| Term: Adjudication |
| Definition: The final order, pronouncement or judgment of a court or other tribunal. |
| Term: Adjuster |
| Definition: An employee or agent of an insurance company who handles a casualty claim. |
| Term: Admission |
| Definition: A statement or confession by a party to a lawsuit acknowledging that certain facts which may be against his interests are true. |
| Term: Advocate |
| Definition: One who renders legal advice, assistance or argues on behalf of a party before a court or tribunal; a lawyer. |
| Term: Affidavit |
| Definition: A written statement or declaration made under oath before a notary or other person authorized to certify the statement. |
| Term: Affirmation |
| Definition: 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. |
| Term: Affirmative Defense |
| Definition: 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. |
| Term: Allegation |
| Definition: A statement or declaration of fact that a party expects to prove, generally set out in a pleading (complaint). |
| Term: Allege |
| Definition: To state, assert or declare. |
| Term: Amendment |
| Definition: A change or addition which improves or supplements another written document. |
| Term: Amicable |
| Definition: Friendly; mutually agreed to, as a settlement. |
| Term: Appraisal |
| Definition: A valuation of property by a disinterested party who is qualified to do so (appraiser). |
| Term: Arbitration |
| Definition: The process through which a controversy is submitted to an impartial person called an arbitrator, to resolve a dispute outside of the court system. |
| Term: Arbitration Clause |
| Definition: A provision in a contract providing for arbitration in lieu of a court action. |
| Term: Attest |
| Definition: To affirm to be true; to act as a witness by signing. |
| Term: Attorney |
| Definition: One licensed to practice law under state rules (admitted to the bar); an agent appointed to act in place of another; an advocate. |
| Term: Bad Faith |
| Definition: Willful or dishonest conduct in a situation where a party owes a financial or other duty to a third party. |
| Term: Brain Mapping |
| Definition: 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. |
| Term: Breach Of Contract |
| Definition: Failure, without legal excuse, to perform a duty required under a contract. |
| Term: Burden Of Proof |
| Definition: 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. |
| Term: Carrier |
| Definition: One engaged in the transportation of goods or freight; an insurance company. |
| Term: Case Law |
| Definition: Reported court decisions forming the body of jurisprudence. |
| Term: Carrier |
| Definition: One engaged in the transportation of goods or freight; an insurance company. |
| Term: Case Law |
| Definition: Reported court decisions forming the body of jurisprudence. |
| Term: Cause Of Action |
| Definition: A claim which will support a valid lawsuit; the lawsuit itself. |
| Term: Certify |
| Definition: To make known or establish as a fact; to declare in writing. |
| Term: Chambers |
| Definition: A judge’s private office, where a hearing can be conducted. |
| Term: Check |
| Definition: A draft or order to pay money. |
| Term: Circumstantial Evidence |
| Definition: Indirect or secondary evidence through which a fact may be proved by inference. |
| Term: Civil Action |
| Definition: A lawsuit outside of the criminal justice system, seeking redress or an award of damage for a civil wrong. |
| Term: Civil Procedure |
| Definition: The rules that regulate practice before a civil court. |
| Term: Civil Rights |
| Definition: 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. |
| Term: Claim |
| Definition: An asserted right to money, property or relief. |
| Term: Claimant |
| Definition: A party asserting or presenting a claim. |
| Term: Class Action |
| Definition: A lawsuit brought by a limited number of members on behalf of a larger group, all of whom share a common right or damage. |
| Term: Clause |
| Definition: A paragraph or subdivision of a legal document such as a contract. |
| Term: Clerk Of Court |
| Definition: An officer of the court who has clerical duties, including record keeping, filing and making certified copies. |
| Term: Code |
| Definition: A compilation or collection of laws and statutes. |
| Term: Comparative Negligence |
| Definition: The doctrine providing that any award for injury caused by a defendant is reduced proportionately by the plaintiff’s relative degree of negligence. |
| Term: Compensatory Damages |
| Definition: 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. |
| Term: Competent |
| Definition: Having the ability to understand the nature and consequences of one’s actions. |
| Term: Complaint |
| Definition: The initial pleading filed in a lawsuit by the plaintiff setting out the facts upon which the claim is based. |
| Term: Conclusion Of Fact |
| Definition: The inference drawn by a jury or the decider of fact based upon the evidence. |
| Term: Confidential Communication |
| Definition: A communication not intended to be disclosed to third parties, as between a lawyer and client. |
| Term: Confidential Relationship |
| Definition: A fiduciary or other relationship which requires the utmost of good faith, and often, an understanding that communications between the parties are private. |
| Term: Consideration |
| Definition: 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. |
| Term: Consolidate |
| Definition: To join together, as several lawsuits with identical parties or issues. |
| Term: Consortium |
| Definition: Affection, company and sexual relations between spouses. |
| Term: Contingency Fee |
| Definition: A fee paid to an attorney conditioned on a successful recovery in a negligence claim, based on a percentage of the recovery. |
| Term: Continuance |
| Definition: A temporary stay or postponement of a legal proceeding. |
| Term: Contributory Negligence |
| Definition: 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. |
| Term: Costs |
| Definition: Expenses incurred in the prosecution of a lawsuit, including filing fees, deposition expenses and witness fees. |
| Term: Counterclaim |
| Definition: A claim filed by the defendant against a plaintiff as part of defendant’s response to a lawsuit. |
| Term: Court |
| Definition: 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. |
| Term: Court Calendar |
| Definition: The schedule of cases pending before the court. |
| Term: Court Order |
| Definition: Any judgment or order of any court of appropriate jurisdiction. |
| Term: Court Reporter |
| Definition: Person certified to transcribe by shorthand or stenographic means any court proceeding or pre-trial matter. |
| Term: Credible |
| Definition: Worthy of belief. |
| Term: Cross-Claim |
| Definition: A lawsuit filed by one defendant in a lawsuit against another defendant in the same lawsuit. |
| Term: Cross-Examination |
| Definition: The questioning of a witness at trial or deposition by the adverse party. |
| Term: CT Scan |
| Definition: 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. |
| Term: Damages |
| Definition: 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. |
| Term: Default |
| Definition: Failure to pay or discharge a duty. |
| Term: Default Judgment |
| Definition: A judgment against a defendant who has failed to respond or otherwise appear in a lawsuit. |
| Term: Defendant |
| Definition: In a civil proceeding, the party being sued; in criminal proceedings, the accused. |
| Term: Deliberation |
| Definition: A process by which jurors reach a verdict; the act of weighing and examining evidence. |
| Term: Demand |
| Definition: Assert a legal right; claim. |
| Term: Demand Note |
| Definition: A written document evidencing indebtedness which is payable upon demand or presentation. |
| Term: Deponent |
| Definition: A witness who gives testimony under oath at a deposition; an affiant. |
| Term: Deposition |
| Definition: The giving of testimony and cross-examination of witnesses before trial. Ordinarily a deposition is stenographically transcribed and recorded for later use. |
| Term: Depreciation |
| Definition: A reduction in property value resulting from age or use. |
| Term: Determination |
| Definition: The final decision of a court. |
| Term: Discovery |
| Definition: Various pre-trial procedures including depositions, interrogatories and requests for production, whereby parties obtain evidence to be used at trial. |
| Term: Dismiss |
| Definition: To reject a claim or suit temporarily or permanently without further hearing or consideration through an order of dismissal. |
| Term: Docket |
| Definition: List of cases to be heard or tried; record book containing summaries of court action in any case. |
| Term: Dismissal With Prejudice |
| Definition: A dismissal of a claim on its merits leaving nothing more for determination by the court and having the force of a final judgment. |
| Term: EEG |
| Definition: 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. |
| Term: Endorsement |
| Definition: The signature on the back of a check or other negotiable instrument. |
| Term: Error |
| Definition: Mistake of law or fact forming the basis of an appeal to a higher court. |
| Term: Evidence |
| Definition: 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. |
| Term: Ex Parte |
| Definition: An application or communication to the court without notice and outside the presence of an adverse party. Ex Parte communications are prohibited. |
| Term: Ex Post Facto |
| Definition: 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. |
| Term: Execute |
| Definition: To complete a legal document, as by signing. |
| Term: Exemplary Damages |
| Definition: Punitive damages awarded to punish outrageous conduct, over and above compensatory damages. |
| Term: Exhibit |
| Definition: Tangible evidence, a display or document presented to the court or jury which tends to prove or explain some relevant fact. |
| Term: Expert Witness |
| Definition: Witness with specialized training or experience who is permitted to render opinion testimony in a legal proceeding. |
| Term: Factor |
| Definition: 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. |
| Term: Fault |
| Definition: Negligence; misconduct; deviation from standard of care. |
| Term: Fiduciary |
| Definition: 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. |
| Term: Fiduciary Relationship |
| Definition: 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. |
| Term: First Amendment |
| Definition: A guarantee of freedom of speech, assembly, press, petition, and free exercise of religion contained in the Bill of Rights. |
| Term: For Cause |
| Definition: With sufficient legal justification to perform an act. |
| Term: Good Faith |
| Definition: 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. |
| Term: Grace Period |
| Definition: The period during which insurance continues to be in force despite a delayed payment of premium. |
| Term: Grand Jury |
| Definition: A jury convened to hear evidence and determine whether an indictment (criminal charge) should be issued. Grand Juries have investigative and subpoena powers. |
| Term: Gross Negligence |
| Definition: A negligent act committed with a conscious indifference to the consequences thereof willfully or wantonly. |
| Term: Guarantor |
| Definition: A person or entity who agrees in writing to pay the indebtedness of another. |
| Term: Guardian |
| Definition: One who the law has entrusted with the custody and control of the person or property of a ward. |
| Term: Guardian Ad Lietem |
| Definition: One appointed by a court in which litigation is pending to represent a ward (e.g., a minor or incompetent). |
| Term: Habeas Corpus |
| Definition: 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. |
| Term: Hearsay |
| Definition: 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. |
| Term: Hearsay Rule |
| Definition: 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. |
| Term: Hidden Defect |
| Definition: A defect in property or goods which is not readily detectable, that causes injury to a third party. |
| Term: Hostile Witness |
| Definition: An adverse witness or opposing party who is known to offer prejudicial evidence as a result of such adverse interest or bias. |
| Term: Hung Jury |
| Definition: A jury that cannot reach a verdict due to an inability to reconcile their differences. |
| Term: Hypothetical Question |
| Definition: 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. |
| Term: Immunity |
| Definition: 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. |
| Term: Impleader |
| Definition: A procedure whereby a third party may be brought into a lawsuit by a defendant who is being sued by a plaintiff. |
| Term: Implied |
| Definition: Where the intention of the parties is not shown by direct terms but derived from surrounding circumstances or conduct. |
| Term: Incapacity |
| Definition: Lack of sufficient legal, physical or intellectual power to perform an act. |
| Term: Incompetency |
| Definition: The inability or incapacity at law to perform an act, such as giving testimony or making a will. |
| Term: Incumbrance |
| Definition: See Encumbrance. |
| Term: Indemnify |
| Definition: To insure a third party against loss; to agree to pay damages resulting from another’s actions. |
| Term: Indemnity |
| Definition: 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. |
| Term: Indenture |
| Definition: A deed to which several persons are parties, in which each assumes corresponding obligations. |
| Term: Indispensable Party |
| Definition: 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. |
| Term: Informed Consent |
| Definition: Consent given after full disclosure of constitutional and other legal rights which impact on whether consent would be given. |
| Term: Infringement |
| Definition: The unauthorized use, sale or manufacture of an invention, trademark, tradename or copyright. |
| Term: Injunction |
| Definition: An order or writ issuing from a court compelling a party to perform or refrain from performing certain acts. |
| Term: Inquest |
| Definition: An inquiry by a coroner into the manner of death in a possible homicide case; a tribunal selected to inquire into selected factual matters. |
| Term: Insurable Interest |
| Definition: A real and financial interest in property or the life of another sufficient to support and justify ownership of an insurance policy. |
| Term: Intangible Personal Property |
| Definition: 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). |
| Term: Intent |
| Definition: The state of mind necessary to support a criminal proceeding against a defendant; the knowing performance of an act. |
| Term: Interpleader |
| Definition: 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. |
| Term: Interrogatories |
| Definition: Written questions served on a party to a lawsuit to be answered under oath as part of pre-trial discovery. |
| Term: Ipso Facto |
| Definition: By virtue of the mere fact of itself. |
| Term: Irrelevant |
| Definition: 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. |
| Term: Irreparable Injury |
| Definition: 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. |
| Term: Irrevocable |
| Definition: That which cannot be revoked or undone. |
| Term: Issue |
| Definition: A point of controversy in a lawsuit; all persons descended from a common ancestor. |
| Term: Joinder |
| Definition: Combining several causes of action or parties in a single lawsuit. |
| Term: Jones Act |
| Definition: A federal law providing medical, disability and death benefits to sailors who suffer injuries in the course of their employment. |
| Term: Judge Advocate |
| Definition: An officer at a court-martial who may act as clerk, prosecutor and/or legal advisor to the court. |
| Term: Judgment |
| Definition: A final determination by a court; the official decision of the court. |
| Term: Jurisdiction |
| Definition: The power and authority of a court to hear and determine a case. |
| Term: Jurisprudence |
| Definition: The collective legal system including case law; the philosophy of law. |
| Term: Jurist |
| Definition: A legal scholar. |
| Term: Juror |
| Definition: A person selected to serve on a jury who has taken an oath to follow the law as enunciated by the judge. |
| Term: Jury |
| Definition: An impartial group summoned and sworn to decide disputed issues of facts at a trial. |
| Term: Latent Defect |
| Definition: A defect in a product or premises that is not readily observable or discoverable even with the exercise of ordinary care. |
| Term: Lay Witness |
| Definition: 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. |
| Term: Leading Question |
| Definition: A question which suggests to the witness the expected answer. Leading questions are ordinarily improper and are objected to at trial. |
| Term: Letter Of Intent |
| Definition: A preliminary writing setting forth an understanding between parties. Letters of Intent ordinarily do not constitute binding agreements. |
| Term: Letters Rogatory |
| Definition: 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. |
| Term: Liability |
| Definition: The duty, obligation or responsibility arising by virtue of a contract or a tort (act of negligence). |
| Term: Libel |
| Definition: A false defamatory statement which is written or printed and published or communicated to others. |
| Term: Libel Per Se |
| Definition: 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. |
| Term: Limitations |
| Definition: See Statute of Limitations. |
| Term: Limited Liability |
| Definition: 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. |
| Term: Litigation |
| Definition: A judicial proceeding in which the rights, duties and obligations of parties are determined. |
| Term: Long-Arm Statute |
| Definition: 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. |
| Term: Lump Sum Settlement |
| Definition: Arrangement whereby the entire amount of compensation due to an employee or injured party is paid at one time, often at a discount. |