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Dictionary of Law |
Founded: 178 consortium :: n. 1) a group of separate businesses or business p ... oney terms is a difficult question. loss of consortium :: n. the inability of one's spouse to have normal ma ... ation. See also: consortium damages special damages :: n. damages claimed and/or awarded in a lawsuit whi ... . See also: damages general damages speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages consequential damages :: n. damages claimed and/or awarded in a lawsuit whi ... See also: damages foreseeable risk general damages :: n. monetary recovery (money won) in a lawsuit for ... s exemplary damages special damages exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages punitive damages :: n. (synony- mous with exemplary damages), damages ... t acts. See also: exemplary damages damages :: n. the amount of money which a plaintiff (the pers ... liquidated damages special damages treble damages :: n. tripling damages allowed by state statute in ce ... damage penalties. See also: damages compensatory damages :: n. damages recovered in payment for actual injury ... es punitive damages special damages mitigation of damages :: n. the requirement that someone injured by another ... he lease) to mitigate his/her loss. liquidated damages :: n. an amount of money agreed upon by both parties ... airness. See also: contract damages prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment private nuisance :: n. the interference with an individual's peaceful ... See also: nuisance public nuisance malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander plaintiff's attorney :: n. the attorney who represents a plaintiff (the su ... ee also: defense attorney plaintiff malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice plaintiff :: n. the party who initiates a lawsuit by filing a c ... lso: complaint defendant petitioner product liability :: n. the responsibility of manufacturers, distributo ... e known. See also: warrant warranty pray :: v. to formally request judicial judgment, relief a ... laint or petition. See also: prayer promise :: 1) n. a firm agreement to perform an act, refrain ... so: consideration contract covenant quiet enjoyment :: n. the right to enjoy and use premises (particular ... damages for it. See also: nuisance 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 loss of use :: n. the inability to use an automobile, premises or ... ding or premises. See also: damages make one whole :: v. to pay or award damages sufficient to put the p ... fault of another. See also: damages 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 pierce the corporate veil :: v. to prove that a corporation exists merely as a ... ling with it. See also: corporation physician-patient privilege :: n. the right and obligation of a physician to refu ... onfidential communication privilege pain and suffering :: n. the physical and mental distress suffered from ... l damages special damages suffering passenger :: n. a rider who has paid a fare on a train, bus, ai ... also: common carrier guest statute patent :: 1) adj. obvious. Used in such expressions as a "pa ... patent infringement patent pending out-of-pocket expenses :: n. moneys paid directly for necessary items by a c ... amages beyond normal wear and tear. ostensible agent :: n. a person who has been given the appearance of b ... rent authority ostensible authority 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 nuisance :: n. the unreasonable, unwarranted and/or unlawful u ... evening). See also: public nuisance peer review :: n. an examination and evaluation of the performanc ... claiming damages due to negligence. permanent disability :: n. an injury which impairs the physical and/or men ... t injury Workers' Compensation Acts petition :: 1) n. a formal written request to a court for an o ... dent. See also: divorce motion writ mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering no contest :: n. in criminal law, a defendant's plea in court th ... : nolo contendere plea plea bargain personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product. person :: n. 1) a human being. 2) a corporation treated as h ... amages. See also: corporation party reasonable reliance :: n. particularly in contracts, what a prudent perso ... the following:." See also: contract permanent injury :: n. physical or mental damage which will restrict t ... ges. See also: permanent disability malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions rescue doctrine :: n. the rule of law that if a rescuer of a person h ... to the car grill. See also: damages trade fixture :: n. a piece of equipment on or attached to the real ... uch damage. See also: fixture trade trade secret :: n. a process, method, plan, formula or other infor ... e invention. See also: patent trade trademark :: n. a distinctive design, picture, emblem, logo or ... ing trademark. See also: trade name transferred intent :: n. in both criminal and tort (civil wrong) law, wh ... hit upon Truehart. See also: intent tort :: n. from French for "wrong," a civil wrong or wrong ... nce slander trespass wrongful death toll :: v. 1) to delay, suspend or hold off the effect of ... bridge or take passage on a ferry. suffering :: n. the pain, hurt, inconvenience, embarrassment an ... njury negligence pain and suffering title insurance :: n. a policy issued by an insurance company guarant ... : chain of title title title search title report :: n. the written analysis of the status of title to ... lso: abstract title title insurance trespass :: n. entering another person's property without perm ... for an illegal purpose is a crime. unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract whiplash :: n. a common neck and/or back injury suffered in au ... r damages due to negligent driving. 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). wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit. waste :: n. 1) any damage to real property by a tenant whic ... ch may include poisonous effluents. vicarious liability :: n. sometimes called "imputed liability," attachmen ... r or policeman. See also: liability unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business. uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages. unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice subrogor :: n. a person or entity that transfers his/her/its l ... ges. See also: subrogation subrogee subrogee :: n. the person or entity that assumes the legal rig ... aid. See also: subrogation subrogor reversal :: n. the decision of a court of appeal ruling that t ... e of damages is ordered to dismiss. right to privacy :: n. the possible right to be let alone, in absence ... e also: invasion of privacy privacy rule :: 1) v. to decide a legal question, by a court, as i ... ee also: regulations rules of court scope of employment :: n. actions of an employee which further the busine ... ter and servant respondeat superior retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel respondent :: n. 1) the party who is required to answer a petiti ... "appellant") in the appeals court. recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment rental value :: n. the amount which would be paid for rental of si ... alimony to be paid. See also: rent loss of bargain :: n. the inability to complete a sale or other busin ... ned in a lawsuit. See also: damages security deposit :: n. a payment required by a landlord from a tenant ... lso: landlord and tenant lease rent setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset state action :: n. in federal Civil Rights Acts, dating back to 18 ... for damages. See also: civil rights strict liability :: n. automatic responsibility (without having to pro ... bility negligence res ipsa loquitur subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict severance :: n. 1) a separating by court order, such as separat ... le a potential claim for discharge. slander :: n. oral defamation, in which someone tells one or ... . See also: defamation fair comment speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer reasonable wear and tear :: n. commonly used in leases to limit the tenant's r ... ble wear and tear." See also: lease lien :: n. any official claim or charge against property o ... ord's lien mechanic's lien mortgage conspiracy :: n. when people work together by agreement to commi ... d conspiracy. See also: conspirator contributory negligence :: n. a doctrine of common law that if a person was i ... : comparative negligence negligence 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 confession of judgment :: n. a written agreement in which the defendant in a ... rms are fulfilled by the defendant. conclusion of law :: n. a judge's final decision on a question of law w ... aw if requested. See also: judgment 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 compromise verdict :: n. a decision made by a jury in which the jurors s ... ning the verdict. See also: verdict cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done. counterclaim :: n. a retaliatory claim by a defendant against a pl ... d. See also: answer cross-complaint default judgment :: n. if a defendant in a lawsuit fails to respond to ... See also: complaint default summons defense attorney :: n. 1) the attorney representing the defendant in a ... lso: defendant plaintiff's attorney demonstrative evidence :: n. actual objects, pictures, models and other devi ... the trial judge. See also: evidence direct and proximate cause :: n. the immediate reason damage was caused by an ac ... so: cause complaint proximate cause defamation :: n. the act of making untrue statements about anoth ... comment libel public figure slander declaratory judgment :: n. a judgment of a court which determines the righ ... ys it. See also: declaratory relief court of equity :: n. originally in English common law and in several ... also: chancery court of law equity court of law :: n. any tribunal within a judicial system. Under En ... aw. See also: chancery court equity cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons class action :: n. a lawsuit filed by one or more people on behalf ... ees usually require court approval. claim against a governmental agency :: n. any time one believes he/she has a right to pay ... orter than other types of lawsuits. assault :: 1) v. the threat or attempt to strike another, whe ... ult, including for mental distress. assault and battery :: n. the combination of the two crimes of threat (as ... damages. See also: assault battery attachment :: n. the seizing of money or property prior to getti ... bond. See also: writ of attachment bait and switch :: n. a dishonest sales practice in which a business ... rants the costs of a separate suit. arguendo :: prep. Latin meaning "for the sake of argument," us ... rs most commonly in appeals briefs. adjuster :: n. an employee (usually a non-lawyer) of an insura ... e company in approving settlements. marital rights :: n. an old-fashioned expression for the rights of a ... also: consortium loss of consortium service :: n. 1) paid work by another person, either by contr ... ersonal services service of process ad litem :: adj. legal Latin meaning "for the purposes of the ... of age. See also: guardian ad litem basis :: n. the original cost of an asset to be used to det ... ssistance. See also: adjusted basis bifurcate :: v. the order or ruling of a judge that one issue i ... is necessary. See also: bifurcation chancellor :: n. from the old English legal system, a chancellor ... n the same courts. See also: equity civil liability :: n. potential responsibility for payment of damages ... ans open to punishment for a crime. claim :: 1) v. to make a demand for money, for property, or ... the government, it is lawsuit time. cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit careless :: adj., adv. 1) negligent. 2) the opposite of carefu ... See also: care negligence negligent breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance breach of promise :: n. historically, the dumping of a female fiancee b ... d no longer exist. See also: breach care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless discrimination :: n. unequal treatment of persons, for a reason whic ... qual rights. See also: civil rights disfigure :: v. to cause permanent change in a person's body, p ... . See also: damages general damages joint tortfeasors :: n. two or more persons whose negligence in a singl ... : comparative negligence negligence Jones Act :: n., adj. a federal law which covers injuries to cr ... ." See also: admiralty maritime law just compensation :: n. 1) in general a fair and reasonable amount of m ... ation make one whole quantum meruit landlord's lien :: n. the right of a landlord to sell abandoned perso ... to the ex-tenant and a public sale. joint liability :: n. when two or more persons are both responsible f ... See also: joinder joint and several joint enterprise :: n. a generic term for an activity of two or more p ... liability joint venture partnership invasion of privacy :: n. the intrusion into the personal life of another ... randeis. See also: right to privacy inverse condemnation :: n. the taking of property by a government agency w ... e also: condemnation eminent domain joint and several :: adj. referring to a debt or a judgment for neglige ... ution contributory negligence joint last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence legal age :: n. the age at which a person is responsible for hi ... so: infancy juvenile court minority libel per se :: n. broadcast or written publication of a false sta ... See also: defamation libel slander limited liability :: n. the maximum amount a person participating in a ... ted damages partnership shareholder long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant. libel :: 1) n. to publish in print (including pictures), wr ... libel per se public figure slander liable :: adj. responsible or obligated. Thus, a person or e ... al prosecution. See also: liability legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care lemon law :: n. statutes adopted in some states to make it easi ... still trying" to make it run right. liability :: n. one of the most significant words in the field ... bility joint tortfeasors negligence intrinsic fraud :: n. an intentionally false representation (lie) whi ... ts. See also: extrinsic fraud fraud intervening cause :: n. an event which occurs between the original impr ... cause negligence superseding cause equitable :: adj. 1) just, based on fairness and not legal tech ... es or give relief. See also: equity false arrest :: n. physically detaining someone without the legal ... sment. See also: false imprisonment false imprisonment :: n. depriving someone of freedom of movement by hol ... for damages. See also: false arrest family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission. employee :: n. a person who is hired for a wage, salary, fee o ... ondeat superior scope of employment emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care earnest payment :: n. a deposit paid to demonstrate commitment and to ... (liquidated) or committed damages. election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented. Federal Tort Claims Act :: n. a statute (1948) which removed the power of the ... diction to federal district courts. foreseeability :: n. reasonable anticipation of the possible results ... e also: foreseeable risk negligence 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 installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration infringement :: n. 1) a trespassing or illegal entering. 2) in the ... patent plagiarism royalty trademark in pari delicto :: adv. (in pah-ree dee-lick-toe) Latin for "in equal ... e proof is that both were involved. fraud :: n. the intentional use of deceit, a trick or some ... audulent conveyance intrinsic fraud frustration of purpose :: n. sometimes called commercial frustration, when u ... n. See also: commercial frustration gross negligence :: n. carelessness which is in reckless disregard for ... damages negligence punitive damages loss :: n. 1) the value placed on injury or damages due to ... t and the income. See also: damages |