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Dictionary of Law |
standard of care :: legal definitionStandard of care - n. the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would exercise. If a person's actions do not meet this standard of care, then his/her acts fail to meet the duty of care which all people (supposedly) have toward others. Failure to meet the standard is negligence, and any damages resulting therefrom may be claimed in a lawsuit by the injured party. The problem is that the "standard" is often a subjective issue upon which reasonable people can differ. See also: duty of care foreseeable risk negligence and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove. Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people. care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence due care :: n. the conduct that a reasonable man or woman will ... "reasonable" man or woman would do. duty :: n. 1) a legal obligation, the breach of which can ... on imports. See also: duty of care duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars. gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward impute :: v. 1) to attach to a person responsibility (and th ... also. See also: vicarious liability invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions 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 not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea 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 proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability 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 - Ssaid :: adj. a reference back to a thing that was previous ... automobile in a negligent manner."sale :: n. transfer of something (and title to it) in retu ... contract forced sale sheriff's sale salvage :: 1) v. to save goods. 2) n. payment to a person or ... which saves cargo from a shipwreck. sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court satisfaction :: n. receiving payment or performance of what is due ... n contract satisfaction of judgment satisfaction of judgment :: n. a document signed by a judgment creditor (the p ... ord. See also: abstract of judgment satisfaction of mortgage :: n. a document signed by a lender acknowledging tha ... id off the debt. See also: mortgage save harmless :: v. 1) also called hold harmless, to indemnify (pro ... . See also: hold harmless indemnify savings and loan :: n. a banking and lending institution, chartered ei ... vings into the home finance market. scienter :: n. Latin for "having knowledge." In criminal law, ... ents were lies and thus fraudulent. scintilla :: n. Latin for "spark." Scintilla is commonly used i ... ark) upon which to base a judgment. scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior scrivener :: n. a person who writes a document for another, usu ... r practicing law without a license. seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today. sealed verdict :: n. the decision of a jury when there is a delay in ... reconvenes. See also: jury verdict sealing of records :: n. trial records and decisions which a judge order ... eep the terms from public scrutiny. search :: v. 1) to examine another's premises (including a v ... e search and seizure search warrant 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 second degree murder :: n. a non-premeditated killing, resulting from an a ... t degree murder manslaughter murder |