liability :: legal definition

Related Law Terms

abeyance :: 1) n. when the owner- ship of property has not bee ... 2) legal jargon for "undetermined."
abuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.
accrue :: v. 1) growing or adding to, such as interest on a ... the contract (anticipatory breach).
act of God :: n. a natural catastrophe which no one can prevent ... atural event. God knows the answer!
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.
agency :: n. the relationship of a person (called the agent) ... ondeat superior scope of employment
agreement :: 1) n. any meeting of the minds, even without legal ... specific terms. See also: contract
alimony :: n. support paid by one ex-spouse to the other as o ... ild support divorce spousal support
answer :: n. in law, a written pleading filed by a defendant ... emurrer general denial verification
anticipatory breach :: n. when a party to a contract repudiates (reneges ... perform. See also: breach contract
apparent authority :: n. the appearance of being the agent of another (e ... e also: agency ostensible authority
appeal :: 1) v. to ask a higher court to reverse the decisio ... ng, as in "he has filed an appeal."
arrest :: v. 1) to take or hold a suspected criminal with le ... anda warning probable cause warrant
assign :: 1) v. to transfer to another person any asset such ... en shows up in contracts and wills.
at will employment :: n. a provision found in many employment contracts ... ons. See also: wrongful termination
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's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case.
attractive nuisance doctrine :: n. a legal doctrine which makes a person negligent ... ch make negligence harder to prove.
bad faith :: 1) n. intentional dishonest act by not fulfilling ... ean hands doctrine fraud good faith
bailiff :: n. 1) a court official, usually a deputy sheriff, ... isdictional territory of a bailiff.
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
benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault.
bill of particulars :: n. a written itemization of claims which a defenda ... the factual bases for the charges.
Bill of Rights :: n. the first ten amendments to the federal Constit ... ved to the states or to the people.
breach :: 1) n. literally, a break. A breach may be a failur ... breach of trust breach of warranty
breach of contract :: n. failing to perform any term of a contract, writ ... breach breach specific performance
breach of the peace :: n. any act which disturbs the public or even one p ... g inappropriately. See also: breach
burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence
but for rule :: n. one of several tests to determine if a defendan ... e damage. See also: proximate cause
care :: n. in law, to be attentive, prudent and vigilant. ... she is involved. See also: careless
cause of action :: n. the basis of a lawsuit founded on legal grounds ... property. See also: element lawsuit
cease and desist order :: n. an order of a court or government agency to a p ... ing which would damage the ecology.
challenge :: n. the right of each attorney in a jury trial to r ... ess. See also: peremptory challenge
challenge for cause :: n. a request that a prospective juror be dismissed ... remptory challenge venire voir dire
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.
clean hands doctrine :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense
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
confession and avoidance :: n. when a defendant admits the allegations in a co ... tries to avoid their legal impact.
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
consumer protection laws :: n. almost all states and the federal government ha ... rranty product liability securities
contempt of court :: n. there are essentially two types of contempt: a) ... roduce evidence. See also: sanction
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
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
cost of completion :: n. the amount of money (damages) required to compl ... d on percentage of work to be done.
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
cross-complaint :: n. after a complaint has been filed against a defe ... g prayer service of process summons
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
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
demurrer :: n. (dee-muhr-ur) a written response to a complaint ... demurrer. See also: motion pleading
denial :: n. a statement in the defendant's answer to a comp ... ative defense answer general denial
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
dismissal :: n. 1) the act of voluntarily terminating a crimina ... f the settlement. See also: dismiss
duty of care :: n. a requirement that a person act toward others a ... e also: negligence standard of care
election of remedies :: n. an outmoded requirement that if a plaintiff (pa ... dence has not been fully presented.
element :: n. 1) an essential requirement to a cause of actio ... of action crime general plan zoning
emotional distress :: n. an increasingly popular basis for a claim of da ... ar value upon it. See also: damages
endorsement :: (indorsement)n. 1) the act of the owner or payee s ... te. See also: negotiable instrument
estoppel :: n. a bar or impediment (obstruction) which preclud ... pel equitable estoppel estop laches
excessive bail :: n. an amount of bail ordered posted by an accused ... ppeal for reduction. See also: bail
excusable neglect :: n. a legitimate excuse for the failure of a party ... See also: default default judgment
execute :: v. 1) to finish, complete or perform as required, ... ishment contract executed execution
executed :: 1) adj. to have been completed. (Example: "it is a ... a death sentence. See also: execute
exemplary damages :: n. often called punitive damages, these are damage ... See also: damages punitive damages
fair comment :: n. a statement of opinion (no matter how ludicrous ... amation libel public figure slander
family purpose doctrine :: n. a rule of law that the registered owner of an a ... riving his/her car with permission.
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
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
friendly suit :: n. a lawsuit filed in order to obtain a court orde ... eement in which there was an error.
frivolous :: adj. referring to a legal move in a lawsuit clearl ... ing the courts to resolve disputes.
general appearance :: n. an attorney's representation of a client in cou ... case. See also: special appearance
general denial :: n. a statement in an answer to a lawsuit or claim ... anguage. See also: answer complaint
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.
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
in personam :: adj. (in purr-soh-nam) from Latin for "directed to ... here. See also: in rem jurisdiction
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
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
installment contract :: n. an agreement in which payments of money, delive ... n contract failure of consideration
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
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
jump bail :: v. to fail to appear for a court appearance after ... also: bail bail bond bail bondsman
jurisdiction :: n. the authority given by law to a court to try ca ... Superior Court Supreme Court venue
laches :: n. the legal doctrine that a legal right or claim ... , breach of contract, fraud, etc.).
last clear chance :: n. a rule of law in determining responsibility for ... contributory negligence negligence
lateral support :: n. the right of a land- owner to assurance that hi ... support problems are less dramatic.
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
legal aid society :: n. an organization formed to assist persons who ha ... bar association. See also: pro bono
legal duty :: n. the responsibility to others to act according t ... al injuries. See also: duty of care
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
litigious :: adj. referring to a person who constantly brings o ... e called "professional plaintiffs."
long-arm statute :: n. law which gives a local state court jurisdictio ... rt jurisdiction over the defendant.
maker :: n. 1) the person who signs a check or promissory n ... : check payee payor promissory note
malice :: n. a conscious, intentional wrongdoing either of a ... cution murder public figure slander
malicious prosecution :: n. filing a lawsuit with the intention of creating ... vor of the victim. See also: malice
malpractice :: n. An act or continuing conduct of a professional ... eed. See also: errors and omissions
mechanic's lien :: n. the right of a craftsman, laborer, supplier, ar ... ll sue for the debt. See also: lien
mental anguish :: n. mental suffering which includes fright, feeling ... See also: damages mental suffering
Miranda warning :: n. the requirement, also called the Miranda rule, ... me such a suspect? See also: rights
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
motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion
murder :: n. the killing of a human being by a sane person, ... premeditation second degree murder
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
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
nominal damages :: n. a small amount of money awarded to a plaintiff ... had been damaged. See also: damages
nominee :: n. 1) a person or entity who is requested or named ... ic office. See also: agent executor
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
nunc pro tunc :: (nuhnk proh tuhnk) adj. Latin for "now for then," ... r actuality of a bigamous marriage.
obscene :: adj., adv. a highly subjective reference to materi ... en I see it." See also: pornography
offset :: 1) n. also called a "setoff," the deduction by a d ... e also: counterclaim defense setoff
omission :: n. 1) failure to perform an act agreed to, where t ... of contract negligence reformation
order :: 1) n. every direction or mandate of a judge or a c ... defendant. See also: judge judgment
order to show cause :: n. a judge's written mandate that a party appear i ... vernmental agency. See also: O.S.C.
own recognizance :: (O.R.) n. the basis for a judge allowing a person ... n recognizance. See also: bail O.R.
partial breach :: n. the failure to meet a term of a contract which ... g in the missing or expected items.
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
peace bond :: n. a bond required as part of a court order to gua ... ee also: injunction stay away order
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
personal services :: n. in contract law, the talents of a person which ... his/her unique ability and product.
plea :: n. 1) in criminal law, the response by an accused ... raignment plead preliminary hearing
pleading :: n. 1) every legal document filed in a lawsuit, pet ... nswer complaint demurrer plea plead
prayer :: n. the specific request for judgment, relief and/o ... ee also: complaint default judgment
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
promissory estoppel :: n. a false statement treated as a promise by a cou ... lue of his work. See also: estoppel
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
proper party :: n. a person or entity who has an interest (financi ... lf. See also: necessary party party
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
quantum meruit :: : (kwahn-tuhm mare-ooh-it) n. Latin for "as much a ... uit by implying a contract existed.
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
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
recoupment :: n. the right of a defendant in a lawsuit to demand ... ter, including outside the lawsuit.
recoverable :: adj. referring to the amount of money to which a p ... ehicle." See also: damages judgment
remedy :: n. the means to achieve justice in any matter in w ... gment provisional remedy settlement
remittitur :: n. 1) a judge's order reducing a judgment awarded ... party on appeal). See also: remand
repudiation :: n. denial of the existence of a contract and/or re ... also: anticipatory breach contract
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
retraction :: n. 1) to withdraw any legal document in a lawsuit ... igation. See also: defamation libel
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
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 of process :: n. the delivery of copies of legal documents such ... by publication substituted service
setoff :: (offset) n. a claim by a defendant in a lawsuit th ... ee also: affirmative defense offset
severable contract :: n. an agreement which is made up of several separa ... e also: breach of contract contract
several liability :: n. referring to responsibility of one party for th ... n joint and several promissory note
show cause order :: n. an order of the court, also called an order to ... hild. See also: order to show cause
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
specific finding :: n. a decision on a fact made by a jury in its verd ... so forth. See also: special verdict
specific performance :: n. the right of a party to a contract to demand th ... artwork. See also: contract prayer
speculative damages :: n. possible financial loss or expenses claimed by ... future customers. See also: damages
standard of care :: n. the watchfulness, attention, caution and pruden ... of care foreseeable risk negligence
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.
subrogation :: n. assuming the legal rights of a person for whom ... also: negligence subrogee subrogor
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
summons :: n. a document issued by the court at the time a la ... use service service of process writ
superseding cause :: n. the same as an "intervening cause" or "superven ... : intervening cause proximate cause
tenancy in common :: n. title to property (usually real property, but i ... on. See also: joint tenancy tenancy
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
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.
unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense
unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract
unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance
unlawful detainer :: n. 1) keeping possession of real property without ... Thirty-day notice three-day notice
venue :: n. 1) the proper or most convenient location for t ... ion. See also: forum non conveniens
vexatious litigation :: n. filing a lawsuit with the knowledge that it has ... lous malicious prosecution sanction
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.
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).
wrongful termination :: n. a right of an employee to sue his/her employer ... ing an employee's grounds for suit.

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.