Legal Dictionary |
Glossary of terms that are frequently used on this site.
|
|
You can always search for entries (regexp permitted). |
|
|
|
All| There are 27 entries in the glossary. |
| Pages: 1 2 � |
| answer | In a civil case, the defendant's written response to the plaintiff's complaint. It must be filed within a specified period of time, and it either admits to or (more typically) denies the factual or legal basis for liability. Normally a defendant has 30 days in which to file an answer after being served with the plaintiff's complaint. In some courts, an answer is simply called a "response". |
| | |
| appeal | A request to a supervisory court, usually composed of a panel of judges, to overturn the legal ruling of a lower court. |
| | |
| arbitration | A method of alternative dispute resolution in which the disputing parties agree to abide by the decision of an arbitrator. |
| | |
| assignment | The transfer of legal rights, such as the time left on a lease, from one person to another. |
| | |
| assumption of risk | A defense raised in personal injury lawsuits. Asserts that the plaintiff knew that a particular activity was dangerous and thus bears all responsibility for any injury that resulted. |
| | |
| bad faith | Dishonesty or fraud in a transaction, such as entering into an agreement with no intention of ever living up to its terms, or knowingly misrepresenting the quality of something that is being bought or sold. |
| | |
| bankruptcy | Insolvency; a process governed by federal law to help when people cannot or will not pay their debts. |
| | |
| bench trial | Also called court trial. A trial held before a judge and without a jury. |
| | |
| beyond a reasonable doubt | The highest level of proof required to win a case. It is required to get a guilty verdict in criminal cases. The burden of proof that the prosecution must carry in a criminal trial to obtain a guilty verdict. Reasonable doubt is sometimes explained as being convinced "to a moral certainty". The jury must be convinced that the defendant committed each element of the crime before returning a guilty verdict. |
| | |
| bifurcation | Splitting a trial into two parts: a liability phase and a penalty phase. In some cases, a new jury may be empaneled to deliberate for the penalty phase. |
| | |
| bond | 1. A document with which one party promises to pay another within a specified amount of time. Bonds are used for many things, including borrowing money or guaranteeing payment of money.
2. A written agreement purchased from a bonding company that guarantees a person will properly carry out a specific act, such as managing funds, showing up in court, providing good title to a piece of real estate or completing a construction project. If the person who purchased the bond fails at his or her task, the bonding company will pay the aggrieved party an amount up to the value of the bond. 3. An interest-bearing document issued by a government or company as evidence of a debt. A bond provides pre-determined payments at a set date to the bond holder. Bonds may be "registered" bonds, which provide payment to the bond holder whose name is recorded with the issuer and appears on the bond certificate, or "bearer" bonds, which provide payments to whomever holds the bond in-hand. |
| | |
| brief | 1. A written document that outlines a party's legal arguments in a case.
2. A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). |
| | |
| burden of proof | 1. The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case.
2. A party's job of convincing the decision's maker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury "by a preponderance of the evidence" that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty. |
| | |
| buy-sell agreement | An agreement among business partners that specifies how shares in the business are to be transferred in the case of a co-owner\'s death. |
| | |
| compensatory damages | Damages that cover actual injury or economic loss. Compensatory damages are intended to put the injured party in the position he was in prior to the injury. Compensatory damages typically include medical expenses, lost wages and the repair or replacement of property. Also called "actual damages". |
| | |
| damages | In a lawsuit, money awarded to one party based on injury or loss caused by the other. There are many different types or categories of damages that occasionally overlap.
|
| | |
| defendent | In criminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued. In certain states, and in certain types of lawsuits, the defendant is called the respondent |
| | |
| general damages | Damages intended to cover injuries for which an exact dollar amount cannot be calculated. General damages are usually composed of pain and suffering, but can also include compensation for a shortened life expectancy, loss of the companionship of a loved one and, in defamation cases (libel and slander), loss of reputation. |
| | |
| liability | A legal term that describes the condition of being actually or potentially subject to a legal obligation. It is a fundamental aspect of tort law, although liability may also arise from duties entered into by special agreement, as in a contract or in the carrying out of a fiduciary duty. |
| | |
| nominal damages | A term used when a judge or jury finds in favor of one party to a lawsuit - often because a law requires them to do so - but concludes that no real harm was done and therefore awards a very small amount of money. For example, if one neighbor sues another for libel based on untrue things the second neighbor said about the first, a jury might conclude that although libel technically occurred, no serious damage was done to the first neighbor's reputation and consequentially award nominal damages of $1.00. |
| | |
|
Glossary
