Legal Terms Flashcards
accusation
charge against person or corporation
accuse
to directly and formally institute legal proceedings against a person
accused
person against whom a criminal proceeding is initiated
admissible evidence
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
admission
voluntary acknowledgement that certain facts do exist or are true
affidavit
a written, ex parte, statement made or taken under oath before an officer of the court or a notary public
affirm
the act of an appellate court that the judgement of the lower court is correct
allegation
in pleading, an assertion of fact
appeal
a resort to a higher court, seeking a reversal of a court decision
assault
an attempt or threat with unlawful force, to inflict bodily injury
battery
the unlawful application of force to the person of another, unauthorized touching of another, no physical harm need result
breech of contract
a party’s failure to perform some contracted - for or agreed- upon act, or failure to comply with a duty imposed by law
burden of proof
the obligation of one party in a lawsuit to prove all the requirements necessary to show entitlement to recovery
caveat
a warning, caution or qualification
circumstantial evidence
indirect evidence, secondary evidence by which a principal fact my be inferred
civil
the branch of law that pertains to suits outside of criminal practice, pertaining to the rights and duties of persons in contract, tort, etc.
clear and convincing
as a standard of proof, it is that amount of evidence beyond a mere preponderance, but below that of beyond a reasonable doubt
code
a set of laws or rules
common law
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
comparative negligence
a doctrine in some states which allows apportionment between plaintiff an defendant of responsibility for injuries or damages, in some states the plaintiff may still recover even though they were negligent, but the amount they recover will be reduced by the percentage by which they caused their own injuries
compensatory damages
damages awarded in order to “make the plaintiff whole”, to put the plaintiff in the position they would have been in had no tort or breech of contract occurred
complaint
the first pleading of the plaintiff setting out the facts on which the claim for relief is based
confession
an admission of guilt or other incriminating statement made by the accused
consideration
something of value received or promised to persuade someone to enter into a contract
contract
an agreement between two or more persons that is enforceable by law
contributory negligence
a doctrine recognized in some states which precludes any recovery by a plaintiff if they were guilty of negligence
covenant
an agreement or promise to do or not to do a particular thing
damages
monetary compensation which the law awards to one who has been injured by the actions of another
defendant
the person who is being sued
defective contract
a contract in which mutual assent has been destroyed, by fraud, coercion or otherwise
deposition
a pre-trial discovery procedure whereby parties or witnesses are examined under oath, a court reporter is
present and records questions and answers
discovery
a pre-trial procedure by which one party gains information held by another party
duress
action by one party that forces another to do what need not otherwise be done
duty
obligatory conduct owed by a person to another person
emancipation
the freeing of someone from the control of another, a parent’s express or implied relinquishing of rights over a
minor child
estoppel
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
exculpatory
refers to evidence and or statements which tend to clear, justify or exclude the defendant from alleged guilt or fault
execution of istrument
to sign a legal instrument so that it is legally enforceable
executory
a contract not fully accomplished or completed
execugted contracted
a contract fully performed by both parties
expert witness
a witness achieving “special knowledge” of the subject about 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
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 incur
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
judgment
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
liltigant
party in a 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
opinion
the reason given for a court’s judgement
performance
in contract law, the situation that exists when the parties to a contract have done what they had agreed to do
plaintiff
the one who initially brings the suit, the one seeking a remedy
precedent
a previously decided case which is recognized as authority for the disposition of future cases
preponderance of evidence
standard of proof in civil cases, evidence more convincing to the trier of fact than the opposing evidence
proximate cause
the act which was the necessary immediate cause for someone suffering an injury
punitive damages
damages given for the purpose of punishing the defendant without regard to the plaintiff’s actual damages
recission
the act of voiding, annulling or canceling a contract
regulation
rules made by administrative agencies
release
a written document by which one party gives up a legal claim against another
remedy
what a party in a lawsuit is asking for, most commonly it is for monetary damages
res ipsa louitur
literally, the thing speaks for itself, a doctrine which shifts the burden of proof to the defendant who must prove that
their negligence was not the cause of the plaintiff’s injury
res judicata
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
reversal
the order of an appellate court overturning a lower court decision
revocation
cancellation of an instrument previously made
sanction
a penalty or punishment that may be imposed by a court for violation accepted norms of social conduct
settlement
the agreement of parties to a lawsuit or potential lawsuit to amicably resolve their differences
strict liability
liability without fault, engaged in activity with inherent risk of injury
summary judgement
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
tort
a wrong, resulting from the breech of a legal duty that exists by virtue of society’s expectations regarding
interpersonal conduct, does not involve a contract
tortfeasor
the person that commits a tort, a wrongdoer
vicarious liability
the imputation of liability upon one person for the actions of another
voir dire
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
