A-B-C
Adjudication: The final order, pronouncement or
judgment of a court or other tribunal.
Adjuster : An employee or agent of an insurance company
who handles a casualty claim.
Admission : A statement or confession by a party to a lawsuit
acknowledging that certain facts which may be against his interests
are true.
Advocate : One who renders legal advice, assistance or
argues on behalf of a party before a court or tribunal; a lawyer.
Affidavit : A written statement or declaration made under
oath before a notary or other person authorized to certify the
statement.
Affirmation : A declaration acknowledging that the person
will tell the truth under penalty of perjury. Affirmations may
be made by individuals who object to taking an oath on religious
grounds.
Affirmative Defense: A written defense to a lawsuit which
does not formally deny certain allegations in a complaint, but
asserts that the plaintiff is not entitled to judgment based upon
legal or equitable principles, even if the allegations are true.
Allegation: A statement or declaration of fact that a party
expects to prove, generally set out in a pleading (complaint).
Allege: To state, assert or declare.
Amendment: A change or addition which improves or supplements
another written document.
Amicable: Friendly; mutually agreed to, as a settlement.
Appraisal: A valuation of property by a disinterested party
who is qualified to do so (appraiser).
Arbitration: The process through which a controversy is
submitted to an impartial person called an arbitrator, to resolve
a dispute outside of the court system.
Arbitration Clause: A provision in a contract providing
for arbitration in lieu of a court action.
Attest: To affirm to be true; to act as a witness by signing.
Attorney: One licensed to practice law under state rules
(admitted to the bar); an agent appointed to act in place of another;
an advocate.
Bad Faith: Willful or dishonest conduct in a
situation where a party owes a financial or other duty to a third
party.
Brain Mapping: Brain Electrical Mapping (BEAM) is a Version
of EEG which permits computerized analysis of the brain's electrical
activity. BEAM actually creates a picture of the EEG results.
Breach Of Contract: Failure, without legal excuse, to perform
a duty required under a contract.
Burden Of Proof: The duty of a moving party to establish
an allegation or principal issue in a civil or criminal complaint,
generally either by the greater weight of the evidence, or beyond
a reasonable doubt.
Carrier: One engaged in the transportation of goods or
freight; an insurance company.
Case Law: Reported court decisions forming the body of
jurisprudence.
Carrier: One engaged in the transportation of goods or
freight; an insurance company.
Cause Of Action: A claim which will support a valid lawsuit;
the lawsuit itself.
Certify: To make known or establish as a fact; to declare
in writing.
Chambers: A judge's private office, where a hearing can
be conducted.
Check: A draft or order to pay money.
Circumstantial Evidence: Indirect or secondary evidence
through which a fact may be proved by inference.
Civil Action: A lawsuit outside of the criminal justice
system, seeking redress or an award of damage for a civil wrong.
Civil Procedure: The rules that regulate practice before
a civil court.
Civil Rights: The right to enjoy life, liberty and the
pursuit of happiness, including such constitutional rights as
free expression and religion, without discrimination in treatment
by reason of race, color, sex, age, religion, previous condition
of servitude or national origin. Claim: An asserted right
to money, property or relief.
Claimant: A party asserting or presenting a claim.
Class Action: A lawsuit brought by a limited number of
members on behalf of a larger group, all of whom share a common
right or damage.
Clause: A paragraph or subdivision of a legal document
such as a contract.
Clerk Of Court: An officer of the court who has clerical
duties, including record keeping, filing and making certified
copies.
Code: A compilation or collection of laws and statutes.
Comparative Negligence: The doctrine providing that any
award for injury caused by a defendant is reduced proportionately
by the plaintiff's relative degree of negligence.
Compensatory Damages: An award of monetary damages intended
to compensate a plaintiff for economic and non-economic losses
sustained as a result of another's negligence, breach of contract
or misfeasance.
Competent: Having the ability to understand the nature
and consequences of one's actions.
Complaint: The initial pleading filed in a lawsuit by the
plaintiff setting out the facts upon which the claim is based.
Conclusion Of Fact: The inference drawn by a jury or the
decider of fact based upon the evidence.
Confidential Communication: A communication not intended
to be disclosed to third parties, as between a lawyer and client.
Confidential Relationship: A fiduciary or other relationship
which requires the utmost of good faith, and often, an understanding
that communications between the parties are private.
Consideration: Something of real value given in return
for performance or the promise of performance, which induces a
party to make an agreement or enter into a binding contract.
Consolidate: To join together, as several lawsuits with
identical parties or issues.
Consortium: Affection, company and sexual relations between
spouses.
Contingency Fee: A fee paid to an attorney conditioned
on a successful recovery in a negligence claim, based on a percentage
of the recovery.
Continuance: A temporary stay or postponement of a legal
proceeding.
Contributory Negligence: The doctrine under which one cannot
recover for personal injury when one's own negligence contributed
to the cause of the injury. This doctrine has by and large been
replaced with the doctrine of comparative negligence.
Costs: Expenses incurred in the prosecution of a lawsuit,
including filing fees, deposition expenses and witness fees.
Counterclaim: A claim filed by the defendant against a
plaintiff as part of defendant's response to a lawsuit.
Court: Subject to state or federal law, in distinction
to limited or special jurisdiction courts which can hear only
a defined class or type of case.
Court Calendar: The schedule of cases pending before the
court.
Court Order: Any judgment or order of any court of appropriate
jurisdiction.
Court Reporter: Person certified to transcribe by shorthand
or stenographic means any court proceeding or pre-trial matter.
Credible: Worthy of belief.
Cross-Claim: A lawsuit filed by one defendant in a lawsuit
against another defendant in the same lawsuit.
Cross-Examination: The questioning of a witness at trial
or deposition by the adverse party.
CT Scan: first introduced in 1973, CT Scans (Computed Tomography)
and CAT Scans (Computed Axial Tomography) have rocketed in use
and have evolved in capability and utilization. During CT Scan,
a series of x-ray beams pass through an area of the body and the
extent to which the body tissues absorb the x-rays are thereupon
measured. A computer transforms these measurements into two-dimensional
anatomic "slices" of high-resolution quality. One of
the benefits of CT is the enhanced detail over regular x-rays.
CT is able to depict portions of the body impossible to obtain
by mere x-ray, and does so at ten to thirty times the detail of
regular x-ray.
Other advantages of Computed Tomography include its cost effectiveness
(when compared to MRI), and its ability to differentiate between
soft tissue damage without regard to nearby structures on the
image itself. CT Scans are the diagnostic tools of choice for
brain trauma due to their ability to capture collections of blood
(hematoma), cerebral contusions (bruises), fractures, and edema
(swelling).
As with x-ray, CT Scans are not limited for use in any one area
of the body, but are used throughout.
D-E-F
Damages: Monetary compensation awarded/awardable to a
party injured as a result of a breach of contract or a negligent
act; the injury sustained due to misfeasance, negligence or breach
of contract.
Default: Failure to pay or discharge a duty.
Default Judgment: A judgment against a defendant who has
failed to respond or otherwise appear in a lawsuit.
Defendant: In a civil proceeding, the party being sued;
in criminal proceedings, the accused.
Deliberation: A process by which jurors reach a verdict;
the act of weighing and examining evidence.
Demand: Assert a legal right; claim.
Demand Note: A written document evidencing indebtedness
which is payable upon demand or presentation.
Deponent: A witness who gives testimony under oath at a
deposition; an affiant.
Deposition: The giving of testimony and cross-examination
of witnesses before trial. Ordinarily a deposition is stenographically
transcribed and recorded for later use.
Depreciation: A reduction in property value resulting from
age or use.
Determination: The final decision of a court.
Discovery: Various pre-trial procedures including depositions,
interrogatories and requests for production, whereby parties obtain
evidence to be used at trial.
Dismiss: To reject a claim or suit temporarily or permanently
without further hearing or consideration through an order of dismissal.
Docket: List of cases to be heard or tried; record book
containing summaries of court action in any case.
Dismissal With Prejudice: A dismissal of a claim on its
merits leaving nothing more for determination by the court and
having the force of a final judgment.
EEG: an Electroencephalogram records electrical activity
in the outer layer of the brain (the cerebral cortex), using electrodes
placed on the patient's scalp. Electrical impulses are then recorded
as they move a pen or other writing device across graph paper.
CT Scans have decreased the use of EEG over the past years, although
EEG's are still used as a diagnostic tool. One area of continued
use of EEG is in the monitoring of seizure disorders. Since an
EEG detects abnormality in electrical activities, it is an effective
tool in the diagnosis of seizures. EEG likewise can be helpful
in assessing the effectiveness of drug treatment on seizures.
EEG's have also proved effective in the diagnosis of intracranial
infection, and in certain surgical procedures, EEG is used to
monitor the flow of blood to the brain.
Endorsement: The signature on the back of a check or other
negotiable instrument.
Error: Mistake of law or fact forming the basis of an appeal
to a higher court.
Evidence: Any type of proof presented at trial which has
the effect or tendency to affirm or disaffirm the existence of
a fact. Evidence is the means by which some fact in question is
established or disproved. Evidence includes oral testimony and
every other known means available to establish the truth or falsity
of a disputed question of fact.
Ex Parte: An application or communication to the court
without notice and outside the presence of an adverse party. Ex
Parte communications are prohibited.
Ex Post Facto: After the fact; a law passed after an act
is performed which retroactively makes such act illegal. Such
laws are prohibited under the U.S. Constitution.
Execute: To complete a legal document, as by signing.
Exemplary Damages: Punitive damages awarded to punish outrageous
conduct, over and above compensatory damages.
Exhibit: Tangible evidence, a display or document presented
to the court or jury which tends to prove or explain some relevant
fact.
Expert Witness: Witness with specialized training or experience
who is permitted to render opinion testimony in a legal proceeding.
Factor: One entrusted with the possession of goods to
be sold in the factor's name. A factor is one who is in the business
of receiving goods from a principal and selling them for a commission.
Fault: Negligence; misconduct; deviation from standard
of care.
Fiduciary: A person in a position of confidence who has
the duty to act responsibly with respect to another's money or
property; a trustee; one acting in a fiduciary capacity or relationship.
Fiduciary Relationship: The relationship between parties
where trust or confidence is reposed by one and accepted by the
other; a confidential relationship whereby one trusts in and relies
on another, e.g., parent and child, guardian and ward, husband
and wife, physician and patient, attorney and client.
First Amendment: A guarantee of freedom of speech, assembly,
press, petition, and free exercise of religion contained in the
Bill of Rights.
For Cause: With sufficient legal justification to perform
an act.
G-H-I
Good Faith: The general requirement to deal honestly
with others and not seek to gain unfair advantage or to defraud
another party, especially in the context of business transactions
or contracts.
Grace Period: The period during which insurance continues
to be in force despite a delayed payment of premium.
Grand Jury: A jury convened to hear evidence and determine
whether an indictment (criminal charge) should be issued. Grand
Juries have investigative and subpoena powers.
Gross Negligence: A negligent act committed with a conscious
indifference to the consequences thereof willfully or wantonly.
Guarantor: A person or entity who agrees in writing to
pay the indebtedness of another.
Guardian: One who the law has entrusted with the custody
and control of the person or property of a ward.
Guardian Ad Lietem: One appointed by a court in which litigation
is pending to represent a ward (e.g., a minor or incompetent).
Habeas Corpus: A writ used in both criminal and civil
proceedings to obtain the release of an individual in custody
by testing the constitutionality of the incarceration.
Hearsay: An out of court statement which is neither an
admission or a declaration against interest. Hearsay evidence
is generally not admissible in a judicial proceeding.
Hearsay Rule: A rule of evidence which makes out of court
statements used to prove the truth of the matter stated inadmissible.
Hearsay evidence comes not from the personal knowledge of the
witness, but from the repetition of what he has heard others say.
Hidden Defect: A defect in property or goods which is not
readily detectable, that causes injury to a third party.
Hostile Witness: An adverse witness or opposing party who
is known to offer prejudicial evidence as a result of such adverse
interest or bias.
Hung Jury: A jury that cannot reach a verdict due to an
inability to reconcile their differences.
Hypothetical Question: A combination of assumed or proved
facts stated in a form that would allow an expert witness to give
an opinion based on such facts.
Immunity: Exemption from prosecution granted
to a witness to compel answers to questions which otherwise could
be withheld because of the constitutional privilege against self-incrimination.
Impleader: A procedure whereby a third party may be brought
into a lawsuit by a defendant who is being sued by a plaintiff.
Implied: Where the intention of the parties is not shown
by direct terms but derived from surrounding circumstances or
conduct.
Incapacity: Lack of sufficient legal, physical or intellectual
power to perform an act.
Incompetency: The inability or incapacity at law to perform
an act, such as giving testimony or making a will.
Incumbrance: See Encumbrance.
Indemnify: To insure a third party against loss; to agree
to pay damages resulting from another's actions.
Indemnity: The right of a person who has discharged a duty
which should have been discharged by another to collect reimbursement
from the party who should have discharged the obligation.
Indenture: A deed to which several persons are parties,
in which each assumes corresponding obligations.
Indispensable Party: One who has interest in the subject
matter of litigation which is of such a nature that a final decree
cannot be entered or rendered without such person being made a
party to the lawsuit.
Informed Consent: Consent given after full disclosure of
constitutional and other legal rights which impact on whether
consent would be given.
Infringement: The unauthorized use, sale or manufacture
of an invention, trademark, tradename or copyright.
Injunction: An order or writ issuing from a court compelling
a party to perform or refrain from performing certain acts.
Inquest: An inquiry by a coroner into the manner of death
in a possible homicide case; a tribunal selected to inquire into
selected factual matters.
Insurable Interest: A real and financial interest in property
or the life of another sufficient to support and justify ownership
of an insurance policy.
Intangible Personal Property: Money, evidence of debt,
evidence of ownership, and all other forms of property where the
value is based upon that which the property represents other rather
than its own intrinsic value (e.g., mortgages, shares of stock,
bonds, notes). Intent: The state of mind necessary to support
a criminal proceeding against a defendant; the knowing performance
of an act.
Interpleader: An action filed by a party faced by competing
claims against property in his possession but which he does not
own, requesting the court to determine relative rights to the
property.
Interrogatories: Written questions served on a party to
a lawsuit to be answered under oath as part of pre-trial discovery.
Ipso Facto: By virtue of the mere fact of itself.
Irrelevant: Not material. Irrelevancy forms the basis of
an objection to the introduction of evidence asserting that the
proposed evidence is not connected to the issue being decided.
Irreparable Injury: An injury of such a nature that it
cannot be redressed in a court of law and is not susceptible to
complete monetary compensation. Generally when a wrongful act
has caused or will cause a irreparable injury, the courts will
issue an injunction prohibiting the action.
Irrevocable: That which cannot be revoked or undone.
Issue: A point of controversy in a lawsuit; all persons
descended from a common ancestor.
J-K-L
Joinder: Combining several causes of action or parties
in a single lawsuit.
Jones Act: A federal law providing medical, disability
and death benefits to sailors who suffer injuries in the course
of their employment.
Judge Advocate: An officer at a court-martial who
may act as clerk, prosecutor and/or legal advisor to the court.
Judgment: A final determination by a court; the official
decision of the court.
Jurisdiction: The power and authority of a court to hear
and determine a case.
Jurisprudence: The collective legal system including case
law; the philosophy of law.
Jurist: A legal scholar.
Juror: A person selected to serve on a jury who has taken
an oath to follow the law as enunciated by the judge.
Jury: An impartial group summoned and sworn to decide disputed
issues of facts at a trial.
Latent Defect: A defect in a product or premises
that is not readily observable or discoverable even with the exercise
of ordinary care.
Lay Witness: Any witness not testifying as an expert. Lay
witnesses ordinarily cannot render an opinion as to the ultimate
issue in the case and can only testify as to what they heard and
saw.
Leading Question: A question which suggests to the witness
the expected answer. Leading questions are ordinarily improper
and are objected to at trial.
Letter Of Intent: A preliminary writing setting forth an
understanding between parties. Letters of Intent ordinarily do
not constitute binding agreements.
Letters Rogatory: A request from one court to another in
a different state requesting that a witness in such other state
be directed to submit to a deposition or answer written questions
under oath.
Liability: The duty, obligation or responsibility arising
by virtue of a contract or a tort (act of negligence).
Libel: A false defamatory statement which is written or
printed and published or communicated to others.
Libel Per Se: A libelous statement which falsely accuses
another of a crime, immoral conduct or professional misconduct.
To recover damages under such circumstances, it is not necessary
to show actual monetary loss.
Limitations: See Statute of Limitations.
Limited Liability: The limitation placed upon the amount
a limited partner or corporate shareholder can lose by reason
of lawsuits or claims filed against a corporation. Such losses
are limited to the investment made.
Litigation: A judicial proceeding in which the rights,
duties and obligations of parties are determined.
Long-Arm Statute: Law that allows residents of different
states to be served with process and sued in the forum state by
virtue of contacts with the forum state.
Lump Sum Settlement: Arrangement whereby the entire amount
of compensation due to an employee or injured party is paid at
one time, often at a discount.
M-N-O-P
Malicious Prosecution: A lawsuit filed without probable cause
or justification in law, intended to harass a defendant.
Malpractice: Negligence by a professional such as a doctor,
lawyer or engineer in the performance of professional duties;
professional misconduct.
Mandamus: A writ or directive issued by a court to an official
compelling the performance of the official's duties.
Mandate: A judicial command or order.
Minority: The state of being a minor; infancy; one who
has not reached the age of majority.
Mistrial: A trial that has been terminated and voided due
to a fundamental and prejudicial error occurring during the course
of the proceeding, or because the jury was unable to reach a verdict.
Mitigating Circumstances: Extenuating circumstances that
in justice and fairness may reduce the degree of damages or punishment.
Mitigating circumstances do not constitute justification for a
wrongful act.
Monopoly: An association formed to directly or indirectly
control a particular industry or trade in order to reduce or eliminate
competition, generally in violation of anti-trust laws.
Motion: An application to the court for an order.
MRI Scans: Magnetic Resonance Imaging (MRI) is another
type of sophisticated diagnostic imaging which examines body tissues
by subjecting the atomic nuclei of the tissues through a magnetic
field. The procedure is non-invasive and is thought to be safer
than many other procedures. MRI studies are extremely effective,
and produce high-resolution images giving information as to the
metabolic status of tissues and organs, as well as structural
information regarding the body itself. The MRI picture is of such
a good contrast that biochemical information about abnormal tissue
can often times be derived. MRI's are especially effective in
the diagnosis of traumatic brain injury, and other abnormalities
involving tissues of the brain. Its use is not limited to the
brain, and MRI's are often used in order to diagnose problems
with the spine, eyes, liver, kidneys, pancreas, pelvic structures,
temporomandibular joint, liver and spleen, pericardium, heart,
and various joints.
Negligence: Failure to exercise the degree of
care ordinarily expected from a reasonably prudent person under
the same circumstances. Negligence Per Se: An error, omission,
or act in violation of a rule of law or statute which is presumed
to be proof of negligence.
No-Fault Insurance: A type of automobile insurance often
required by statute, whereby one's own insurance company pays
the medical bills or expenses incurred by their insured irrespective
of fault.
Nonsuit: A voluntary or involuntary termination of a lawsuit,
by or against a plaintiff who is either unable to prove his case
or proceed to trial. Often a nonsuit is the result of procedural
errors in a case.
Notary Public: A public officer who administers oaths,
certifies documents, and performs certain other official acts,
such as solemnizing a marriage.
Objection: A request to the court to determine
that a line of questioning, procedure, or evidence is improper
and should not be received by the court.
Obstruction Of Justice: The act or attempt to impede justice
or a judicial proceeding, often by officials who have a duty to
administer justice. Occupational Safety And Health Act (Osha)
: A body of laws consisting of safety and health standards intended
to prevent employees from being injured or contracting illnesses
in the course of their employment.
Of Counsel: An attorney assisting in the preparation or
management of a case, but who is not the primary attorney of record.
Offer: An expressed willingness to enter into a contract
or to perform an act.
Offer Of Proof: An offer of evidence that has been ruled
by the court to be inadmissible made for the purpose of establishing
an appellate record.
Open Court: A court that is actively engaged in the administration
of justice; before the judge.
Opening Statement: Outline of anticipated proof delivered
to the jury at the beginning of a trial.
Operation Of Law: A right or entitlement arising under
the law and not as a result of agreement.
Opinion: The stated reason for a court's judgment, finding
or conclusion; the court's decision or judgment.
Option: A continuing offer to sell which must be accepted
by the optionee within terms of the option, and if not accepted
within the time specified, the right to do so is lost.
Order: A directive from the court disposing of a matter
collateral to the main action, or adjudicating the matter itself,
in which case it is a "final order".
Order To Show Cause: A directive from the court instructing
a party to appear before it and demonstrate why such party took
or failed to take an action and why a penalty should not be assessed
against such party.
Out-Of-Pocket Expenses: Costs necessarily incurred to prosecute
a civil case or to protect rights or property pending a court's
determination.
Overrule: To find an objection raised to be invalid; to
overturn or invalidate a prior decision or holding.
Overt Act: An open, outward act which demonstrates intent
or design.
Pain And Suffering: An element of non-economic damages
to which the plaintiff may be entitled if injured as the result
of the wrongdoing of another.
Paralegal: An individual trained to perform a variety of
legal tasks but who is not authorized to practice law.
Party: A plaintiff or defendant in a judicial proceeding;
person or entity that has entered into a contract.
Per Curiam: By the court.
Per Se: Lat.: Through itself, i.e., not requiring external
evidence to establish its existence.
Perjury: The willful making of a false statement under
oath which constitutes a criminal offense.
Person: A natural or artificial being created under law,
such as a corporation.
Personal Property (Personalty): Movable property not attached
to realty; chattels.
PET Scan: Positron Emission Tomography is a new test that
studies brain function - not brain structure. It is the only test
that can measure functions as opposed to tissue damage, changes
in blood flow or other structural anomalies. The patient is injected
with minuscule positrons that make visual to a computer the brain's
function when it is using or failing to properly use glucose or
sugar. The patient is injected with positrons and then, after
the positrons take effect, given glucose by intravenous drip.
As the sugar reaches the brain, the scan measures normal from
abnormal patterns of use. When correlated with neuropsychological
test results, PET becomes an effective demonstrative diagnostic
tool that objectively defines abnormal brain function.
Plaintiff: The party who initiates a lawsuit.
Pleadings: The allegations contained in a complaint and
answer; the complaint/answer or petition/response.
Power of Attorney: A written instrument by which a principal
appoints another to act as his or her agent and authorizes the
agent to perform certain acts.
Precedent: A rule of law established in earlier court decisions,
that will generally be followed by other courts.
Preponderance Of Evidence: The greater weight of the evidence;
the general standard of proof required to prevail in a civil case.
Prima Facie Case: A case in which sufficient evidence has
been submitted to allow a jury or judge to make a final determination
unless overcome and contradicted by other evidence.
Principal: The employer or master of an employee or agent;
one who authorizes another to act on his behalf.
Privilege: A benefit or immunity conferred by law.
Privileged Communication: A communication that is not admissible
in evidence if made under circumstances in which the law recognizes
a right of privacy, as between an attorney and a client.
Procedure: The judicial process for the administration
of cases before it; the rules governing such process.
Proceeding: The various stages and events involved in a
judicial proceeding.
Process: A formal writ, most often a summons.
Product Liability: An area of law dealing with the liability
of manufacturers or sellers of goods that cause damage or injury
to consumers.
Property Settlement Agreement: An agreement setting forth
an agreed division of property owned or acquired by spouses during
their marriage; post-nuptial agreement.
Proximate Cause: That which in natural sequence produces
an injury.
Punitive Damages: Damages awarded to punish a party who
committed a wrongful act rather than to compensate an injured
party for actual damages; exemplary damages.
Q-R-S
Quantum Meruit: The equitable value of the goods or
services in question. The doctrine of quantum meruit allows a
plaintiff to recover the reasonable value of goods or services
provided to another who has derived a benefit and not paid for
such benefit.
Quash: To annul, void or vacate a prior judicial order
or decision.
Question Of Fact: A factual issue submitted to the jury
or to the judge in a bench trial for determination.
Question Of Law: A disputed legal issue presented for judicial
determination.
Quid Pro Quo: That which a party gives up in return for
a benefit; the
mutual consideration that is exchanged between parties to a
contract and makes it binding
Real Evidence: Tangible evidence produced at trial
which is capable of being physically inspected.
Real Property: Land, and whatever grows on or is affixed
to it.
Reasonable Care: That degree of care that would ordinarily
be exercised by a reasonably prudent person under similar circumstances.
Reasonable Doubt: The degree of uncertainty that compels
a juror to find a defendant not guilty in a criminal proceeding;
a realistic uncertainty, even if remote.
Reasonable Man (Person): A hypothetical individual who
exercises that degree of care, knowledge and judgment that society
ordinarily requires of its members.
Reasonable Time: That period of time which is ordinarily
acceptable under the circumstances to respond or take some action.
Rebuttal: Argument or evidence presented by an attorney
in response to statements, claims, arguments, or evidence of an
opposing party.
Recess: A temporary adjournment or suspension of court
proceedings.
Record: A transcript, or papers transmitted from lower
court to an appellate court upon which the appellate court decides
the appeal.
Recusal: The disqualification or voluntary withdrawal by
a judge from a pending case due to the appearance of bias or lack
of impartiality.
Regulations: Rules and enactments of an administrative
agency.
Rehearing: A re-trial or reconsideration of a case or an
issue by the court at the request of a party.
Release: A written document evidencing the satisfaction
of a debt; the giving up of some right, claim or interest.
Relevancy: The test applied to the quality of evidence
to determine whether it is competent to prove a fact in issue.
Relief: Assistance or redress at the hands of the court.
Remedy: Recourse at law to recover damages or enforce a
legal right.
Remittitur: The process or power of the court to reduce
a jury verdict that is deemed to be excessive.
Removal Of Case: The transfer of a case from one court
to another, generally from state to federal court.
Rendition: The filing of a signed, written order with the
clerk of the court.
Reply: A response to a pleading that has raised a new matter
as a defense.
Representative: One who acts for another with permission;
an agent.
Repudiation: An act or declaration which clearly indicates
that a party will not perform an act that a contract requires
be performed in the future.
Res Ipsa Loquiter: Lat.: The thing speaks for itself. The
Doctrine of Res Ipsa allows negligence to be inferred by virtue
of the fact that an accident happened, e.g., a sponge found in
the body of a patient after surgery.
Res Judicata: Lat.: A thing decided. The doctrine stating
that a matter that has already been judicially determined is conclusive
and is not subject to re-litigation.
Rescind: To cancel or nullify a contract, either mutually
or unilaterally.
Rescission: A judicial decree that cancels or annuls a
contract; the termination of the contract by word or act of the
parties.
Retainer: An initial or advanced payment to an attorney
for services to be performed; the act of employing an attorney.
Return of Service: A writing made by an officer attesting
to the fact that he/she served process (summons or subpoena) on
a party, or that he/she was unable to do so.
Review: A re-examination of decisions, orders and proceedings
of an inferior court by an appellate court; reconsideration.
Rider: An amendment or addition to a document or contract,
especially an insurance contract.
Right of Privacy: A generally accepted legal right to be
let alone and live one's life free from unwarranted publicity
or intrusion. Disruption of the right of privacy may give rise
to a cause of action or claim in tort.
Right of Way: A right of crossing or passage over the land
of another; the strip of land on which the right of way is located.
Risk of Loss: A provision in a contract identifying the
party who bears the risk of damage or destruction of property
during its transfer from seller to buyer.
Sanction: To order punishment or penalties for
violation of a rule of law or procedure, or the penalty for such
violation.
Satisfaction: A document evidencing release or discharge
of an obligation such as a mortgage.
Sealing Of Records: The making of records unavailable to
the public except by court order.
Secured Transaction: Any transaction which is intended
to create a security interest or lien in personal property or
fixtures.
Securities Acts: The various federal statutes that require
full disclosure of material facts relevant to the offer or sale
of stock.
Security: Any note, stock, bond, debenture, evidence of
indebtedness, certificate of interest or participation issued
by a corporation indicating ownership; collateral.
Security Agreement: An agreement which creates or provides
for a security interest.
Security Interest: An interest in real or personal property
which secures or ensures payment of an obligation.
Self-Incrimination: Statements by a defendant which would
tend to admit guilt to a criminal offense. Under the Fifth Amendment,
persons may refuse to answer questions or give testimony which
would tend to subject them to criminal prosecution.
Sequester Settlor: To protect a jury from outside influences
or information; to take a thing which is the subject of a controversy
and place it in the hands of a third party for protection. Person
who establishes a trust.
Service Mark: Any word, name, symbol, character, design,
drawing or device used to identify services rendered and to distinguish
them from services rendered or offered by others.] Sever : The
separation of a case into two separate trials of a case where
two or more defendants have been named in the same criminal indictment
or information; the removal of one or more claims in a civil lawsuit
so that such claims may be tried separately.
Show Cause Order: An order issuing from the court requiring
a party to appear and demonstrate why certain relief should or
should not be granted.
Side-Bar: An area of the courtroom out of the hearing range
of the jury and witnesses, where the judge and attorneys can hold
brief conferences. Small Claims Court: A court of limited
jurisdiction that hears and tries claims involving lesser sums
of money.
Specific Performance: A remedy available to an injured
party when the remedy at law is inadequate, whereby a defendant
may be required to perform under the terms of a contract instead
of paying money damages.
SPECT: SPECT or Single Photon Emission Tomography produces
a computerized image of the brain through utilization of radioactive
isotopes. SPECT does not generally produce an image of the same
quality as that produced by PET. Nonetheless, SPECT scanning can
be an effective diagnostic tool. Speedy Trial: The rule
of law arising under the 6th Amendment to the United States Constitution
or under state constitutions mandating that a person accused of
a crime be discharged in the event the prosecuting authorities
fail to bring him/her to trial within certain specified periods
of time.
Standard Of Care: That which a reasonably prudent person
would do under the same circumstances. Failure to comply with
the standard of care will render a party liable for damages to
an injured party.
Standing: The right to present and prosecute a claim; standing
is ordinarily dependent on having sustained a direct injury.
Stare Decisis: The general rule that courts will abide
with prior decisions and precedents and apply the same principles
in every case.
Statute: An act, code or rule enacted by the legislature
and adopted as law.
Statute Of Frauds: The requirement that certain types of
contracts be in writing to be enforceable. Examples of such contracts
include; contracts for the purchase or sale of land and agreements
which by their terms cannot be performed within one year.
Statute Of Limitations: A statute that fixes the time within
which a lawsuit on a claim must be filed, and beyond which, it
will be forever barred.
Stay: A temporary suspension of legal proceedings by court
order.
Stipulation: A voluntary agreement on an issue of fact
or procedure reached between parties in a lawsuit.
Strict Liability: Liability that arises without the necessity
of first showing fault or negligence. For example, many states
impose strict liability on the owners of animals that cause damage
or injury.
Sua Sponte: An action by the court of its own volition,
without a motion having been made by any party.
Sub Judice: Under consideration by the court.
Subordination Agreement: An agreement establishing the
priority of payment of claims, whereby a creditor may agree that
claims of other creditors are discharged before payment is made
to the subordinated creditor.
Subpoena: A writ issued by the court to compel the appearance
of a witness at a judicial proceeding.
Subrogation: The right of an innocent party who has paid
benefits as a result of a third party's wrongful action to recover
such payments from the responsible party.
Sui Juris: One who is competent and of the age of majority.
Suit: Any judicial proceeding in which a remedy is sought.
Summary Judgment: A judgment issued by the court before
trial based upon a finding that there are no disputed issues of
fact and that the applicable law compels a certain result.
Summary Proceeding: An expedited proceeding under simplified
rules, allowing the case to proceed to hearing quickly. Landlord-tenant
matters are typically the subject of summary proceedings.
Summation: The closing argument of the parties.
Summons: A document issued by the clerk of the court requiring
an appearance or answer to be filed by the defendant under penalty
of having judgment entered or an arrest warrant issued.
Supersedeas: A writ from a superior court suspending the
power of a lower court to issue an execution upon a judgment issued
by it.
Supress: To exclude evidence based on a violation of constitutional
rights, rule of law or procedure.
T-U-V
Tangible Property: Property that may be felt or touched
(as distinct from a debt or property right).
Tender: An unconditional offer to pay or to perform a contractual
obligation.
Testate: Having a valid will.
Testator/Testatrix: Male or female who makes or has a will.
Testimony: Statement by a witness or a party made under
oath in a legal proceeding or deposition.
Third-Party Beneficiary: A person who receives an intended
or incidental benefit by virtue of a contract to which he or she
is not a party and for which he or she has paid no consideration.
Time is of the Essence: A contract term that fixes the
time of performance and establishes such time as being critical,
so that failure to perform within such time will constitute a
default.
Tort: A private or civil wrong that results in an injury;
a breach of the duty of care causing damage; a negligent act.
Tortfeasor: One who commits a tort.
Trade Name: The name under which a person does business,
and which identifies the business.
Trade Secret: Any formula, process, plan or mechanism developed
and utilized in conjunction with one's business which is kept
private or secret in order to obtain an advantage over competitors.
Trademark: Any mark, word, or design affixed to goods or
products which authenticates them.
Treble Damages: Damages established by statute, most commonly
applicable to anti-trust violations, whereby the plaintiff receives
an award of three times the amount of actual damages.
Trespass: Wrongful interference with the use of the property
of another.
Trial Court: A court of original jurisdiction which hears
and tries a lawsuit.
Trust: An entity or method through which assets can be
held for distribution to beneficiaries at a later date.
Trustee: A duly authorized agent or fiduciary who holds
title to property for the benefit of another person; the administrator
of a trust.
Ultra Vires: An action by a corporation that is
beyond the scope of powers conferred by statute or authorized
by corporate documents.
Underwrite: To insure payment or satisfaction of an obligation;
to insure life or property; to sell stock or bonds to the public
and agree to buy any that are not sold.
Undue Influence: That degree of influence or compulsion
that destroys or eliminates another's free will; any improper
persuasion whereby the will of a person is overpowered inducing
an action which otherwise would not have been taken. Uniform Commercial
Code (U.C.C.) : A compilation of laws governing commercial transactions.
United States Code: The official compilation of federal
statutes.
Unjust Enrichment: The doctrine that a person should not
be allowed to gain or benefit improperly from the acts and efforts
of another without compensation.
Unliquidated: Not as yet determined as to amount.
Usury: The wrongful charging of interest at a rate which
exceeds that allowed by statute. Usury may constitute a crime
under state law depending on the rate of interest charged.
Vacate: To void or set aside a judgment or order.
Variance: A modification of zoning ordinance regulations
to permit the use of property in a manner otherwise forbidden,
when such variance will not be contrary to the public interest.
Venire: Process by which jurors are summoned to try a case;
the jury panel.
Venue: The place of trial; one of several places where
a trial may properly be conducted.
Verdict: The opinion and findings of a jury as reported
to the court.
Verification: An affidavit, oath or deposition attesting
to the accuracy of a statement contained in a document.
Vicarious Liability: Liability imposed on one person for
the actions of another, as in the case of an employer who is vicariously
liable for the acts of an employee performed in the course and
scope of the employee's duties. See also Master and Servant.
View: An inspection of an object by the court or jury where
the object or location viewed cannot conveniently be produced
in court.
Void: Having no legal force; null.
Voidable: Capable of being rendered void or annulled.
Voir Dire: The process of examination of prospective jurors
by the court or attorneys to determine their qualification for
jury service and to uncover any biases or conflicts of interest.
W-X-Y-Z
Waiver: The voluntary and intentional surrender of a
right or privilege.
Ward: A person for whom a guardianship has been established.
Warranty: A promise to perform, make good, repair or indemnify
the promissee for a loss incurred in the event a represented fact
proves to be untrue; a promise that a fact is true.
Warranty Deed: A deed which warrants and guarantees that
the title being transferred is free and clear of all encumbrances.
Weight Of The Evidence: The balance of the greater amount
of credible evidence.
Whiplash Injury: A soft-tissue injury to the neck or back
usually associated with rear-end automobile collisions.
Will: A dispositive document prepared by or at the direction
of a testator of sufficient testamentary capacity, indicating
how property is to be disposed of as of the date of death.
Willful: Intentional; intending the result which comes
to pass.
With Prejudice: A phrase used in orders of judgments indicating
that an action or claim has been irrevocably dismissed and the
only available remedy thereafter is an appeal.
Work Product: Work done by an attorney in the course of
his representation of a client that is privileged and cannot be
obtained by an adverse party.
Worker's Compensation: Mandatory insurance under state
law that pays medical and lost wage benefits to workers injured
in the course and scope of their employment.
Writ: The means by which a court compels acts to be performed,
including such documents as an arrest warrant, garnishment and
writs of attachment.
Writ Of Assistance: A writ issued by a court in order to
enforce its judgment or decree.
Writ Of Execution: An order directed to a sheriff or other
law enforcement officer to levy and execute upon the property
of a judgment debtor to satisfy a judgment.
Writ of Prohibition: A writ issued by a Superior Court
directing a judge, court or tribunal not to take an action that
would be in excess of and beyond its jurisdiction.
Wrongful Death Statute: A state statute defining and limiting
the types of compensation recoverable by survivors of a decedent
in an action resulting from another's negligence.
X-Ray: X-rays are electromagnetic waves. Unlike light
waves, x-rays are stopped by solids or other dense radiopaque
objects, including bone. X-rays pass through the body and exit
from the opposite side where difference in density appear in shades
of gray on x-ray film.
An x-ray is a useful diagnostic tool available for visualization
of structures within the body. X-rays are limited, however, when
compared to other sophisticated imaging now available. X-rays
are an excellent starting point, however. The most frequent application
for x-ray is the diagnosis of fractures and dislocations, certain
tumors, tuberculosis, osteoarthritis, and other structural anomalies.
Skull x-rays may be used when the patient complains of headaches
or other neurological symptoms.
An x-ray test is said to be "positive" if the x-ray
film reveals an alteration in normal anatomical structure (fracture,
etc.), an invasion by a new growth such as a tumor, or displacement
of brain structures such as that caused by a subdural hematoma.