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