Dictionary of Law
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comparative negligence :: legal definition


Comparative negligence - n. a rule of law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident. For a simple example, Eddie Leadfoot, the driver of one automobile, is speeding and Rudy Airhead, the driver of an oncoming car, has failed to signal and starts to turn left, incorrectly judging Leadfoot's speed. A crash ensues in which Airhead is hurt. Airhead's damage recovery will be reduced by the percentage his failure to judge Leadfoot's speed contributed to or caused the accident. Most cases are not as simple, and the formulas to figure out, attribute and compare negligence often make assessment of damages problematic, difficult, and possibly totally subjective. Not all states use comparative negligence (California is a fairly recent convert), and some states still use contributory negligence which denies recovery to any party whose negligence has added to the cause of the accident in any way. Contributory negligence is often so unfair that juries tend to ignore it.

See also: contributory negligence damages negligence and Related Law Terms ↓


Related Law Terms

administrator :: n. the person appointed by the court to handle the ... e also: administer executor probate
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."
arbitrator :: n. one who conducts an arbitration, and serves as ... he other two. See also: arbitration
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
bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation
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
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
case of first impression :: n. a case in which a question of interpretation of ... rts may be examined as a guideline.
case system :: n. the method of studying law generally used in Am ... Langdell and soon became standard.
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
child custody :: n. a court's determination of which parent, relati ... pport custody divorce joint custody
citation :: n. 1) a notice to appear in court due to the proba ... se is not in point." See also: cite
civil :: adj. 1) that part of the law that encompasses busi ... also: civil liberties civil rights
comity :: n. when one court defers to the jurisdiction of an ... of cases to which comity may apply.
community property :: n. property and profits received by a husband and ... and distribution separate property
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
conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator
contingent fee :: n. a fee to a lawyer which will be due and payable ... epend on the outcome are unethical.
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
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
counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint
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
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
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.
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause
directed verdict :: n. a verdict by a jury based on the specific direc ... element judgment jury trial verdict
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
divorce :: 1) n. the termination of a marriage by legal actio ... y separate property spousal support
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.
eminent domain :: n. the power of a governmental entity (federal, st ... ngs. See also: condemn condemnation
ex parte :: (ex par-tay, but popularly, ex party) adj. Latin m ... and place of any ex parte hearing.
extradition :: n. the surrender by one state or country of a pers ... ty. See also: fugitive from justice
fee simple :: n. absolute title to land, free of any other claim ... e:" or similar words. See also: fee
fictitious defendants :: n. when a party suing (plaintiff) is not sure if h ... are not permitted in federal cases.
final settlement :: n. an agreement reached by the parties to a lawsui ... rneys present. See also: settlement
foreclosure :: n. the system by which a party who has loaned mone ... ced sale mortgage notice of default
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
gag order :: n. a judge's order prohibiting the attorneys and t ... st day in office, January 22, 1993.
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
guardian :: n. a person who has been appointed by a judge to t ... torship. See also: conservator ward
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
indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing
information :: n. an accusation or criminal charge brought by the ... Jury indictment preliminary hearing
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
insurance :: n. a contract (insurance policy) in which the insu ... t clause Workers' Compensation Acts
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
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
judge :: 1) n. an official with the authority and responsib ... ice justice of the peace magistrate
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
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
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
liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages
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 use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages
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
mediation :: n. the attempt to settle a legal dispute through a ... a settlement. See also: arbitration
misjoinder :: n. the inclusion of parties (plaintiffs or defenda ... ent transactions. See also: joinder
mortgage :: n. a document in which the owner pledges his/her/i ... losure notice of default trust deed
motion for a new trial :: n. a request made by the loser for the case to be ... hstanding the verdict motion N.O.V.
motion for a summary judgment :: n. a written request for a judgment in the moving ... strict procedures. See also: motion
municipal court :: n. a lower court which usually tries criminal misd ... nd/or small claims. See also: court
negligence :: n. failure to exercise the care toward others whic ... gence per se res ipsa loquitur tort
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
not guilty :: n. 1) plea of a person who claims not to have comm ... t guilty by reason of insanity plea
nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance
on the merits :: adj. referring to a judgment, decision or ruling o ... s if this mistake had not occurred.
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
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
petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ
petty larceny :: n. a term used in many states for theft of a small ... emeanor in charging and sentencing.
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
proximate cause :: n. a happening which results in an event, particul ... also: intervening cause negligence
public easement :: n. the right of the general public to use certain ... lso: easement prescriptive easement
rape :: 1) n. the crime of sexual intercourse (with actual ... See also: date rape statutory rape
reasonable speed :: n. the speed of an automobile determined to be low ... e speed limit. See also: negligence
recuse :: v. to refuse to be a judge (or for a judge to agre ... to the defendant. See also: recusal
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
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
rogatory letters :: n. a written request by a judge to a judge in anot ... also: deposition testimony witness
sanction :: n. 1) a financial penalty imposed by a judge on a ... ction." See also: contempt of court
seal :: n. a device which creates an impression upon paper ... e "sealed," but that is rare today.
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
sentence :: 1) n. the punishment given to a person convicted o ... ence restitution suspended sentence
service of process :: n. the delivery of copies of legal documents such ... by publication substituted service
short cause :: n. a lawsuit which is estimated by the parties (us ... l be reset later as a "long cause."
special circumstances :: n. in criminal cases, particularly homicides, acti ... urant. See also: capital punishment
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
spousal support :: n. payment for support of an ex-spouse (or a spous ... but two. See also: alimony divorce
statute of limitations :: n. a law which sets the maximum period which one c ... ies. See also: demurrer laches toll
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.
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
supra :: (sooh-prah) Latin for "above," in legal briefs and ... d as Guinn v. United States, supra.
tax :: n. a governmental assessment (charge) upon propert ... unified estate and gift tax use tax
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
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.
use tax :: n. a state tax on goods purchased in another state ... e" tax equivalent to its sales tax.
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
voir dire :: (vwahr [with a near-silent "r"] deer) n. from Fren ... t witness jury peremptory challenge
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 Searches

legal 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 - C

C.I.F. :: n. the total of cost, insurance and freight charge ... aid on goods purchased and shipped.
calendar :: 1) n. the list of cases to be called for trial bef ... clerk of the court calendars cases.
calendar call :: n. the hearing at which a case is set for trial. ... g at which a case is set for trial.
call :: n. the demand by a corporation that a stockholder ... assessment on shares already owned.
calumny :: n. the intentional and generally vicious false acc ... 's reputation. See also: defamation
cancel :: v. to cross out, annul, destroy, void and/or resci ... g, so that it cannot be used again.
cancellation :: cancel ... cancel
caning :: n. a punishment for crimes employed in certain Asi ... last century in the United States.
canon law :: n. laws and regulations over ecclesiastical (churc ... nduct with no religious connection.
cap :: n. slang for maximum, as the most interest that ca ... "adjustable rate" promissory note.
capital :: 1) n. from Latin for caput, meaning "head," the ba ... count capital assets stock in trade
capital account :: n. the record which lists all basic assets of a bu ... or the alleged value of good will.
capital assets :: n. equipment, property, and funds owned by a busin ... . See also: capital capital account
capital expenditure :: n. payment by a business for basic assets such as ... y intended to improve productivity.
capital gains :: n. the difference between the sales price and the ... so: basis delayed exchange exchange
capital investment :: capital expenditure ... capital expenditure
capital offense :: n. any criminal charge which is punishable by the ... . See also: bail capital punishment
capital punishment :: n. execution (death) for a capital offense. The U. ... or death. See also: capital offense
capital stock :: n. the original amount paid by investors into a co ... price. See also: corporation stock
capitalization :: n. 1) the act of counting anticipated earnings and ... for conversion into capital assets.