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Dictionary of Law |
damages :: legal definitionDamages - n. the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. There are many types of damages. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs or loss of money due on a contract. The second basic area of damages are general damages, which are presumed to be a result of the other party's actions, but are subjective both in nature and determination of value of damages. These include pain and suffering, future problems and crippling effect of an injury, loss of ability to perform various acts, shortening of life span, mental anguish, loss of companionship, loss of reputation (in a libel suit, for example), humiliation from scars, loss of anticipated business and other harm. The third major form of damage is exemplary (or punitive) damages, which combines punishment and the setting of public example. Exemplary damages may be awarded when the defendant acted in a malicious, violent, oppressive, fraudulent, wanton or grossly reckless way in causing the special and general damages to the plaintiff. On occasion punitive damages can be greater than the actual damages, as, for example, in a sexual harassment case or fraudulent schemes. Although often asked for, they are seldom awarded. Nominal damages are those given when the actual harm is minor and an award is warranted under the circumstances. The most famous case was when Winston Churchill was awarded a shilling (about 25 cents) against author Louis Adamic, who had written that the British Prime Minister had been drunk at a dinner at the White House. Liquidated damages are those pre-set by the parties in a contract to be awarded in case one party defaults as in breach of contract. See also: consequential damages exemplary damages general damages judgment liquidated damages special damages and Related Law Terms ↓ Related Law Termsact of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!admiralty :: n. concerning activities which occur at sea, inclu ... "proctors." See also: maritime law adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt amend :: v. to alter or change by adding, subtracting, or s ... mended pleading statute stipulation amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification antitrust laws :: n. acts adopted by Congress to outlaw or restrict ... so: price fixing restraint of trade appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal." appearance :: n. the act of a party or an attorney showing up in ... neral appearance special appearance attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment attempt :: v. and n. to actually try to commit a crime and ha ... felt he tried but did not succeed. Attorney General :: n. in each state and the federal government the hi ... izenry. See also: Solicitor General attorney-in-fact :: n. someone specifically named by another through a ... cument. See also: power of attorney Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard. casualty :: n. 1) an accident which could not have been forese ... definition. See also: casualty loss casualty loss :: n. in taxation, loss due to damage which qualifies ... mage from water seepage or erosion. child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. claim in bankruptcy :: n. the written claim filed by persons or businesse ... : bankruptcy bankruptcy proceedings common counts :: n. claims for debt alleged in a lawsuit (included ... so: cause of action complaint count community property :: n. property and profits received by a husband and ... and distribution separate property comparative negligence :: n. a rule of law applied in accident cases to dete ... utory negligence damages negligence compensatory damages :: n. damages recovered in payment for actual injury ... es punitive damages special damages complaint :: n. the first document filed with the court (actual ... g prayer service of process summons consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment consideration :: n. 1) payment or money. 2) a vital element in the ... t of a promise). See also: contract constructive notice :: n. a fiction that a person got notice even though ... personally. See also: constructive contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical. contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract contribution :: n. 1) donation to a charity or political campaign. ... f $3,000 from each of his partners. contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence corporation :: n. an organization formed with state governmental ... ation public corporation securities cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials. court costs :: n. fees for expenses that the courts pass on to at ... ee also: cost bill prevailing party criminal calendar :: n. the list of criminal cases to be called in cour ... e plea preliminary hearing sentence cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons deed :: 1) n. the written document which transfers title ( ... veyance deed of trust warranty deed direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages entrapment :: n. in criminal law, the act of law enforcement off ... e drugs if not pressed by the narc? exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases. file :: 1) v. to deposit with the clerk of the court a wri ... rrespondence and notes on the case. final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993. garnish :: v. to obtain a court order directing a party holdi ... ed. See also: garnishee garnishment general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership gravamen :: n. Latin for "to weigh down," the basic gist of ev ... o: cause of action charge complaint gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages harassment :: (either harris-meant or huh-rass-meant) n. the act ... See also: harass sexual harassment impleader :: n. a procedural device before trial in which a par ... than having two suits in a series. implied covenant of good faith and fair dealing :: n. a general assumption of the law of contracts, t ... -long employment. See also: implied impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability in kind :: adj. referring to payment, distribution or substit ... . See also: distribution trust will in propria persona :: adj. from Latin "for one's self," acting on one's ... client and an ass for an attorney." injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ injunctive relief :: n. a court-ordered act or prohibition against an a ... t injunction restraining order writ injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts interest :: n. 1) any and all, partial or total right to prope ... nal property real property standing intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause joinder :: n. the joining together of several lawsuits or sev ... er misjoinder multiplicity of suits joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue jury :: n. one of the remarkable innovations of the Englis ... hallenge sequester venire voir dire last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence law book :: n. any of numerous volumes dealing with law, inclu ... : common law law Shepardize statute levy :: 1) v. to seize (take) property upon a writ of exec ... heriff's sale tax writ of execution liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander limited partnership :: n. a special type of partnership which is very com ... mited liability partner partnership liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages literary property :: n. the writings of an author which entitles him/he ... as copyrighted. See also: copyright long cause :: n. a lawsuit in which it is estimated that a trial ... dar call court calendar short cause long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions maxims :: n. a collection of legal truisms which are used as ... e and the ordinary habits of life." mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C. paid into court :: adj. referring to money deposited with the clerk o ... differences. See also: interpleader pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering palimony :: n. a substitute for alimony in cases in which the ... the relationship. See also: alimony party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement. peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ privileged communication :: n. statements and conversations made under circums ... See also: attorney-client privilege probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant promissory note :: n. a written promise by a person (variously called ... lso: interest obligee obligor usury proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence property damage :: n. injury to real or personal property through ano ... l value. See also: damages property prosecute :: v. 1) in criminal law, to charge a person with a c ... rney General prosecution prosecutor prosecution :: n. 1) in criminal law, the government attorney cha ... se). See also: prosecute prosecutor prosecutor :: n. generic term for the government's attorney in a ... ee also: Attorney General prosecute proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence punitive damages :: n. (synony- mous with exemplary damages), damages ... t acts. See also: exemplary damages quiet title action :: n. a lawsuit to establish a party's title to real ... opposition. See also: notice title quotient verdict :: n. an award of money damages set by a jury in a la ... rial motion for a new trial verdict rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally. regulations :: n. rules and administrative codes issued by govern ... es usually have similar procedures. remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand request :: 1) v. to ask or demand a judge to act (such as iss ... n. the act of asking or demanding. res ipsa loquitur :: (rayz ip-sah loh-quit-her) n. Latin for "the thing ... plex doctrine. See also: negligence rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment search and seizure :: n. examination of a person's premises (residence, ... robable cause search search warrant search warrant :: n. a written order by a judge which permits a law ... ble cause search search and seizure short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause." small claims court :: n. a division of most municipal, city or other low ... od example of a small claims court. sodomy :: n. anal copulation by a man inserting his penis in ... tiality). See also: bestiality rape special appearance :: n. the representation by an attorney of a person i ... anged. See also: general appearance special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages special prosecutor :: n. an attorney from outside of the government sele ... Robert Bork finally discharged Cox. specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer star chamber proceedings :: n. any judicial or quasi-judicial action, trial or ... ate 1960s. See also: kangaroo court statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll stop and frisk :: n. a law enforcement officer's search for a weapon ... h search and seizure search warrant suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering summary adjudication of issues :: n. a court order ruling that certain factual issue ... is made. See also: summary judgment summary judgment :: n. a court order ruling that no factual issues rem ... tion summary adjudication of issues superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause title :: n. 1) ownership of real property or personal prope ... ink slip real property title search tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust variance :: n. 1) an exception to a zoning ordinance, authoriz ... process." See also: dismissal proof venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause Workers' Compensation Acts :: n. state statutes which establish liability of emp ... rs' compensation insurance company. wrongful death :: n. the death of a human being as the result of a w ... ual beneficiaries (family members). Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - DD.A. :: n. slang for District Attorney. ... n. slang for District Attorney.d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state. D.U.I. :: n. short for driving under the influence of alcoho ... ing under the influence of alcohol. D.W.I. :: n. 1) short for driving while intoxicated. 2) abbr ... for dying without issue (children). damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages dangerous :: adj. unsafe, hazardous, fraught with risk. It can ... eapon's range. See also: negligence dangerous weapon :: n. any gun, knife, sword, crossbow, slingshot or o ... igence and possibly win a judgment. date rape :: n. forcible sexual intercourse by a male acquainta ... physical resistance. See also: rape day in court :: n. popular term for everyone's opportunity to brin ... rt to protest his speeding ticket." de facto :: adj. Latin for "in fact." Often used in place of " ... ave not been met. See also: de jure de facto corporation :: n. a company which operates as if it were a corpor ... also: de facto de jure ultra vires de jure :: adj. Latin for "lawful," as distinguished from de ... also: de facto de jure corporation de jure corporation :: n. a corporation in good standing under the law, a ... also: de facto corporation de jure de minimis :: adj. (dee-minnie-miss) Latin for "of minimum impor ... deal, a $10 mistake is de minimis. de novo :: adj. Latin for "anew," which means starting over, ... n, de novo. See also: trial de novo deadly weapon :: n. any weapon which can kill. This includes not on ... See also: assault dangerous weapon dealer :: n. anyone who buys goods or property for the purpo ... ins taxes by buying other property. death penalty :: n. the sentence of execution for murder and some o ... rder and some other capital crimes. death row :: n. nickname for that portion of a prison in which ... o: capital punishment death penalty debenture :: n. a form of bond certificate issued by a corporat ... n shares of stock or general bonds. |