent
Standard of proof in civil cases, evidence more convincing to trier of fact than the opposing evidence
Preponderance of evidence
The act which was the necessary immediate cause for someone suffering an injury
Proximate cause
Damages given for the purpose of punishing the defendant without regard to the plantiff’s actual damages
Punitive damages
The act of voiding, annulling or canceling a contract
Recission
Rules made by administrative agencies
Regulation
A written document by which one party gives up a legal claim against another
Release
What a party in a lawsuit is asking for, most commonly it is for monetary damages
Remedy
Literally, the thing speaks for itself, a doctrine which shifts the burden of proof to the defendent who must prove that their negligence was not the cause of the plantiff’s injury
Res ipsa loquitor
res judicta
The thing has been decided, the matter has been adjudged
Respondeat superior
Literally, let the master answer, the legal doctrine that imposes liability on employers and makes them pay for torts committed by their employees within the scope of the employer’s business
The order of an appellate court overturning a lower court decision
Reversal
Cancellation of an instrument previously made
Revocation
A penalty or punishment that may be imposed by a court for violation accepted norms of social conduct
Sanction
The agreement of parties to a lawsuit or potential lawsuit to amicably resolve their differences
Settlement
Liability without fault, engaged in activity with inherent risk of injury
Strict liability
When no essential facts in a case are disputed, no trial is held and the case is decided by the judge alone on the basics of law involved
Summary judgement
A wrong resulting from a breech of a legal duty that exists by virtue of society’s expectations regarding interpersonal conduct, does not involve a contract
Tort
The person that commits a tort, a wrongdoer
Tortfeasor
The imputation of liability upon one person for the actions of another
Vicarious liability
To speak the truth, usually refers to the examination by the court or by the attorney’s of prospective jurors, to determine their qualifications of jury service.
Voir dire
