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Law Dictionary of Legal Terms

Definitions of hundreds of legal terms, from civil to criminal:

A
Acceptance.
Under contract law, a promise to be bound by the terms of an “offer.” If there has been an “offer,” “acceptance,” and “consideration,” an agreement or contract generally exists.
Actus Reas.
The physical component of a crime (e.g., firing a gun), while mens rea represents the mental state to commit a crime (e.g., intent to kill).
Adhesion Contract.
A standardized contract offered to consumers that leaves no realistic opportunity for negotiation other than to “take it or leave it.”
Administrative Law.
The body of law created for administrative agencies through rules, regulations, orders, and decisions.
Adjuster.
A representative of an insurance company who investigates claims and decides whether to settle a claim and, if so, for how much.
Administrator of Estate.
A person appointed by the court to manage the assets and/or liabilities of a deceased person.
Admission.
A statement by a party to a lawsuit (or sometimes an agent of the party) about the existence of one or more facts.
Adverse Possession.
The method of acquiring title to land by opening and continuously occupying the land over a given period, as determined by statute.
Affidavit.
A voluntary written statement of certain facts, taken under penalty of perjury, and notarized before a person with the authority to administer the oath.
Affirmative Defense.
A matter asserted by a defendant in a lawsuit where, even if the allegations in the complaint are true, there is a defense to all or part of the suit.
Age Discrimination in Employment Act (ADEA).
A federal statute prohibiting unfair and discriminatory treatment in employment based on a persons age, where the person is age 40 or older.
Agency.
A legal relationship between two persons, where one person, the agent, may act on behalf of the other, the principal, such that it binds the principal.
Alimony.
Also called maintenance, the financial assistance a spouse (or former spouse) must provide to their current (or former spouse) on a temporary or permanent basis as a result of separation or divorce. Alimony is usually provided by a husband or former husband, but not always.
American Rule.
Under the traditional “American Rule,” no attorney fees are awarded to the winning party unless authorized by statute or contract; however, there are exceptions such as where the party bringing the lawsuit acted in bad-faith.
American’s with Disability Act (ADA).
A federal statue which generally prohibits discrimination based on a person’s disability. The act includes a prohibition against discrimination by an employer, in certain situations, based on an employees disability where the reasonable accommodations would permit the employee to perform the essential functions of the job.
Ambiguity.
Uncertainty over the meaning of a word or phrase which, under contract law, may impact the interpretation of an agreement.
Answer.
The written response filed by a defendant to the plaintiff’s complaint.
Appeal.
A request by a party to a higher court of law, contending the lower court committed an error which must be corrected or reversed.
Arbitration.
A system of dispute resolution where a neutral, third-party, renders a decision after hearing from both parties. Arbitration can be binding or non-binding.
Arraignment.
A criminal procedure where the accused is brought into court, the indictment or information is read, and the accused is asked to plead guilty, not guilty, or no lo contendere.
Arrest.
Where authority is authorized, taking a person into custody for the purpose of detaining him or her to answer a criminal charge or civil demand.
Assault.
A willful attempt or threat to inflict injury on another, where it is apparent there is an ability to inflict such injury, and where there is an intentional display of force that gives the victim reason to fear or expect bodily harm.
As is.
In the sale of goods, this implies the seller is making no warranty as to the quality or condition of an item and the buyer must accept this risk.
Attorney.
Within the United States, a person licensed to practice law in one or more states. Functions of an attorney include drafting legal documents, giving legal advice, and representing people and entities in a court of law.
Attorney client privilege.
This privilege protects communications between an attorney and client made for the purpose of furnishing or obtaining professional legal advice. There are a few exceptions to this privilege including matters involving the commission of future criminal acts.
Autopsy.
The dissection of a human body for the purpose of determining the cause of death.
Award.
A decision rendered by the trier of fact, usually a judge or jury, after hearing a controversy. An award is generally a monetary amount.


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Bad Faith
Connotes a conscious wrong doing because of a dishonest purpose rather than an innocent mistake. Under insurance law, bad-faith is a frivolous or dishonest refusal to pay the proceeds of a policy which, if proven, may require the insurance company to pay more than the policy amount.
Bail.
A monetary amount set by a judge allowing for the conditional release of the accused. If the accused is unable to make bail, the accused must remain in custody pending further proceedings.
Bailiff.
A court officer in charge of keeping order in the court room, custody of the jury, and custody of any prisoners while in court.
Battery.
Intentional physical contact with a person without his or her consent involving injury or offensive touching. The offer to use force to injure another is assault. Therefore, battery always includes assault.
Bench Trial.
A trial without a jury where the judge is the trier of fact.
Bench Warrant.
Where a judge issues an attachment or arrest of a person for acting in contempt of court, disobeying a subpoena to appear in court, or where an indictment has been found.
Beyond a Reasonable Doubt.
The burden of proof in a criminal case, where the trier of fact concludes the defendant’s guilt is free of reasonable doubt. In a civil case, the burden of proof is lower, requiring guilt by a preponderance of the evidence (ie., any amount above fifty percent).
Bill.
In the legislature, a bill is a draft of proposed law before it is enacted by a vote of the legislature.
Bill of Rights.
The first ten Amendments to the United States Constitution governing individual rights, freedoms, and protections.
Bodily Injury
(See Personal Injury).
Bond
(See Posting Bond).
Breach of Contract.
The failure to comply with one or more terms of a contract, without legal excuse.
Breach of Warranty.
Under the Uniform Commercial Code, which governs the sale of goods, a violation of either an express or implied warranty relating to a good.
Bribery.
Offering, giving, receiving, or soliciting of something of value with the intent of influencing a public official.
Burden of Proof.
The required level of belief that must be demonstrated to the trier of fact through evidence as to the existence or non existence of a fact. In a criminal case, the burden of proof is guilt beyond a reasonable doubt. In a civil action, the burden of proof is guilty by a preponderance of the evidence (ie., any degree of belief beyond fifty percent).
Burglary.
Breaking and entering the dwelling of another with the intent to commit a crime therein.


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Caps on Damages.
A arbitrary limit on certain damages that can be recovered, regardless of the defendant’s misconduct and regardless of the plaintiff’s particular injury. For more information on this topic, click here.
Case.
A general term for a lawsuit involving a dispute between two or more parties.
Case Law.
An aggregate body of reported cases written by judges, as distinct from statutes and other sources of law. However, case law can involve interpretation of statutes, regulations and constitutional provisions.
Caveat Emptor.
Let the “buyer beware.” This maxim summarizes the general rule that a buyer must examine, judge and test the item or service for themselves.
Causation
(See Proximate Cause).
Cause in Fact.
Often referred to as the “but for” test, the plaintiff must prove the injury complained of would not have occurred but for the defendant’s conduct.
Challenge for Cause.
A request by a party that a prospective juror be excused from the jury pool because of a specific reason (e.g., unfair bias).
Chancery Court.
A type of court which governs equity matters.
Charge.
In a criminal case, the specific crime the defendant is accused of committing.
Child Abuse.
Any form of cruelty to a child, which includes not only physical cruelty but mental cruelty.
Child Support.
The legal obligation a parent has to contribute to the economic maintenance of their child, which is paid by one parent to the other.
Choice of Law.
A question which can arise concerning which law will govern a particular dispute.
Circumstantial Evidence.
Evidence which requires deductions or inferences from certain proven facts, as opposed to evidence based on direct knowledge or observation. (Example: if there was no snow on the ground when you went to bed and there was snow on the ground the next morning when you woke up, you may infer, circumstantially, it had snowed. Direct evidence would be if you saw it snow.)
Citizen.
A person who is recognized under the laws of the United States as being a member of the community. All persons born or naturalized in the U.S. are citizens of the U.S. and the state in which they reside.
Citizenship.
The status of being a citizen. In the United States, there are four ways to gain citizenship: by birth in the United States, by birth in the U.S. territories, by birth outside the U.S. to U.S. parents, and by naturalization.
Civil Action.
All legal actions which seek to correct a wrong or enforce private right, excluding criminal proceedings.
Civil Law.
The body of law governing civil or private disputes, rights, and remedies, as distinct from criminal law.
Civil Procedure.
The body of law governing the methods and practices used in civil litigation.
Civil Liberties.
Personal, natural rights which are guaranteed and protected by the United States Constitution. These liberties include freedom of speech, freedom of religion, and freedom from discrimination.
Civil Rights
(See Civil Liberties).
Civil Suit
(See Civil Action).
Claim.
In the insurance setting, a claim is a demand for money or property as of right by a claimant.
Class Action.
A type of suit brought on behalf of (or against) a group of persons or entities with certain characteristics in common. The purpose of a class action suit is to efficiently and fairly resolve a group of common disputes in one proceeding.
Closing Argument.
The final statements made by an attorney to a jury or judge, summarizing what the attorney believes the evidence has shown.
Collateral Estoppel.
A prohibition against re-litigating an issue which has already been tried between the same parties (or their privies).
Collateral Source Rule.
If an injured party receives compensation, the amount cannot be reduced under this rule because the party received compensation from a third source independent from the wrongdoer. Thus, an award which includes compensation for prior medical expenses cannot be reduced if all or part of the injured party’s medical bills were paid for by health insurance. However, the health insurance company may have a right of “subrogation” (or reimbursement) from the injured party for monies the injured party received from the wrongdoer.
Collusion.
An agreement between two or more person to defraud another.
Commercial Law.
A body of law that governs transactions, relations and rights between persons and/or entities engaged in the exchange of goods or services.
Common Law.
The body of law which is derived through judicial decisions, as distinct from statutes which are derived from the legislature. However, some common law decisions includes the judicial interpretation of certain statutes or Constitutional provisions.
Comparative Negligence.
Even though a defendant is found negligent, their damages may be reduced in proportion to the percentage of fault, if any, attributed to the plaintiff for their own injury. In some states, a plaintiff cannot recover any damages if their own percentage of fault is greater than fifty percent.
Compensation.
Payment by one to another. In the context of monetary damages, compensation is intended to make the plaintiff whole or return them to the same position they were before the wrongful conduct against them. In reality, money damages cannot fully restore a person in every situation but it is the only remedy available under the law.
Complaint.
Initial document that is filed (at the courthouse) which commences a lawsuit.
Confidential Communications.
Communications which are considered privileged and not for publication. Examples of privileged communications include those between attorney and client, physician and patient, and between two spouses. Confidential communications can be subject to exception and waiver.
Conflict of Interest.
An ethical problem which may develop which creates potentially competing interests. When a conflict of interest arises, full disclosure is required and withdrawal may be necessary.
Conflict of Law
(See Choice of Law)
Consideration.
An element of contract law which, in effect, requires the parties to a contract give up something of value to receive something of value.
Conspiracy.
A pact or agreement between two or more persons for the purpose of committing criminal activity (or where otherwise lawful behavior becomes unlawful when done through the concerted action of conspirators).
Constitution.
The fundamental law of a nation or state which establishes the foundation and principles for governance. In the United States, the Constitution is a written instrument which sets forth the limitations of how the government can act.
Constitutional Law.
The area of law concerned with how the various branches of government interact, the relationship between the government and the people, and how the government may carry out its general affairs.
Constitutional Rights.
A right guaranteed to the citizens by the United States Constitution (and state constitution).
Consumer Rights Law.
The area of law concerned with protecting consumers against unsafe products, fraudulent practices, and other wrongdoing involving the sale of goods or services.
Contract.
An agreement between two or more persons (or entities) which creates an obligation to act or not act in a certain way.
Contributory Negligence.
Conduct by the plaintiff which falls below the standard of care in concurrence with the defendant’s negligence, which is a cause of the plaintiff’s own injury.
Contempt of Court.
Any act which is calculated to embarrass, hinder, or obstruct the administration of justice.
Contingency Fee Agreement.
In the context of a lawsuit, a contingency fee agreement is a contract between a client and their attorney where the attorney will receive no fee unless they collect compensation for their client.
Conviction.
The result of a criminal trial where the jury finds a defendant guilty of the crime charged.
Copyright.
The right to literary property, as recognized by law.
Court Reporter.
The person who takes down or transcribes the written testimony of a legal proceeding.
Crime.
Behavior that violates a legal obligation owed to the community which may be punishable by death, imprisonment, fine, or other punishment.
Criminal Law.
The substantive law concerned with preventing harm to society.
Criminal Procedure.
Procedural rules that govern how crimes are investigated, prosecuted, adjudicated, and punished.
Cross Examination.
The examination of the opposing party’s witness at trial or hearing, where leading questions are permitted.
Cruel and Unusual Punishment.
Under the Eight Amendment to the U.S. Constitution, the government is prohibited from punishment against a convicted criminal that is clearly inhumane or violates basic human dignity.
Custody.
The care and controlling of a person or thing.


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Damages.
A sum of money awarded as a remedy for another’s wrong doing.
Declaratory Judgment.
A binding adjudication or decision between two or more parties about a dispute in controversy.
Defamation.
An intentionally false statement (or a statement made in reckless disregard of the truth that, in fact, is false) which injures a person’s reputation or name.
Default Judgment.
A judgment entered against a defendant who has failed to defend themselves against a claim brought by another party.
Defendant.
The party who is being sued by the plaintiff.
Democracy.
A system of government where power is exercised by the whole body of free citizens through a system of representation.
Dental Malpractice.
Professional misconduct by a dentist or other dental health professional, as defined by a state, where the dentist deviated from the standard and which, as a result, injured the plaintiff.
Deposition.
The testimony of a witness taken outside of open court, while under oath.
Direct Examination.
Testimony given by a witness or party at trial or hearing at the request of the party calling the witness. Questions under direct examination must generally be given in response to an open ended question (versus a leading question).
Disability.
The inability to perform an act, as a matter of law. In a personal injury case, the category of damages concerning the diminished ability a plaintiff has to enjoy any activity of life they once enjoyed, but cannot now or did not for a while, as a result of the defendant’s misconduct. In a worker’s compensation claim, disability describes the inability of a worker to perform a task encountered in their job, and the resulting diminished or lost wages resulting from that inability, and a physical impairment of the body that resulted from the work related injury. Disability is a broad term that can apply to many other areas of law, including certain governmental benefits.
Disability Discrimination
(See American’s With Disability Act).
Disclaimer Clause.
A device used by a seller in an effort to reduce the seller’s liability from a claim or lawsuit.
Discovery.
The stage in a lawsuit were each party may attempt to obtain information about the case from the opposing party prior to trial.
Discovery Rule.
In some jurisdictions, this rule may allow a party to extend the time period by which a lawsuit can be filed beyond the time specified under a statute of limitation.
Discrimination.
Unfair treatment based on a person’s sex, age, race, nationality, religion, disability, or other protected class, as defined by law.
Disfigurement.
In a personal injury or other tort case, a category of damages affecting the plaintiff’s physical appearance which occurred as a result of a defendant’s misconduct.
Dissolution of Marriage
(See Divorce).
Divorce.
The legal act of terminating a marriage by judgment or decree of court.
Do Not Resuscitate (DNR).
A written order or document which states resuscitation efforts should be attempted for patient under certain, defined, circumstances.
Dram Shop Act.
Many states have these statutes which impose liability on the seller of intoxicating liquors, when a third person is injured as a result of the buyers intoxication.
Driving Under the Influence.
A criminal offense where a person operates a motor vehicle while intoxicated by alcohol or drugs, as defined by law.
Due Process.
An orderly proceeding which generally includes proper notice and opportunity to be heard before a decision is made on a matter.


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Eminent Domain.
The government’s power to take private property for the public good, provided just compensation is paid to the owner.
Emotional Distress.
In a tort action, a category of compensation for a person who suffered a psychological or emotional injury resulting from a defendant’s wrongful conduct.
Equal Protection Clause.
A provision under the 14th Amendment to the U.S. Constitution, prohibiting the government from denying any person within the U.S. equal protection of the laws — as other persons or classes under like circumstances.
Estate.
In the context of a probate proceeding, the total assets and liabilities of the deceased person.
Evidence.
Testimony, documents, objects, and other materials which are offered to prove or disprove a fact or an opinion.
Exclusionary Rule.
Evidence which has been illegally obtained in violation of the search and seizure protections under the U.S. constitution is generally inadmissible at trial against the defendant.
Executive Branch.
The branch of government charged with the responsibility of executing the laws enacted by the legislature.
Expert Testimony.
Opinion evidence presented by a person who possess specialized knowledge or skill by reason of his or her education and/or specialized experience.
Expert Witness.
A person who possess specialized knowledge or skill beyond that of an average person by reason of education and/or specialized experience.
Extrinsic Evidence.
Under contract law, evidence which is not contained within the agreement, but which is available from other sources.


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Fair and Impartial Jury.
The requirement that jury cases must be comprised of jurors who have no fixed opinion about the guilt or innocence of a party.
Fair and Impartial Trial.
A fundamental guarantee contained implicitly within the U.S. Constitution under the Duce Process Clause.
False Arrest.
Detention of a person without consent and without lawful authority.
False Imprisonment.
Detention and confinement of a person without consent and without lawful authority.
Family Law.
The area of law concerning domestic relations, including divorce, child custody, adoption, and other family matters.
Felony.
A serious criminal offense, greater than that of a misdemeanor, which may be punishable by imprisonment or death.
Fifth Amendment
(See Pleading the Fifth Amendment)
First Amendment.
Provides for the various freedoms guaranteed by the U.S. Constitution, including the right to speech, religion, press, and assembly.
Foreclosure.
A legal proceeding where a mortgaged property is sold or title is transferred on default for failing to satisfy obligations under a mortgage.
Foreseeability.
In tort law, a plaintiff must show their injury was reasonably anticipated under the circumstances in order to prove the element of “proximate cause.”
Forgery.
Duplicating the signature of another person, without their consent, and attempting to convey that signature as genuine when it is fake.
Forum Shopping.
When a party attempts to have their case tried in a particular court or jurisdiction which he or she feels would be more favorable to their case.
Four Corners Rule.
Under contract law, the intent of the parties is governed by the four corners of the written agreement as whole and not its isolated parts, and without aid from “extrinsic” (or outside) evidence.
Freedom of Information Act (FOI).
Information held by Federal agencies must generally be made available to the public unless exempt from public disclosure.
Free Speech.
A right guaranteed by the First Amendment to the U.S. Constitution; however, the right to free speech is not absolute. For example, a person cannot yell “fire” in a crowded theatre without reasonable justification (rather than to simply create public panic).
Fraud.
A false statement of material fact, made with the intent to deceive another, and which deceives another to their detriment.
Frivolous Lawsuit.
A baseless lawsuit that is filed with little or no prospect of success.
Fruit of the Poisonous Tree.
Evidence which is derived from an illegal search or illegal interrogation is generally held inadmissible at trial, as it is fruit of a poisonous tree.
Full Faith and Credit Clause.
Under the U.S. Constitution, states must recognize the legislative acts, records, and judicial decisions of other states within the U.S., although there are some exceptions.
Fundamental Rights.
Those rights which are explicitly or implicitly contained in the U.S. Constitution.


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Good Cause.
A term that describes a legally significant, if not justifiable, basis for excusing compliance with a legal obligation such as compliance with a court order.
Good Faith.
A reasonably honest intention, as distinct from a bad-faith or improper intention.
Good Samaritan.
Under the statutes of most states, a person who comes to the aid of another person in danger cannot be held negligently liable for causing further harm. However, a person who was reckless in aiding another may be held liable.
Guardianship.
A legal relationship where one person (a guardian) has the legal right and duty to care for another person (the ward) and his or her property.
Guilty.
The official finding that one has committed a crime or other breach of conduct such a civil tort.


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Hearsay.
In a general sense, testimony given by a witness who relates, not what he or she knows personally, but what he or she has heard said from another. Although hearsay statements are generally inadmissible, there are many exceptions (including statements made for purposes of medical treatment, excited utterances, dieing declaration, among others).
Heir.
A person who may inherit property, by law, upon the death of another.
Homicide.
The killing of one human being by another which may or may not be a crime depending upon circumstances (e.g., self-defense).
Hung Jury.
Where a jury cannot agree on a verdict, despite extensive time and effort, and where unanimity is required.


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Immigration.
A foreigners attempt to come to a country in order to establish permanent residence.
Immunity.
Freedom or exemption from a penalty, burden, or duty. Immunity can be partial or complete.
Impeachment.
A criminal proceeding against a public official.
Impeachment of Witness.
The act of calling into question the veracity of another’s testimony through contradictory evidence.
In Camera.
A hearing in chambers or in private, often called an in camera inspection, outside the presence of the public and opposing party.
Incapacity.
The state of being incapable of certain physical activity or mental power.
Incompetency.
The lack of ability, knowledge, legal qualification, or fitness to carry out a task or duty, as defined by law.
Informed Consent.
A person’s agreement to allow something to happen after full disclosure of all the facts needed to make an intelligent decision (e.g., the risks and benefits of a particular surgery).
Ignorance of Law.
The failure to know a particular law is generally not a defense to complying with that law.
Inheritance.
Property which descends to an heir on the death of another.
Injunction.
A court order prohibiting someone from doing a certain act or commanding someone to undo something that was wrong or injurious.
Injury.
Any wrong, injury, or damage caused to another, whether to the person, their rights, their reputation, or their property.
Insanity.
At law, this term describes the type of mental illness which negates a person’s legal responsibility or capacity.
Intellectual Property.
A broad term which describes a bundle of exclusive rights which an author, inventor, or such person may hold or have in certain written material, thoughts, ideas, recordings, inventions or other similar property of the mind.
Intent.
Describes a deliberate or purposeful mental state of a person at the time an act is done.
Intentional Tort.
A civil wrong that results from intentional misconduct, as compared to a non-intentional tort such as negligence.
Interference with Business Relation.
This can occur where a defendant intentionally and unjustifiably interferes with an existing business relationship between the plaintiff and another, which causes a break or breach of that relationship.
Interference with Contractual Relationship.
This can occur where a defendant knows a contract exists between the plaintiff and another and defendant intentionally procures the breach of that contract.
International Law.
The area of law concerning relations between nations.
Interrogation.
Under criminal law, the process by which law enforcement questions a person taken into custody or otherwise deprived of his or her freedom of action. Under the Miranda Rule, this person must first be informed of their rights, including their right to remain silent and their right to counsel.
Interrogatories.
A set of written questions drafted and submitted by one party to another party (or witness) during the discovery stage of a lawsuit, which must be answered under oath when required by the court.
Intoxication.
Where a person does not have (or is not expected to have) the normal use of his physical and mental abilities because of intoxicants in his or her body.
Invasion of Privacy.
The expectation a person has to be left alone and unnoticed, and the unwarranted intrusion by the government into that expectation of privacy.


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Judge.
A public officer appointed to preside and administer law in a court of justice.
Judgment.
A final decision by the court regarding a controversy between two or more parties.
Judicial Branch.
The branch of government charged with interpreting and applying the law.
Just Cause.
A legitimate and lawful reason.
Jurisdiction.
The authority of a court to decide a matter.
Jury.
A certain number of people selected and sworn to decide a legal matter in controversy.
Justice.
The fair and proper administration of law.


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Knowledge.
State of knowing or understanding.


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Larceny.
The unlawful taking and carrying away of another’s property, with the intent to convert it or deprive the owner of the property.
Latent.
Something hidden or concealed.
Latent Defect.
A hidden or concealed defect, known by one person but unknown to another (e.g., seller knows of a defect but says nothing to the buyer).
Law.
A body of rules which have a binding legal effect.
Legislative Branch.
The body of government charged with the authority to make laws.
Legislative Intent.
The purpose behind a statute. Investigation into legislative intent often explored when there is ambiguity surrounding its application in a given situation.
Lemon Law.
Laws enacted in many states concerning the rights of buyers of new (and some used) vehicles. These laws may give redress to a vehicle purchaser, including a refund or demand that the defect be corrected by the seller.
Liability
(See Liable).
Liable.
A finding of legal responsibility or obligation.
Libel.
A type of defamation of character through print, writing, picture or some other publication.
Liberty.
Freedom of action, except where prohibited by law.
Lien.
A creditor’s claim or interest in another’s property.
Litigation.
A lawsuit or judicial proceeding contested between two or more parties.
Living Will.
A document governing when to withhold or withdraw life-sustaining measures from an individual in the event of an incurable or irreversible condition that will cause death within a short period of time if (when the person may not able to make such decisions on their own).
Lost wages.
A category of compensatory damages a party seeks for work income lost as a result of the defendant’s wrongful conduct.


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Malfeasance.
Active wrongful conduct.
Malice.
An intention to commit a wrongful act.
Malicious Prosecution.
An action for damages brought by a person who claims another initiated a civil or criminal prosecution without probable cause.
Malingerer.
A person who consciously fakes a physical or mental illness for personal gain.
Malpractice.
Misconduct by a professional in the course of their profession. Malpractice actions are typically brought against physicians, attorneys, accountants, and other such professionals.
Manslaughter.
The unlawful killing of a human being without premeditation, which may have been committed out of recklessness, extreme emotional disturbance, or other recognized mental state that falls short of murder.
Marital Property.
Property that is generally acquired during the marriage, rather than before or after the marriage, which may be subject to equitable distribution upon divorce.
Maritime Law.
The area of law concerning transactions and commerce at sea, including ships and shipping, seamen, and the transportation of people or property by sea.
Marriage.
In traditional terms, the legal union between one man and one women as husband and wife.
Medical Expenses.
In a personal injury or other tort case, the medical bills that incurred as a result of the defendant’s wrongful conduct and for which the plaintiff seeks compensation.
Medical Malpractice.
Professional misconduct by a physician, nurse or recognized health professional during the course of their profession. For more information on this topic, please click here.
Mens Rea.
Under criminal law, this element governing criminal intent or other specific mental state is often required for finding a defendant guilty of a particular crime. Mens rea is different from actus reas, which concerns the physical component of a crime (e.g, the physical act of shooting a gun, actus reas, with the intent to kill, mens rea).
Military Law.
The area of law governing the armed forces.
Minor.
Under the law of most states, any person who is under the age of eighteen is a minor.
Miranda Warnings.
The warnings a person must be given before “custodial interrogation” (ie., questioning by law enforcement after a person is taken into custody or has otherwise been deprived of their freedom in a significant way). These warnings must include: the right to remain silent, that any statement may be used against him or her, and the right to an attorney.
Misconduct.
Forbidden or wrongful behavior under law which may be deliberate or unintentional.
Misdemeanor.
An offense that is less than a felony, which may be punishable by fine, imprisonment, or penalty, but not death.
Misfeasance.
The improper performance of an act which a person may otherwise lawfully do.
Misrepresentation.
A statement or conduct made with the intent to deceive or mislead another.
Mistake.
An unintentional act or omission.
Mistrial.
A trial which has been terminated prior to conclusion when a prejudicial error has occurred that cannot be reasonably corrected.
Mitigation of Damages.
The duty imposed on a party injured by tort or breach of contract, which requires them to take reasonable steps to minimize their damages.
Modus Operandi.
The routine method a person or entity uses to perform an act (often called their “M.O.”).
Motion.
A formal request for the court to make a ruling or enter an order directing certain behavior.
Motive.
The intent or reason behind a person’s behavior.
Municipality.
A local governmental entity such as a city, township or village. In certain situations, a municipality may have certain immunities which protect them from liability depending upon the circumstances. (See Tort Immunity Act.)
Murder.
The unlawful killing of a human being by another with malice aforethought (e.g., assassination).


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Nationality.
The state or country in which a person belongs because of birth or through naturalization.
Naturalization.
The process through which a person acquires nationality of a state or country, despite place of birth, entitling that person to the privileges of that state or country.
Natural Law.
Traditionally, the system of rules and principles that should guide human behavior which, despite any laws or other regulations enacted, might be discovered through rational intelligence and morality.
Natural Rights.
Rights which grow out of the nature of being a human, which are distinct from laws created by government which are intended to create an orderly society.
Necessity.
The circumstance where a person is excused from criminal liability because they acted under duress to protect life or limb in a reasonable manner, and where there was no other acceptable choice.
Negligence.
The failure to act as a reasonable person under the same or similar circumstances. Negligence is behavior which falls below the minimum standard of reasonable care which is expected for protection of others against unreasonable risk of harm. To succeed in a negligence action, the plaintiff must prove the defendant: 1) owed the plaintiff a duty of care; 2) breached that duty of care; 3) the plaintiff was injured, and 4) the plaintiff’s injury occurred as a result of defendant’s breach of the duty of care.
Negligent Entrustment.
The plaintiff must show the defendant entrusted a dangerous item (such as a car) to another, when the defendant knew or should have known that entrustment would result in an unreasonable risk of injury toward others, and which resulted in an injury to another.
Nonfeasance.
The failure of a person to act when under an obligation or duty to act (e.g., a public official who fails to carry out a duty they are required to perform).
Notary Public.
A public official who has the authority to administer oaths, to certify with an official seal, to acknowledge certain deeds, among other matters.
Notice.
Information concerning a fact which would lead an ordinary person to make further inquiry.
Nuisance.
Activity which annoys or disturbs another person’s possession of their property (e.g., smoke, odor, vibration, or noise).


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Oath.
An affirmation of truth of a statement, which renders that person subject to perjury if he or she knowingly asserted an untruthful statement while under oath.
Objection.
A declaration of opposition by a party and a request for ruling by the court on the matter.
Occupational Safety and Health Administration (OSHA).
A federal agency established to provide guidelines for employers concerning the health and safety of employees.
Offense.
A violation of criminal law.
Offer.
Under contract law, a promise to do something or not do something. If the “offer” is “accepted” and there is “consideration,” an agreement or contract generally exists.
Opening Statement.
After jury selection, the first stage of a trial where each party is allowed to tell the jury what they believe the evidence is going to show during the trial.
Order.
A written ruling entered by the court directing certain conduct during the course of a case.


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Pain and Suffering.
In a personal injury or other tort case, the category of damages concerning physical pain and mental suffering that resulted from the defendant’s misconduct.
Paralegal.
A person with legal skills who, while not a lawyer, works under the supervision of a lawyer. Many paralegals have received formal training and have obtained a paralegal degree.
Parole Evidence Rule.
Under contract law, where a binding written agreement exists, this rule of evidence generally precludes a party from seeking to introduce evidence outside the four corners of the contract in an attempt to alter all or part of the written agreement.
Parties.
In most civil suits, the parties consist of plaintiff(s) (who has brought the lawsuit) and the defendant(s) (against whom the lawsuit was filed against). In other civil suits, such as a divorce proceeding, the parties are often identified as the petitioner and the respondent.
Patent.
A grant of right by the government identifying that an inventor has the exclusive right to make, use, and sell an invention for seventeen years.
Peremptory Challenge.
The right to excuse a potential jury without providing a reason (as long as it is not a reason prohibited by law such as race). Each party has a limited number of peremptory challenges. In a “challenge for cause,” the party must show a reason why the juror should be excused.
Perjury.
The willful assertion of a fact or opinion made by a witness, while under oath or in any other form allowed by law to be substituted for an oath, which the witness knows to be false.
Personal Jurisdiction.
The power of a court over a particular person or entity.
Personal Injury.
Traditionally, any physical or mental injury that was caused by the defendant’s wrongful conduct. For more information on personal injury, click here.
Permanent Disability.
In a worker’s compensation case, a work related injury that will last the worker’s lifetime.
Permanent Injury.
In a personal injury case, evidence the plaintiff’s injury (as result of defendant’s misconduct) will last their lifetime.
Plaintiff.
The person bringing a lawsuit against one or more defendants.
Plea Bargain.
An agreement between a criminal defendant and the prosecutor over the disposition of the defendant’s case.
Pleadings.
The formal allegations by a plaintiff, in the form of a complaint against the defendant, and the answer to those allegations by the defendant (and any affirmative defenses by the defendant to the complaint).
Policy of Insurance.
A contract between an insurance company and the insurer. The insurer agrees to pay the insurer (premiums) in exchange for the insurer’s agreement to pay certain money in the event of a contingent loss covered under the policy.
Polygamy.
The criminal offense of having more than one husband or wife at the same time.
Polygraph Test Perjury.
Commonly referred to as a lie detector, an electronic machine which attempts to detect the truthfulness of a person’s answers to questions.
Power of Attorney.
A written instrument where a person, as the principal, agrees to have another person to act as their agent regarding certain acts or matters.
Possession.
Having control over a thing with the intent to have and exercise control over that thing. Possession is Nine-Tenths of the Law. This adage, while not always true, suggests that person who has possession of a thing is nine times better than any other person contesting ownership.
Precedent.
A prior judicial decision that is considered binding authority on a subsequent matter that is substantially similar.
Preemption.
A doctrine which holds that certain federal matters, because of their national importance, will take precedence over any contradictory state or local laws.
Prejudicial Error.
An error in a legal proceeding that substantially effects the legal rights or obligations of at least one of the parties.
Premeditated.
The act of developing a plan or plot before execution.
Premises Liability.
The area of personal injury law involving injuries that occur on another’s property as result of an unreasonably dangerous condition. For more information on premises liability, click here.
Prenuptial Agreement.
An agreement entered into between potential spouses in contemplation of marriage, where the property and financial rights are established in the event the marriage ends in divorce.
Preponderance of the Evidence.
The burden of proof in a civil case, where the plaintiff need only prove his or her case by what is more probably true than not. This standard is distinct from the burden of proof in a criminal case, which is guilt beyond a reasonable doubt.
Presumption of Innocence.
In a criminal case, the defendant need not prove their innocence at trial. Instead, the prosecution must prevent evidence proving the defendant is guilty beyond a reasonable doubt.
Privacy.
(See Invasion of Privacy)
Probable Cause.
A reasonable basis for belief in certain alleged facts. In the context of an arrest, probable cause exists where facts and circumstances would lead a reasonable person to believe a suspect is committing a criminal offense or has committed a criminal offense.
Probate.
A court procedure where a will is proved to be valid or invalid, where decedent’s assets and liabilities are established, where any taxes are paid, and where property distributed to the heirs. There are many other proceedings which can occur in probate court.
Procedural Law.
The body of law governing the methods or procedures by which parties must conduct the prosecution or defense of their case.
Product Liability.
A type of tort case where a defective and unreasonable dangerous product causes personal injury or property damage. For more information on product liability, click here.
Professional Liability.
The area of law concerning lawsuits brought against a professional in the course of their profession. Professional liability or malpractice actions are typically brought against physicians, attorneys, accountants, and other such professionals.
Promissory Estoppel.
An action which can arise where a promise is made to a person, the person reasonably relies on that promise, and the reasonable reliance results in some injury or other damages to that person.
Promissory Note.
A signed paper promising to pay another a specific sum of money by a designated time or on demand.
Property.
The exclusive and unrestricted ownership of something.
Property Damage.
Damage that results to an object rather than a person.
Property Law.
The area of law governing the rights and interests in property.
Prosecution.
A legal proceeding carried out to determine the guilt or innocence of a defendant.
Prosecutor.
Also referred to as a state’s attorney or district attorney, a person hired by the government whose responsibility includes prosecuting individuals charged with committing a crime.
Protective Order.
An order by a judge entered for the purpose of preventing further harassment against a person, abusive service of process, or abusive discovery.
Proximate Cause.
An element of a personal injury or other tort case, requiring proof of a causal connection between the defendant’s wrongful conduct and the plaintiff’s injury. Proximate cause need not be the only cause, nor the last cause; it is sufficient that the wrongful conduct, in the natural and probable sequence of events, was “a” cause of the plaintiff’s injury. (check jury instruction)
Public Nuisance.
An unreasonable interference with the rights of the public to freely enjoy public property. Public nuisances can include loud noises, offensive odors, toxic pollutants, obscene images, or other conduct that is sufficiently offensive or harmful to the community.
Puffing.
An expression of opinion by a seller, rather a representation of fact, which is generally not a valid basis for a lawsuit.
Punitive Damages.
The category of damages permitted in certain cases designed to punish the offender and to deter similar misconduct by the offender or by others. The conduct of the defendant must be more egregious than mere negligence. The conduct must amount to intentional harm, malice, or reckless indifference for the rights or safety of others. Punitive damages are distinct from compensatory damages, in which the later are designed to compensate the plaintiff rather than punish or deter.


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Quit Claim Deed.
A transfer or conveyance of property from one to another.


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Race Discrimination.
Unfair treatment based on a person’s race.
Racketeering.
An organized conspiracy to commit crimes of extortion or coercion.
Reasonable Care.
Under negligence law, the care a reasonable person would exercise under the same or similar circumstances.
Reasonable Doubt.
The burden of proof used in a criminal case in determining whether a defendant is guilty of the crime for which he or she has been charged.
Reasonable Man Standard.
Under negligence law, the generic standard which asks what a reasonable person must use to avoid liability for negligence.
Receivership.
A legal or equitable proceeding where a receiver is appointed for an insolvent corporation, partnership or individual to preserve its assets for the benefit of creditors or affected parties.
Reckless Disregard.
The degree of misconduct that is more egregious than negligence and which, in some states, can justify punitive damages.
Reinsurance.
Insurance which is purchased by an insurance company to protect against a risk already assumed.
Release.
A written or oral statement which purports to discharge or give up the right to file a lawsuit. Releases may also be used to document a settlement and preclude a re-litigation of the same issue that is being settled.
Relevance.
Any evidence which has the tendency to make the existence of a fact more or less probable.
Remittitur.
The procedural safeguard which allows a judge to reduce an excessively high verdict.
Replevin.
An action which allows the owner or person entitled to possession of property the right to recover that property from the person who wrongfully took or detained the property.
Request for Production.
A discovery procedure in which one party requests the other to produce certain documents or materials.
Respondeat Superior.
A doctrine which allows the principal to be held legally responsible for the acts of its agent during the scope of the agent’s employment or services. This doctrine is often applied to hold an employer responsible for the negligent acts of an employee which occurred within the scope of their employment.
Respondent.
In a civil or equity case, the party against whom relief is sought. In an appeal, the party against whom the appeal is taken.
Restitution.
Under equitable law, a remedy which restores a person to the position they were in before the injury, loss or wrong.
Restraining Order.
An order issued by a judge, where the applicant requests an order or injunction forbidding a person or entity from doing a threatened act until a hearing. Such an order is generally valid for a limited period of time but can be converted into a permanent order (or injunction) under certain circumstances.


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Sanction.
A penalty issued by the court designed to secure obedience with a court order, law, or regulation, which may include a monetary fine.
Scope of Employment.
Under the doctrine of respondeat superior or vicarious liability, the employer is liable for the negligent acts of its employee during the scope of employment (ie., the activities an employee engaged in while performing his or her job).
Search Warrant.
A written order issued by judge, justice or other magistrate authorizing a law enforcement official to search for and seize certain property which constitutes evidence of criminal wrongdoing or other property designed to be used for the commission of a crime.
Self Defense.
In criminal law, a person has the right to use physical force to defend themselves or another against an aggressor’s imminent use of unlawful force.
Self incrimination.
Under the Fifth Amendment to the U.S. Constitution, the government is prohibited from requiring a person to be a witness or otherwise testify against him or herself.
Separation of Powers.
Under the government of the United States, there are three branches. In a general, the legislative makes laws, the executive enforces laws, and the judicial interprets laws. The separation of powers doctrine prohibits one branch from encroaching on the domain of another branch.
Settlement.
An agreement reached between two or more parties to a dispute.
Service of Process.
In the initial stage of a lawsuit, the procedure in which the complaint is delivered to the defendant. There are other circumstances which may require service of process.
Sex Discrimination.
Discrimination based on a person’s sex.
Sexual Harassment.
A type of employment discrimination which involves a hostile work environment characterized by unwanted sexual advances, ridicule, or innuendo, and which may or may not involve inappropriate physical contact.
Side-Bar.
A momentary break in the trial where the attorneys and judge discuss a matter while the jury is still seated but outside of their presence.
Slander.
The speaking or oral form of defamation which contain false statements about another which tend to damage that person’s reputation, when those statements are known to be false or made out of reckless disregard for the truth (which prove to be false).
Slip and Fall.
A type of premises liability case, where the plaintiff is injured on another’s property as a result of an unreasonably dangerous condition. For more information on this topic, please click here.
Small Claims Court.
A court which hears relatively inexpensive legal disputes in an expeditious and less formal manner.
Soft Tissue Injury.
A type of case involving damage to soft tissue within the human body as opposed to, for example, a broken bone. Common types of soft tissue injuries include back strains, minor cuts, and bruising.
Solvency.
The ability to pay a debt when it becomes due.
Sovereign Immunity.
A doctrine which precludes a lawsuit against the government without its consent. In many instances, government immunity from tort actions is waived or otherwise authorized by statute in certain situations. However, even where suit is permitted, there are many statutory limitations in actions against the government which can make recovery more difficult.
Speculation.
A matter in which there is great doubt. A matter is generally speculative if it is possible but not probable.
Speedy Trial.
Under the Sixth Amendment to the U.S. Constitution, a criminal defendant has the right to a speedy trial.
Spoliation of Evidence.
The intentional destruction of evidence (or in some states, the negligent failure to preserve evidence) by a person or entity who knew the evidence was relevant to actual or potential litigation.
Stare Decisis.
The general policy of courts to stand by the precedent of prior decisions.
Statement.
An oral or written assertion that is intended to be an assertion. Statute. A type of law that is enacted by a legislative body.
Statute of Frauds.
The general rule that no breach of contract can be maintained for certain classes of contracts. Examples include contracts that fall under the statute of frauds include contracts for the sale of land, contracts for the sale of goods at $500 or more, and contracts which (by their terms) cannot be performed within one year.
Statute of Limitation.
A statute which sets a particular deadline by which a type of lawsuit can be brought. In many states, there are recognized circumstances which may allow a statute of limitation period to be extended for a limited period of time.
Statute of Repose.
Similar to a statute of limitations, in that it provides a deadline by which a lawsuit can be brought, but does not recognize any extension based on when a cause of action has accrued.
Stay.
A suspension or stopping of a judicial proceeding by order of court.
Stipulation.
A matter which has been agreed between the parties.
Strict Liability.
Type of liability which does not require proof of fault, but does require other elements which must be proven. In some states, strict liability can apply to products liability cases and cases involving inherently dangerous activities or dangerous animals.
Subject Matter Jurisdiction.
A court’s authority to hear a case if it falls under a particular category or subject.
Sublease.
A lease executed by lessee to a third party such as, for example, where a tenant leases an apartment to a third person.
Subpoena.
A legal command to appear at a certain place at a certain time.
Subpoena Duces Tecum.
A legal command to produce certain documents or materials.
Suffrage.
The right to vote or the act of voting.
Suit.
A legal proceeding initiated by at least one person (or entity) against at least one other person (or entity) in a court of law.
Summons.
A legal instrument used to start or commence a lawsuit.
Sunday Closing Laws.
A law which restricts certain types of business activities on Sunday.
Sunset Law.
A law which requires a periodic review of the rationale or reason of a particular law in order to justify the continuance of that law.
Sunshine Law.
A law which requires that certain governmental agencies conduct their meetings in places open to the public and allow reasonable access to the records of those meetings.
Supreme Court.
The highest appellate court in the United States of America, consisting of nine justices who are appointed for life. State’s within the U.S. have their state supreme courts and respective justices.
Survival Statute.
A statute which allows a lawsuit to proceed or continue even after the death of an injured person who originally had the right to bring the lawsuit.
Suspect.
A person suspected of having committed a crime.
Sustained.
To approve or agree with. For example, if a judge sustains an objection, the judge has agreed with the party or attorney who made objection.
Syndicate.
A group or association of individuals formed for the purpose of carrying out a particular business transaction.


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Taking the Fifth.
This occurs where a witness or suspects refuses to answer a question on the grounds it may incriminate himself or herself to a crime.
Tax.
A charge by the government on a person or entities income.
Tax Return.
The form used by person or entity to report their income, deductions, and exemptions to the government.
Temporary Injury.
Any injury that is not permanent or lifelong in nature.
Terrorism.
In general, a violent or dangerous act toward human life intended to intimidate or coerce a civilian population, influence the policy of a government though intimidation or coercion, or affect the conduct of a government by assassination or kidnapping.
Testimony.
Evidence given by a person under oath or affirmation.
Theft.
The act of stealing something that belongs to another without that person’s consent.
Third Party Beneficiary.
Under contract law, a person who is not a party to a contract but who has enforceable rights under the contract.
Third Party Complaint.
A complaint or lawsuit filed by a defendant against third person or entity not originally named in the lawsuit.
Title.
Under property law, the right of ownership.
Tort.
A violation of a duty imposed by law which results in some injury or harm to another. Tort cases may involve intentional wrongdoing, such as assault and battery, or negligently wrongdoing such as medical malpractice. The most common types of tort cases involve allegations of negligence such as auto accidents, slip and falls, and medical malpractice, where the defendant is accused of failing to exercise reasonable care. For more information on person injury, click here. For more information on medical malpractice, click here. For more information on wrongful death, click here.
Tort-Feasor.
The person who committed a tort (or violation of a duty imposed by law) that caused injury to another.
Tort Immunity Act.
A federal statute enacted by Congress in 1946, permitting private parties to sue the U.S. government for most torts committed by persons acting on behalf of the U.S. However, this statute, and many state counterpart statutes, substantially limit the ability of injured plaintiff’s to successfully prosecute such claims in certain instances.
Tort Reform.
A conservative movement which seeks to limit the rights of injured parties, including the damages that may awarded through arbitrary caps on damages. For more information on tort reform, click here.
Totaled
(See Total Loss).
Total Loss.
In an automobile case or other property damage case, where an insurance company determines the costs of fixing the property is more expensive than to replace the property. Other insurance companies may define a total loss as any loss where the cost of fixing the property is at least half as expensive as the cost of replacement.
Trademark.
A symbol or other distinctive mark of authenticity, which identifies the product or products a manufacturer makes from the products manufactured by other manufacturers.
Treason.
A violation of allegiance to one’s own government.
Trespass.
An unauthorized intrusion or invasion onto another’s land or premises.
Trial.
A judicial proceeding which seeks to decide a dispute between two or more parties.
Trust.
A legal entity created by a grantor for the benefit of one or more designated beneficiaries.
Trustee.
A person holding legal title to property “in trust” for the benefit of one or more beneficiaries.
Truth and Lending Act.
A law which requires that every customer who is in need of consumer credit be given meaningful information on the cost of that credit.


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Unclean Hands Doctrine.
Under equitable law, a court of equity can deny relief to any party whose own conduct has been deceitful or unfair during the same controversy.
Unconscionable.
Under contract law, a court may refuse to enforce a contract that is so one-sided as to be exceptionally unfair or oppressive.
Unconstitutional.
Legislation that conflicts with the Constitution of the U.S. or the constitution of a particular state.
Unfair Prejudice.
Under evidence law, an admission of evidence that has an undue tendency to suggest a decision on an improper basis, usually out of emotion, rather than a decision based on logic or reason.
Uniform Commercial Code (UCC).
A body of law governing commercial transactions, including the sale of goods, leasing of goods, transfer of funds, commercial paper, and numerous other commercial transactions.
Underinsured Motorist Coverage (UIM).
A provision in an insurance policy which may be triggered when the tortfeasor (or wrongdoer) does not have sufficient insurance coverage to pay for all the damages sustained or incurred by the injured party.
Uninsured Motorist Coverage (UM).
A provision in an insurance policy that can be triggered where the tortfeasor (or wrongdoer) does not have any insurance to pay for damages sustained or incurred by the injured party.
United States Code.
The series of volumes containing federal legislation. (check)
Unjust Enrichment.
The general principle which holds that one person should not be allowed to unjustly retain money or benefits at the unfair expense of another.
Usury.
Charging an illegally high rate of interest
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Vacate.
To set aside or cancel such as an order issued by a court.
Vacation of Judgment.
To set aside a judgment.
Vagueness Doctrine.
Where a statute does not fairly inform what is commanded or prohibited such that it is unduly vague and, therefore, unconstitutional based on due process.
Venue.
The particular jurisdiction in which a court can hear a case.
Verdict.
The formal decision or finding by a jury, where they decide in favor of one party and against the other.
Verification.
Confirmation as to truthfulness, attested under oath.
Veto.
A latin word which literally means to forbid. In practice, a veto can be absolute or limited. A veto by the President of the U.S. is limited in that it can be overridden by two-thirds of Congress.
Vexatious.
Something done without reasonable excuse (e.g., vexatious delay).
Vicarious Liability.
The imposition of liability on one person (or entity) for the acts committed by another, based on a particular relationship between the two (e.g., employer and employee).
Victim.
A person who has been the object of a tort or a crime.
Visitation.
Under family law, this occurs when a non-custodial parent is permitted time with their child.
Void.
Something which has no legal effect.
Voluntary Undertaking.
This occurs where a person would normally not have owe a duty of care toward another but, because they voluntary did something, they undertook the duty. In that situation, the person who voluntary undertook the duty toward the other must exercise reasonable care toward the other.


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Wage Loss.
In a personal injury or other tort case, a category of damages where the plaintiff claims lost income as a result of the defendant’s wrongful conduct.
Walk Out.
A planned or organized withdrawal by employees from their employer’s place of business because of a dispute with their employer.
War Crimes.
One or more crimes committed by a country in violation of international law governing war.
Warrant.
In criminal law, a written order by a court requiring law enforcement to arrest a particular person and bring them to court.
Weight of Evidence.
Evidence which balances in favor of one side or the other.
Whistle Blower.
An employee who reports illegal activity committed by his or her employer.
Whistle Blower Act.
A federal or state statute designed to protect employees who report illegal activity committed by their employer.
Will.
An instrument in which a person identifies his or her wishes regarding the distribution of their property after their death.
Willful and Wanton Misconduct.
Conduct which is more egregious than simple negligence. It is conduct committed with an intentional or reckless disregard for the safety of others. In some states, punitive damages are permitted against a defendant if they are proven guilty of willful and wanton misconduct.
With Prejudice.
A final adjudication on the merits.
Witness.
A person who observed something, knows something, or is otherwise called to testify in a legal proceeding.
Worker’s Compensation Act.
A statute which provides fixed awards to employees injured during the course of their employment, without needing to provide proof of misconduct by the employer.
Wrongful Death.
A type of lawsuit brought on behalf of a deceased person’s estate, alleging the decedent’s death occurred as a result of a defendant’s wrongful conduct (e.g., negligence). For more information on wrongful death, click here.
Wrongful Discharge.
A lawsuit brought against an employer, where the employee claims they were discharged in violation of one or more state or federal anti-discrimination laws.


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No terms available


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No terms available


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Zone of Danger.
In some states, a bystander who was not physically injured, but who was in the zone of physical danger and had a reasonable fear for their own safety, may recover for emotional distress.

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