Glossary of Terms

Question 1

A charge against a person or corporation

Answer 1

Accusation

Question 2

To directly and formally institute legal proceedings against a person

Answer 2

Accuse

Question 3

Person against whom a criminal proceeding is initiated

Answer 3

Accused

Question 4

Evidence which has been received by a trial court to aid the trier of fact (judge or jury) in deciding the merits of a controversy

Answer 4

Admissible evidence

Question 5

Voluntary acknowledgement that certain facts do exist or are true

Answer 5

Admission

Question 6

A person who has reached the age of majority

Answer 6

Adult

Question 7

A written, ex parte, statement made or taken under oath before an officer of the court or a notary public

Answer 7

Affidavit

Question 8

The act of an appellate court that the judgement of the lower court is correct

Answer 8

Affirm

Question 9

In pleading, an assertion of fact

Answer 9

Allegation

Question 10

A resort to a higher court seeking a reversal of the court decision

Answer 10

Appeal

Question 11

An attempt or threat, with lawful force, to inflict bodily injury

Answer 11

Assault

Question 12

The unlawful application of force to the person of another, unauthorized touching of another, no physical harm need result

Answer 12

Battery

Question 13

A party’s failure to perform some contracted for or agreed upon act, or failure to comply with a duty imposed by law

Answer 13

Breech of contract

Question 14

The obligation of one party in a lawsuit to prove all the requirements necessary to show entitlement to recovery

Answer 14

Burden of proof

Question 15

A warning, caution, or qualification

Answer 15

Caveat

Question 16

Indirect evidence, secondary evidence by which a principal fact may be inferred

Answer 16

Circumstantial evidence

Question 17

The branch of law that pertains to suits outside of criminal practice, pertaining to the rights and duties or persons in contract, tort, etc.

Answer 17

Civil

Question 18

As a standard of proof, it is that amount of evidence beyond a mere preponderance, but below that of beyond a reasonable doubt

Answer 18

Civil

Question 19

As a standard of proof, it is that amount of evidenc ebeyound a mere preponderance, but below that of beyond a reasonable doubt

Answer 19

Clear and convincing

Question 20

A set of laws or rules

Answer 20

Code

Question 21

A system of jurisprudence which originated in England and passed on to the U.S. based on judicial precedent, common law is changing reflecting the desires of society

Answer 21

Common law

Question 22

A doctrine in some states which allows appoitionment between plantiff and defendant of responsibility for injuries of damages, in some states the plantiff may still recover even through they were negligent, but the amount they can recover will be reduced by the percentage by which they caused their own injuries

Answer 22

Comparative negligence

Question 23

Damages awarded in order to “make the plantiff whole”, to put the plantiff in the position they would have been in had no tort or breech of contract occured

Answer 23

Compensatory damages

Question 24

The first pleading of the plantiff setting out the facts on which the claim for relief is based

Answer 24

Complaint

Question 25

An admission of guilt or other incriminating statement made by the accused

Answer 25

Confession

Question 26

Something of value received or promised to persuade someone to enter into a contract

Answer 26

Consideration

Question 27

An agreement between two or more persons that is enforceable by law

Answer 27

Contract

Question 28

A doctrine recognized in some states which precludes any recovery by a plantiff if they were guilty of negligence which contributed to cause their injury

Answer 28

Contributory negligence

Question 29

An agreement or promised to do or not to do a particular thing

Answer 29

Convenant

Question 30

Monetary compensation which the law awards to one who has been injured by the actions of another

Answer 30

Damages

Question 31

The person who is being sued

Answer 31

Defendant

Question 32

A contract in which mutual assent has been destroyed, by fraud, coercion or otherwise

Answer 32

Deflective contract

Question 33

A pre-trial discovery procedure whereby parties or witnesses are examined under oath, a court reporter is present and records questions and answers

Answer 33

Deposition

Question 34

A pre-trial procedure by which one party gains information held by another party

Answer 34

Discovery

Question 35

Action by one party that forces another to do what need not otherwise be done

Answer 35

Duress

Question 36

Obligatory conduct owed by a person to another person

Answer 36

Duty

Question 37

The freeing of someone from the control of another, a parent's express or implied relinqueshing of rights over a minor child

Answer 37

Emancipation

Question 38

A bar which precludes a person from denying the truth of a fact, a doctrine preventing a person from taking a position inconsistent with their previous conduct

Answer 38

Estoppel

Question 39

Refers to evidence and or statements which tend to clear, justify, or exclude the defendant from alleged guilt or fault

Answer 39

Exculpatory

Question 40

To sign a legal instrument so that it is legally enforceable

Answer 40

Execution of instrument

Question 41

A contract not fully accomplished or completed

Answer 41

Executory

Question 42

A contract fully performed by both parties

Answer 42

Executed contracted

Question 43

A witness achieving "special knowledge" of the subject about which they will testify

Answer 43

Expert witness

Question 44

An occurence which may result in liability

Answer 44

Exposure event

Question 45

Placing a document into the possession of the court for inclusion in the file of a case

Answer 45

Filing

Question 46

Intentional deception resulting in injury to another

Answer 46

Fraud

Question 47

The process in which money or goods in the hands of a third person which are due a defendant are attached by the plantiff

Answer 47

Garnishment

Question 48

Ignorantia legis non excusat

Answer 48

Ignorance of the law is no excuse

Question 49

Where one is held liable for the conduct of another, because the other person is the agent or employee of the person of the person who is held ultimately responsible

Answer 49

Imputed liability

Question 50

That which tends to incriminate

Answer 50

Inculpatory

Question 51

The obligation or duty resting on one person to make good any loss or damage another has incurred or may incur

Answer 51

Indemnity

Question 52

A pre-trial discovery tool in which written questions are asked to an opponent in a lawsuit answered in writing under oath

Answer 52

Interrogatory

Question 53

Ipso facto

Answer 53

By the fact itself, in and of itself

Question 54

The determination of a court of competent jurisdiction upon matters submitted to it

Answer 54

Judgement

Question 55

Having legal responsibility to pay another for damages

Answer 55

Liability

Question 56

A controvery in court

Answer 56

Litigation

Question 57

Party in a lawsuit

Answer 57

Litigant

Question 58

A doctrine under which a doctor's compliance with the appropriate standard or care is judged by the practices of doctors in their same geographic locality, doctrine has been abandoned in many jurisdictions.

Answer 58

Locality rule

Question 59

A professionals improper or immoral conduct in the performance of duties, done intentionally or through carelessness or ignorance

Answer 59

Malpractice

Question 60

The duty of the victim of a wrong to do whatever is reasonably possible to reduce or limit their own damages

Answer 60

Mitigation of damages

Question 61

Failure to exercise that degree of care which is reasonably possible to reduce or limit their own damages

Answer 61

Mitigation of damages

Question 62

Failure to exericse that degree of care which a person of ordinary prudence would exercise under the same circumstance

Answer 62

Negligence

Question 63

The reason given for a court's judgement

Answer 63

Opinion

Question 64

In contract law, the situation that exists when the parties to a contract have done what they had agreed to do

Answer 64

Performance

Question 65

The one who initally brings the suit, the one seeking a remedy

Answer 65

Plantiff

Question 66

A previously decided case which is recognized as authority for the disposition of future cases

Answer 66

Precedent

Question 67

Standard of proof in civil cases, evidence more convincing to trier of fact than the opposing evidence

Answer 67

Preponderance of evidence

Question 68

The act which was the necessary immediate cause for someone suffering an injury

Answer 68

Proximate cause

Question 69

Damages given for the purpose of punishing the defendant without regard to the plantiff's actual damages

Answer 69

Punitive damages

Question 70

The act of voiding, annulling or canceling a contract

Answer 70

Recission

Question 71

Rules made by administrative agencies

Answer 71

Regulation

Question 72

A written document by which one party gives up a legal claim against another

Answer 72

Release

Question 73

What a party in a lawsuit is asking for, most commonly it is for monetary damages

Answer 73

Remedy

Question 74

Literally, the thing speaks for itself, a doctrine which shifts the burden of proof to the defendent who must prove that their negligence was not the cause of the plantiff's injury

Answer 74

Res ipsa loquitor

Question 75

res judicta

Answer 75

The thing has been decided, the matter has been adjudged

Question 76

Respondeat superior

Answer 76

Literally, let the master answer, the legal doctrine that imposes liability on employers and makes them pay for torts committed by their employees within the scope of the employer's business

Question 77

The order of an appellate court overturning a lower court decision

Answer 77

Reversal

Question 78

Cancellation of an instrument previously made

Answer 78

Revocation

Question 79

A penalty or punishment that may be imposed by a court for violation accepted norms of social conduct

Answer 79

Sanction

Question 80

The agreement of parties to a lawsuit or potential lawsuit to amicably resolve their differences

Answer 80

Settlement

Question 81

Liability without fault, engaged in activity with inherent risk of injury

Answer 81

Strict liability

Question 82

When no essential facts in a case are disputed, no trial is held and the case is decided by the judge alone on the basics of law involved

Answer 82

Summary judgement

Question 83

A wrong resulting from a breech of a legal duty that exists by virtue of society's expectations regarding interpersonal conduct, does not involve a contract

Answer 83

Tort

Question 84

The person that commits a tort, a wrongdoer

Answer 84

Tortfeasor

Question 85

The imputation of liability upon one person for the actions of another

Answer 85

Vicarious liability

Question 86

To speak the truth, usually refers to the examination by the court or by the attorney's of prospective jurors, to determine their qualifications of jury service.

Answer 86

Voir dire