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| A charge against a person or corporation |
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| to directly and formally institute legal proceedings against a person |
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| person against whom a criminal proceeding is initiated |
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| 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 |
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| voluntary acknowledgement that certain facts do exist or are true |
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| a person who has reached the age of majority |
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| a written, ex parte, statement made or taken under oath before an officer of the court or a notary public |
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| the act of an appellate court that the judgement of the lower court is correct |
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| in pleading, an assertion of fact |
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| a resort to a higher court, seeking a reversal of a court decision |
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| an attempt or threat, with unlawful force, to inflict bodily injury |
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| the unlawful application of force to the person of or,unauthorized touching of another, no physical harm need result |
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| a party’s failure to perform some contracted- for or agreed-upon act, or failure to comply with a duty imposed by law |
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| the obligation of one party in a lawsuit to prove all the requirements necessary to show entitlement to recovery |
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| a warning, caution or qualification |
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| indirect evidence, secondary evidence by which a principal fact may be inferred |
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Definition
| the branch of law that pertains to suits outside of criminal practice, pertaining to the rights and duties of persons in contract, tort, etc |
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| as a standard of proof, it is that amount of evidence beyonda mere preponderance, but below that of beyond a reasonable doubt. |
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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 |
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| a doctrine in some states which allows apportionment between plaintiff and defendant of responsibility 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 |
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| 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 |
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| the first pleading of the plaintiff setting out the facts on which the claim for relief is based |
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| an admission of guilt or other incriminating statement made by the accused |
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| something of value received or promised to persuade someone to enter into a contract |
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| an agreement between two or more persons that is enforceable by law |
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| a doctrine recognized in some states which precludes any recovery by a plaintiff if they were guilty of negligence which contributed to cause their injury |
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| an agreement or promise to do or not to do a particular thing |
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| an agreement or promise to do or not to do a particular thing |
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| monetary compensation which the law awards to one who has been injured by the actions of another |
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| the person who is being sued |
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Definition
| a contract in which mutual assent has been destroyed, by fraud, coercion or otherwise |
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Definition
| a pre-trial discovery procedure whereby parties or witnesses are examined under oath, a court reporter is present and records questions and answers |
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Definition
| a pre-trial procedure by which one party gains information by another party |
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| action by one party that forces another to do what need not otherwise be done |
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| obligatory conduct owed by a person to another person |
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| the freeing of someone from the control of another, a parent’s express or implied relinquishing of rights over a minor child |
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| 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 |
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| refers to evidence and or statements which tend to clear, justify or exclude the defendant from alleged guilt or fault |
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| to sign a legal instrument so that it is legally enforceable |
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| a contract not fully accomplished or completed |
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| a contract fully performed by both parties |
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| a witness achieving “special knowledge” of the subject about which they will testify |
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| an occurrence which may result in liability |
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| placing a document into the possession of the court for inclusion in the file of a case |
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| intentional deception resulting in injury to another |
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| the process in which money or goods in the hands of a third person which are due a defendant are attached by the plaintiff |
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| ignorantia legis non excusat |
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Definition
| ignorance of the law is no excuse |
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Term
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Definition
where one is held liable for the conduct of another, because the other person is the agent or employee of the
person of the person who is held ultimately responsible |
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| that which tends to incriminate |
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| the obligation or duty resting on one person to make good any loss or damage another has incurred or may incur |
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Term
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Definition
| a pre-trial discovery tool in which written questions are asked to an opponent in a under oath |
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Definition
| by the fact itself, in and of itself |
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| the determination of a court of competent jurisdiction upon matters submitted to it |
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| having legal responsibility to pay another for damages |
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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 |
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Definition
| a professional’s improper or immoral conduct in the performance of duties, done intentionally or through carelessness or ignorance |
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