Dictionary of Law
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negligence :: legal definition


Negligence - n. failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. Negligence is accidental as distinguished from "intentional torts" (assault or trespass, for example) or from crimes, but a crime can also constitute negligence, such as reckless driving. Negligence can result in all types of accidents causing physical and/or property damage, but can also include business errors and miscalculations, such as a sloppy land survey. In making a claim for damages based on an allegation of another's negligence, the injured party (plaintiff) must prove: a) that the party alleged to be negligent had a duty to the injured party-specifically to the one injured or to the general public, b) that the defendant's action (or failure to act) was negligent-not what a reasonably prudent person would have done, c) that the damages were caused ("proximately caused") by the negligence. An added factor in the formula for determining negligence is whether the damages were "reasonably foreseeable" at the time of the alleged carelessness. If the injury is caused by something owned or controlled by the supposedly negligent party, but how the accident actually occurred is not known (like a ton of bricks falls from a construction job), negligence can be found based on the doctrine of res ipsa loquitor (Latin for "the thing speaks for itself"). Furthermore, in six states (Alabama, North Carolina, South Carolina, Tennessee, Virginia, Maryland) and the District of Columbia, an injured party will be denied any judgment (payment) if found to have been guilty of even slight "contributory negligence" in the accident. This archaic and unfair rule has been replaced by "comparative negligence" in the other 44 states, in which the negligence of the claimant is balanced with the percentage of blame placed on the other party or parties ("joint tortfeasors") causing the accident. In automobile accident cases in 16 states the head of the household is held liable for damages caused by any member of the family using the car under what is called the "family purpose" doctrine. Nine states (California, New York, Michigan, Florida, Idaho, Iowa, Minnesota, Nevada, Rhode Island) make the owner of the vehicle responsible for all damages caused by a driver given permission to use the car, whether or not the negligent driver has assets or insurance to pay a judgment. Eight states (Connecticut, Massachusetts, New Jersey, Oregon, Rhode Island, Tennessee, Virginia, West Virginia) allow the owner to rebut a presumption that the driver was authorized to use the car. Negligence is one of the greatest sources of litigation (along with contract and business disputes) in the United States.

See also: comparative negligence contributory negligence damages family purpose doctrine foreseeable risk gross negligence joint tortfeasors liability negligence per se res ipsa loquitur tort and Related Law Terms ↓


Related Law Terms

abduction :: n. the criminal taking away of a person by persuas ... g of children. See also: kidnapping
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
account stated :: n. a statement between a creditor or the person to ... ending on the state. See also: debt
acknowledgment :: n. the section at the end of a document where a no ... me leases and various other papers.
action :: n. a lawsuit in which one party (or parties) sues ... . See also: cause of action lawsuit
ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem
adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements.
administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
admission :: n. a statement made by a party to a lawsuit or a c ... mission against interest confession
admission against interest :: n. an admission of the truth of a fact by any pers ... earsay. See also: admission hearsay
admit :: v. 1) to state something is true in answering a co ... tted." See also: admission evidence
adoption :: n. the taking of a child into one's family, creati ... the child are met. See also: adopt
adverse party :: n. the opposite side in a lawsuit. Sometimes when ... the court rules the will was legal.
affirmative defense :: n. part of an answer to a charge or complaint in w ... lp the defendant. See also: defense
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
amended complaint :: n. what results when the party suing (plaintiff or ... cause of action complaint demurrer
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
arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs.
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
articles of incorporation :: n. the basic charter of a corporation which spells ... year's taxes. See also: corporation
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bailor :: n. a person who leaves goods in the custody of ano ... is found. See also: bailee bailment
bankruptcy :: n. a federal system of statutes and courts which p ... y proceedings trustee in bankruptcy
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
brief :: 1) n. a written legal argument, usually in a forma ... another person. See also: precedent
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
carrier :: n. in general, any person or business which transp ... lso: common carrier private carrier
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
chattel mortgage :: n. an outmoded written document which made a chatt ... ed by the property. See also: UCC-1
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time.
class :: n. in legal (not sociological) terms, all those pe ... nt is given. See also: class action
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
commercial frustration :: n. an unforeseen uncontrollable event which occurs ... rustration of purpose impossibility
commingling :: n. the act of mixing the funds belonging to one pa ... rust accounts for funds of another.
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
complaint :: n. the first document filed with the court (actual ... g prayer service of process summons
condemn :: v. 1) for a public agency to determine that a buil ... condemnation action eminent domain
confidential relation :: n. a relationship in which one person has confiden ... remely obvious. See also: fiduciary
conflict of interest :: n. a situation in which a person has a duty to mor ... a position adverse to the customer.
consent decree :: n. an order of a judge based upon an agreement, al ... he same. See also: consent judgment
consequential damages :: n. damages claimed and/or awarded in a lawsuit whi ... See also: damages foreseeable risk
conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator
constitutional rights :: n. rights given or reserved to the people by the U ... e also: Bill of Rights constitution
contract :: 1) n. an agreement with specific terms between two ... n oral contract unilateral contract
contractor :: n. 1) a person or entity that enters into a contra ... actor mechanic's lien subcontractor
contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence
copyright :: 1) n. the exclusive right of the author or creator ... plagiarism public domain trademark
corporate opportunity :: n. a business opportunity which becomes known to a ... ative action fiduciary relationship
corporation :: n. an organization formed with state governmental ... ation public corporation securities
count :: n. each separate statement in a complaint which st ... also: cause of action common counts
court :: n. 1) the judge, as in "The court rules in favor o ... cost and wait of full court trials.
covenants, conditions and restrictions :: n. commonly called "CC and Rs," these are written ... ctive purchaser. See also: covenant
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
cy pres doctrine :: n. (see-pray doctrine) from French, meaning "as cl ... ey among several S.P.C.A. chapters.
d.b.a. :: n. short for "doing business as," when a person or ... that is registered with the state.
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.
default :: 1) n. failure to respond to a summons and complain ... default judgment notice of default
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
depreciation :: n. the actual or theoretical gradual loss of value ... e early years of use (accelerated).
descent :: n. the rules of inheritance established by law in ... on inheritance intestate succession
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
disinherit :: v. to intentionally take actions to guarantee that ... rorem clause pretermitted heir will
dismiss :: v. the ruling by a judge that all or a portion (on ... nst that party. See also: dismissal
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
doing business :: v. carrying on the normal activities of a corporat ... oration operating within the state.
domicile :: n. the place where a person has his/her permanent ... where its headquarters is located.
double jeopardy :: n. placing someone on trial a second time for an o ... that occurred thirty years earlier.
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
easement :: n. the right to use the real property of another f ... rstandings at the time of creation.
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
employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment
equal opportunity :: 1) n. a right supposedly guaranteed by both federa ... be so. See also: affirmative action
equal protection of the law :: n. the right of all persons to have the same acces ... laws." See also: due process of law
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
ex post facto :: adj. Latin for "after the fact," which refers to l ... ted before the new law was adopted.
executive clemency :: n. the power of a President in federal criminal ca ... ernor. See also: commutation pardon
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
felony :: n. 1) a crime sufficiently serious to be punishabl ... ion. See also: misdemeanor sentence
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
fiduciary :: 1) n. from the Latin fiducia, meaning "trust," a p ... lation fiduciary relationship trust
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
foreign corporation :: n. a corporation which is incorporated under the l ... tate or Whoopee's designated agent.
foreseeability :: n. reasonable anticipation of the possible results ... e also: foreseeable risk negligence
forum non conveniens :: (for-uhm nahn cahn-vee-nee-ehns) n. Latin for a fo ... most convenient location for trial.
fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud
fugitive from justice :: n. a person convicted or accused of a crime who hi ... extradition. See also: extradition
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
general partner :: n. 1) usually one of the owners and operators of a ... ted partnership partner partnership
Good Samaritan rule :: n. from a Biblical story, if a volunteer comes to ... a lawsuit for millions of dollars.
grace period :: n. a time stated in a contract in which a late pay ... the contract, i.e. your insurance.
grand larceny :: n. the crime of theft of another's property (inclu ... f the loot. See also: larceny theft
grandfather clause :: n. 1) a clause in a statute or zoning ordinance (p ... Such laws are now unconstitutional.
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
guarantee :: 1) v. to pledge or agree to be responsible for ano ... as some defect. See also: guarantor
guest statute :: n. a state law which sets standards of care by the ... sked to be let out. See also: guest
hearsay rule :: n. the basic rule that testimony or documents whic ... interest dying declaration hearsay
hit and run :: n. the crime of a driver of a vehicle who is invol ... , and then walks back to the scene.
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
incest :: n. sexual intercourse between close blood relative ... ily genes carrying such weaknesses.
incorporate :: v. 1) to obtain an official charter or articles of ... te by reference incorporation stock
indenture :: n. a type of real property deed in which two parti ... bind a person to work for another.
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
indispensable party :: n. a person or entity which must be included in a ... tion to join Olivia as a defendant.
information and belief :: n. a phrase often used in legal pleadings (complai ... nswer complaint declaration perjury
injunction :: n. a writ (order) issued by a court ordering someo ... t. See also: injunctive relief writ
injury :: n. any harm done to a person by the acts or omissi ... nction injunctive relief negligence
inquest :: n. 1) an investigation and/or a hearing held by th ... surrogate judge. See also: coroner
insanity :: n. mental illness of such a severe nature that a p ... M'Naughten rule temporary insanity
insolvency :: n. 1) the condition of having more debts (liabilit ... the property. See also: bankruptcy
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
interrogatories :: n. a set of written questions to a party to a laws ... ing. See also: deposition discovery
intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause
invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy
invitee :: n. a person who comes onto another's property, pre ... ail employees. See also: negligence
joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint
joint custody :: n. in divorce actions, a decision by the court (of ... em. See also: child custody divorce
joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership
joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several
joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence
joint venture :: n. an enterprise entered into by two or more peopl ... s terminated. See also: partnership
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
justice :: n. 1) fairness. 2) moral rightness. 3) a scheme or ... e appellate courts. See also: court
juvenile delinquent :: n. a person who is under age (usually below 18), w ... low as 14. See also: juvenile court
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
law :: n. 1) any system of regulations to govern the cond ... um maritime law natural law statute
lawsuit :: n. a common term for a legal action by one person ... See also: case cause of action suit
legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority
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
living will :: n. also called "a durable power of attorney," it i ... upport. See also: power of attorney
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
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
manslaughter :: n. the unlawful killing of another person without ... laughter. See also: homicide murder
Massachusetts Trust :: n. a business in which the investors give manageme ... provide for eventual distribution.
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
misappropriation :: n. the intentional, illegal use of the property or ... mbezzlement fiduciary larceny theft
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss.
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
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
no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain
no fault insurance :: n: a type of automobile insurance required of car ... ling lawsuits. See also: negligence
non-profit corporation :: n. an organization incorporated under state laws a ... harity corporation cy pres doctrine
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
notary public :: n. a person authorized by the state in which the p ... he state which appoints the notary.
notice :: n. 1) information, usually in writing in all legal ... Thirty-day notice three-day notice
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
pardon :: 1) v. to use the executive power of a Governor or ... also: amnesty commutation reprieve
partner :: n. 1) one of the co-owners and investors in a "par ... ner limited partnership partnership
partnership :: n. a business enterprise entered into for profit w ... partnership partner silent partner
party :: n. 1) one of the participants in a lawsuit or othe ... y real party in interest respondent
party of the first part :: n. reference in a written contract to identify one ... ies another party to the agreement.
patent infringement :: n. the manufacture and/or use of an invention or i ... not. See also: infringement patent
peremptory challenge :: n. the right of the plaintiff and the defendant in ... challenge for cause jury voir dire
petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing.
principal :: n. 1) main person in a business. 2) employer, the ... ry agency agent respondeat superior
private road :: n. a road or driveway on privately owned property, ... ng. See also: prescriptive easement
probate :: 1) n. the process of proving a will is valid and t ... e also: administrator executor will
process :: n. in law, the legal means by which a person is re ... service of process subpena summons
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
proof :: n. confirmation of a fact by evidence. In a trial, ... doubt preponderance of the evidence
property :: n. anything that is owned by a person or entity. P ... rty real property separate property
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
prostitution :: n. the profession of performing sexual acts for mo ... so: pander panderer pimp prostitute
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
public use :: n. the only purpose for which private property can ... e also: condemnation eminent domain
qui tam action :: : (kwee tam) n. from Latin for "who as well," a la ... technical violations and/or errors.
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
real party in interest :: n. the person or entity who will benefit from a la ... st is the beneficiary of the trust.
real property :: n. 1) all land, structures, firmly attached and in ... onal property real estate reversion
reasonable care :: n. the degree of caution and concern for the safet ... . See also: duty of care negligence
reasonable doubt :: n. not being sure of a criminal defendant's guilt ... also: preponderance of the evidence
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
reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease
receiver :: n. 1) a neutral person (often a professional trust ... owing they were obtained illegally.
res gestae :: (rayz jest-tie) n. from Latin for "things done," i ... n those circumstances are reliable.
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
respondeat superior :: (rehs-pond-dee-at superior) n. Latin for "let the ... : agency agent negligence principal
rights :: n. 1) plural of right, which is the collection of ... evidence. See also: Miranda warning
riot :: n. 1) technically a turbulent and violent disturba ... to unlawful possession of firearms.
roadside test :: n. a preliminary test law enforcement officers use ... g while intoxicated Miranda warning
robbery :: n. 1) the direct taking of property (including mon ... We've been robbed." See also: theft
scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
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
security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent
seduction :: n. the use of charm, salesmanship, promises, gifts ... ry breach of promise date rape rape
self-defense :: n. the use of reasonable force to protect oneself ... ndalism. See also: assault homicide
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service :: n. 1) paid work by another person, either by contr ... ersonal services service of process
service by publication :: n. serving a summons or other legal document in a ... perty. See also: service of process
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
shield laws :: n. statutes enacted in some states which declare t ... See also: privileged communication
slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment
sound mind and memory :: n. having an understanding of one's actions and re ... ee also: competent incompetent will
sounds in :: adj. referring to the underlying legal basis for a ... ause of action sounds in contract."
speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
standing :: n. the right to file a lawsuit or file a petition ... so: actual controversy jurisdiction
state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights
state of domicile :: n. the state in which a person has his/her permane ... orated. See also: domicile resident
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
straw man :: n. 1) a person to whom title to property or a busi ... a trail will mislead hunting dogs).
strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur
strike :: 1) v. to remove a statement from the record of the ... ing the business, factory or store.
subject to :: adj. referring to the acquisition of title to real ... : assumption deed of trust mortgage
subpena duces tecum :: : (suh-pea-nah dooh-chess-take-uhm or dooh-kess-ta ... ng a court order. See also: witness
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
substituted service :: n. accomplishing service (delivery) of legal docum ... ee also: service service of process
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
Supreme Court :: n. 1) the highest court in the United States, whic ... rt in other states. See also: court
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
theft :: n. the generic term for all crimes in which a pers ... rglary embezzlement larceny robbery
Thirty-day notice :: n. a notice by a landlord to a tenant on a month-t ... e also: landlord and tenant service
toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry.
tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death
tortfeasor :: n. a person who commits a tort (civil wrong), eith ... : joint tortfeasors negligence tort
trade name :: n. a name of a business or one of its products whi ... t is different. See also: trademark
transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent
trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime.
trial :: n. the examination of facts and law presided over ... at a hearing held at a later time.
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax.
vehicular manslaughter :: n. the crime of causing the death of a human being ... gence manslaughter reckless driving
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability
warrant :: 1) n. an order (writ) of a court which directs a l ... e search and seizure search warrant
waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents.
white collar crime :: n. a generic term for crimes involving commercial ... committed by "blue collar" workers.
will :: n. a written document which leaves the estate of t ... will and testament probate testator
wiretap :: n. using an electronic device to listen in on tele ... invasion of privacy probable cause
witness :: 1) n. a person who testifies under oath in a trial ... lso: deposition evidence trial will
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).

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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 - N

N.O.V. :: adj. shorthand acronym of Latin for non obstante v ... notwithstanding the verdict verdic
National Labor Relations Board :: n. an independent regulatory commission created in ... see union and organizing elections.
natural law :: n. 1) standards of conduct derived from traditiona ... eated by mankind through the state.
natural person :: n. a real human being, as distinguished from a cor ... ated at law as a fictitious person.
necessary :: adj., adv. 1) essen- tial. 2) less forcefully, it ... nient, useful or making good sense.
necessary inference :: n. 1) a conclusion militated by reason and logic a ... nown facts. 2) unavoidable meaning.
necessary party :: n. a person or entity whose interests will be affe ... o: indispensable party proper party
negative declaration :: n. a finding by a city council or other local gove ... so: EIR environmental impact report
negative pregnant :: n. a denial of an allegation in which a person act ... suse, just the amount and the date.
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
negligence per se :: (purr say) n. negligence due to the violation of a ... riving. See also: negligence per se
negligent :: adj., adv. careless in not fulfilling responsibili ... esponsibility. See also: negligence
negotiable instrument :: n. check, promissory note, bill of exchange, secur ... bearer paper bill of exchange check
negotiation :: n. 1) the transfer of a check, promissory note, bi ... te. See also: negotiable instrument
net :: : n., adj. the amount of money or value remaining ... or net estate. See also: net estate
net estate :: n. the remaining estate of a person who has died, ... alue. See also: estate tax gift tax
new matter :: n. newly claimed facts or legal issues raised (bro ... ee also: affirmative defense answer
next friend :: n. a person (often a relative) who voluntarily hel ... filed. See also: guardian ad litem
next of kin :: n. 1) the nearest blood relatives of a person who ... See also: descent and distribution
nihil :: (ni [as in it]-hill) n. from Latin for nothing. ... t]-hill) n. from Latin for nothing.