Legal Terminology

Question 1

Negligence per se

Answer 1

conduct treated as negligence without proof

Question 2

slander

Answer 2

because it is spoken, is more difficult to establish

Question 3

contributory negligence

Answer 3

is similar to comparative negligence in that the victim is partly responsible for his/her own injury

Question 4

malice

Answer 4

the intentional doing of a wrongful act, without just cause or excuse, with the intent to inflict injury

Question 5

indictment

Answer 5

a formal, written accusation by a public prosecutor, submitted to a grand jury and charging a crime

Question 6

defendant

Answer 6

in criminal cases, the accused. In civil cases, the one who is sued and who must defend against a claim of wrongdoing brought by another.

Question 7

libel

Answer 7

is written publication that exposes someone to public scorn, hatred, contempt, or ridicule, especially if related to an individual’s profession or livelihood.

Question 8

summons

Answer 8

a written instrument notifying a defendant that a lawsuit has commenced against him/her

Question 9

civil law

Answer 9

pertains to a crime - any act the government has deemed to be injurious to the public and actionable in a criminal proceeding

Question 10

battery

Answer 10

is the unlawful touching or application of force to another human being without his/her consent

Question 11

discovery

Answer 11

pretrial devices used by the parties’ lawyers to gather information or knowledge about the case

Question 12

res judicata

Answer 12

Latin for a thing decided. Once a court of competent jurisdiction has decided a matter, that decision continues to bind those parties in any future litigation on the same issue.

Question 13

tort-feasor

Answer 13

the person who commits a tort

Question 14

witness

Answer 14

a person who gives sworn testimony in a court proceeding

Question 15

defamation

Answer 15

the communication to a third person of that which is injurious to the reputation or good name of the victim. Oral defamation is slander. Written defamation is libel.

Question 16

appearance

Answer 16

the coming into court of a person on being summoned to do so

Question 17

prosecutor

Answer 17

a public official, either elected or appointed, who conducts cases on behalf of the government against persons accused of crimes

Question 18

injunction

Answer 18

a judicial direction to a party to do or to refrain from doing some act

Question 19

regulations

Answer 19

to implement statutes (laws) passed by legislative bodies, the executive branch of government (the president and the various federal agencies she/he oversees), through these administrative agencies writes regulations

Question 20

code

Answer 20

a compilation of statutes and regulations

Question 21

retainer

Answer 21

a fee paid an attorney in advance for services on a case

Question 22

actionable

Answer 22

conduct giving rise to a cause for legal action

Question 23

adjudication

Answer 23

decision or disposition of a case by the announcement of a judgment or decision by the court or other body

Question 24

tort

Answer 24

a wrong. literally, tort means twisted. A tort exists when (a) a legal duty is owed by a defendant to a plaintiff, (b) that duty is breached, and (c) the plaintiff is harmed as a direct result of the breach of duty

Question 25

affidavit

Answer 25

written statement given under oath before an officer having authority to administer oaths

Question 26

search warrant

Answer 26

a written order from a judge permitting certain law enforcement officers to conduct a search for and seize specified things or persons

Question 27

subpoena duces tecum

Answer 27

a written court order for a person to bring to a judicial proceeding certain objects or documents in his/her possession

Question 28

arraignment

Answer 28

an early step in a criminal proceeding at which the defendant is formally charged with an offense

Question 29

common law

Answer 29

the accumulation of opinion handed down by judges. It is an outgrowth of court decisions over hundreds of years.

Question 30

fraud

Answer 30

intentional deception that results in injury to another

Question 31

res ipsa loquitur

Answer 31

a Latin phrase that literally means the thing speaks for itself.

Question 32

directed verdict

Answer 32

a verdict given by a jury at the direction of a judge

Question 33

damages

Answer 33

money awarded by a court (or jury) to a person who has been wronged by the action of another

Question 34

subpoena

Answer 34

a written order issued by a court to require the appearance of person in court

Question 35

motion

Answer 35

an application to the court asking for an action favorable to one's side

Question 36

stare decisis

Answer 36

a Latin phrase meaning to stand by that which was decided earlier. The doctrine of stare decisis means that once a court has laid down a principle of law as applicable to a certain set of facts, it will adhere to that principle in all future cases in which the facts are substantially the same.

Question 37

statutes

Answer 37

the law under which we live. In the United States they are the acts passed by the federal and state legislatures.

Question 38

accuse

Answer 38

to directly charge a person with committing an offense that is recognized as being against the law

Question 39

aggrieved party

Answer 39

one whose legal rights have been invaded or who has suffered a loss or injury

Question 40

litigants

Answer 40

the parties to a lawsuit, i.e., the plaintiff and defendant

Question 41

counterclaim

Answer 41

a counter demand by a defendant against a plaintiff (accuser), not merely responding to the accuser, but asserting an independent cause of action against the accuser

Question 42

assault

Answer 42

an attempt to inflict bodily harm on another person that creates well-founded fear of imminent peril

Question 43

deposition

Answer 43

a statement given under oath, reduced to writing, and authenticated by a notary public

Question 44

amicus curiae

Answer 44

literally, a friend (amicus) of the court (curiae). An amicus curiae brief is a written document that provides the court with information that might otherwise escape attention.

Question 45

arbitrator

Answer 45

an impartial person chosen by the parties to an argument to decide the issue between them

Question 46

negligence

Answer 46

the failure to exercise the degree of care a reasonable person would exercise under the same circumstances, which results in injury to another

Question 47

consent, informed

Answer 47

consent given after full information regarding the matter has been provided to the person consenting

Question 48

criminal negligence

Answer 48

recklessness or carelessness resulting in injury or death punishable as a crime

Question 49

appeal

Answer 49

the request by a party to a lawsuit for a higher court to review a lower court's decision when she/he believes the lower court committed error

Question 50

acquit

Answer 50

to set a person or corporation free of accusations(s)

Question 51

comparative negligence

Answer 51

in some states one can recover damages even though he/she was negligent him/herself

Question 52

arrest warrant

Answer 52

a written order for the arrest of a person from a judge having authority in that jurisdiction

Question 53

false imprisonment

Answer 53

is another tort occasionally related to assault and battery; it is the confining of another human being within fixed boundaries against his/her will

Question 54

assumption of risk

Answer 54

the principle that a person may not recover for an injury he/she received when he/she voluntarily exposed him/herself to a known danger

Question 55

admission

Answer 55

the acknowledgement of certain facts by a party in a civil or criminal case, does not necessarily constitute a confession of guilt