Terms Flashcards

1
Q

accusation

A

Charge against a person or corporation.

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2
Q

Accuse

A

Directly and formally institute legal proceedings against a person.

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3
Q

Accused

A

person who is being charged.

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4
Q

Admission

A

Voluntary acknowledgement that certain facts do exist or are true.

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5
Q

Affidavit

A

Written ex parte, statement made or taken under oath before an officer of the court or a notary public.

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6
Q

Affirm

A

Act of an appellate court that the judgement of the lower court is correct.

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7
Q

Allegation

A

pleading, an assertion of fact.

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8
Q

Appeal

A

Resort to a higher court seeking a reversal of a court decision.

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9
Q

Assault

A

ATTEMPT or THREAT with unlawful force, to inflict bodily injury.

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10
Q

Battery

A

Unauthorized touching of another.

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11
Q

Burden of Proof

A

the obligation of one party in a lawsuit to prove all the requirements necessary to show entitlement to recovery.

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12
Q

Caveat

A

Warning, caution or qualification.

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13
Q

Circumstantial evidence

A

Indirect evidence by which a principal fact may be inferred.

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14
Q

Civil

A

Branch of law that pertains to suits outside of criminal practice, pertaining to the rights of duties of persons in contract. tort. etc.

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15
Q

Clear and Convincing

A

Standard of proof, it is that amount of evidence beyond a mere preponderance, but below that of beyond a reasonable doubt.

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16
Q

Comparartive Negligence

A

Defendant is responsible for injuries or damages, in some states the plaintiff may still recover even though they were negligent, but the amount they can recover will be reduced by the percentage by which they caused their own injuries.

17
Q

Compensatory damages

A

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.