Legal Terminology Flashcards
Negligence per se
conduct treated as negligence without proof
slander
because it is spoken, is more difficult to establish
contributory negligence
is similar to comparative negligence in that the victim is partly responsible for his/her own injury
malice
the intentional doing of a wrongful act, without just cause or excuse, with the intent to inflict injury
indictment
a formal, written accusation by a public prosecutor, submitted to a grand jury and charging a crime
defendant
in criminal cases, the accused. In civil cases, the one who is sued and who must defend against a claim of wrongdoing brought by another.
libel
is written publication that exposes someone to public scorn, hatred, contempt, or ridicule, especially if related to an individual’s profession or livelihood.
summons
a written instrument notifying a defendant that a lawsuit has commenced against him/her
civil law
pertains to a crime - any act the government has deemed to be injurious to the public and actionable in a criminal proceeding
battery
is the unlawful touching or application of force to another human being without his/her consent
discovery
pretrial devices used by the parties’ lawyers to gather information or knowledge about the case
res judicata
Latin for a thing decided. Once a court of competent jurisdiction has decided a matter, that decision continues to bind those parties in any future litigation on the same issue.
tort-feasor
the person who commits a tort
witness
a person who gives sworn testimony in a court proceeding
defamation
the communication to a third person of that which is injurious to the reputation or good name of the victim. Oral defamation is slander. Written defamation is libel.
appearance
the coming into court of a person on being summoned to do so
prosecutor
a public official, either elected or appointed, who conducts cases on behalf of the government against persons accused of crimes
injunction
a judicial direction to a party to do or to refrain from doing some act
regulations
to implement statutes (laws) passed by legislative bodies, the executive branch of government (the president and the various federal agencies she/he oversees), through these administrative agencies writes regulations
code
a compilation of statutes and regulations
retainer
a fee paid an attorney in advance for services on a case
actionable
conduct giving rise to a cause for legal action
adjudication
decision or disposition of a case by the announcement of a judgment or decision by the court or other body
tort
a wrong. literally, tort means twisted. A tort exists when (a) a legal duty is owed by a defendant to a plaintiff, (b) that duty is breached, and (c) the plaintiff is harmed as a direct result of the breach of duty
affidavit
written statement given under oath before an officer having authority to administer oaths
search warrant
a written order from a judge permitting certain law enforcement officers to conduct a search for and seize specified things or persons
subpoena duces tecum
a written court order for a person to bring to a judicial proceeding certain objects or documents in his/her possession
arraignment
an early step in a criminal proceeding at which the defendant is formally charged with an offense
common law
the accumulation of opinion handed down by judges. It is an outgrowth of court decisions over hundreds of years.
fraud
intentional deception that results in injury to another
res ipsa loquitur
a Latin phrase that literally means the thing speaks for itself.
directed verdict
a verdict given by a jury at the direction of a judge
damages
money awarded by a court (or jury) to a person who has been wronged by the action of another
subpoena
a written order issued by a court to require the appearance of person in court
motion
an application to the court asking for an action favorable to one’s side
stare decisis
a Latin phrase meaning to stand by that which was decided earlier. The doctrine of stare decisis means that once a court has laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle in all future cases in which the facts are substantially the same.
statutes
the law under which we live. In the United States they are the acts passed by the federal and state legislatures.
accuse
to directly charge a person with committing an offense that is recognized as being against the law
aggrieved party
one whose legal rights have been invaded or who has suffered a loss or injury
litigants
the parties to a lawsuit, i.e., the plaintiff and defendant
counterclaim
a counter demand by a defendant against a plaintiff (accuser), not merely responding to the accuser, but asserting an independent cause of action against the accuser
assault
an attempt to inflict bodily harm on another person that creates well-founded fear of imminent peril
deposition
a statement given under oath, reduced to writing, and authenticated by a notary public
amicus curiae
literally, a friend (amicus) of the court (curiae). An amicus curiae brief is a written document that provides the court with information that might otherwise escape attention.
arbitrator
an impartial person chosen by the parties to an argument to decide the issue between them
negligence
the failure to exercise the degree of care a reasonable person would exercise under the same circumstances, which results in injury to another
consent, informed
consent given after full information regarding the matter has been provided to the person consenting
criminal negligence
recklessness or carelessness resulting in injury or death punishable as a crime
appeal
the request by a party to a lawsuit for a higher court to review a lower court’s decision when she/he believes the lower court committed error
acquit
to set a person or corporation free of accusations(s)
comparative negligence
in some states one can recover damages even though he/she was negligent him/herself
arrest warrant
a written order for the arrest of a person from a judge having authority in that jurisdiction
false imprisonment
is another tort occasionally related to assault and battery; it is the confining of another human being within fixed boundaries against his/her will
assumption of risk
the principle that a person may not recover for an injury he/she received when he/she voluntarily exposed him/herself to a known danger
admission
the acknowledgement of certain facts by a party in a civil or criminal case, does not necessarily constitute a confession of guilt
