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Tags & Description
Acquit
To judge or declare the defendant not guilty at the conclusion of a trial.
Agony of the Moment
A condition of impending danger resulting in a decision to act that. consequently results in personal injury.
Act of God
A manifestation of the forces of nature that are unpredictable and impossible to foresee.
Actual Damages
Losses that can readily be proven to have been sustained and for which the injured party should be compensated as a matter of right.
Attractive Nuisance Doctrine
One who leaves something dangerous to child on his or her premises in a position and place that may attract children owes a duty to exercise reasonable care to protect them against danger.
Appeal
An application for judicial review by a superior court of an inferior court's decision.
Assumption of Risk
It is claimed that the plaintiff had knowledge of a situation obviously dangerous to himself and yet, assented voluntarily to expose himself to the hazard created by the defendant, who is thereby relieved of legal responsibility fir resulting injury.
In Loco Parentis
In the place of a parent.
Liability
A state of legal responsibility.
Negligence
The failure to correctly discharge the responsibilities of one's position.
Contibutory Negligence
Conduct of the part of the plaintiff that falls below the standard of care to which he should conform for his own protection and that when combined with the defendant's negligence, was a legally contributing cause bringing about the plaintiff's harm of injury.
Public Nuisance
Is an act that interferes with a right enjoyed by all members of the community.
Private Nuisance
Is an interference with the use or enjoyment of a person's land.
Reasonable Man Standard
An imaginary person who possesses and uses the qualities of carefulness, intelligence and judgement that society requires of its members for the protection of their own interests and the interests of others.
Suit
Legal proceedings brought by one person against another (to sue by bringing civil action against someone).
Plaintiff
The one who brings a suit. a plaintiff in a negligence action is entitled to succeed if he or she is able to establish three things to the satisfaction of the court (1) a duty of care exists, (2) there has been a breach of that duty, (3) damage has resulted from the breach.
Defendant
The party responding to the complaint - "one who is sued and called upon to make satisfaction for a wrong complained of by another".
Tort
A french word meaning "wrong"; in law it refers to any civil (non-criminal) wrong for which the injured party can sue for damages.
Civil Court
Deals with the rights and duties of persons (not criminal).
Criminal Court
Deals with the wrongs which the government has determined is injurious to the public - homicide, arson, rape, robbery, escape from prison, etc.
Summery Judgement
Pre-verdict judgement rendered by the court in response to a motion to the plaintiff or defendant who claims that the absence of factual dispute on one or more issues eliminates the need to send those issues to jury.
Respondent Superior
A master is liable in certain cases for the wrongful acts of his servants - for example, fails to hire competent personnel, or does not provide a safe environment.
Willful Misconduct
Bad management, dishonest conduct - denotes an act which is intentional or knowing or voluntary, as distinguished from accidental.
Wanton Misconduct
Bad Management, Dishonest Conduct - grossly negligent or careless, extremely reckless.
Volenti non fit injuria
Meaning if you have voluntarily consented to an act, you cannot receive damages for injuries resulting from that act.
Product Liability
Responsibility of manufacturers to normal users of their products who are unable to inspect the merchandise before consumption.
Punitive Damages
Damages awarded over and above those necessary to compensate the plaintiff for actual loss (ie. future costs - replacement car, necessary surgeries).
Affirmative Action
In employment law, any voluntary or required program or action designed to remedy discriminatory practices in hiring, training, and promoting of protected class members. Such programs attempt to eliminate existing and continuing discrimination, to remedy lingering effects of past discrimination, and to create procedures to prevent future discrimination.
Answer
In pleadings, the defendants response to the plaintiff's complaint or petition in Court the pleading is referred to as "The Statement of Defense".
Assault
In Tort Law and assault is defined as an act which one person causes in another imminent apprehension of harmful or offensive contact. In Criminal Law, an assault consists of the application of force against another and the attempt to do so.
Battery
An act which is Intended to and does cause a harmful or offensive contact with another person. In criminal law, such conduct is defined as an "assault".
Burden of Proof
In every lawsuit, one party has the burden of producing sufficient evidence to establish his or her case. Generally the burden is on the party bringing civil suit or prosecuting the criminal charge.
Comparative Negligence
The ability of a court to assess liability in a negligence case between a plaintiff and a defendant according to the comparative fault of each party.
Defamation
A false imputation on the character or reputation of another either in some written or permanent form (generally "libel") or orally ("slander").
Direct Verdict
Where the evidence adduced at a trial is so clear and convincing that no reasonable jury could reach a different conclusion. A judge may take the matter out of the hands of the jury and require them to enter a verdict in favour of the plaintiff or defendant.
Discovery
A formal process whereby one party is obligated to disclose certain information in his or her possession relevant to the lawsuit. This may take the form of production of certain documents or an oral examination of either party to the lawsuit. In the US an oral examination may also be known as "deposition".
Due Process
Fundamental fairness. As applied to judicial proceedings, adequate notice of hearing and an opportunity to appear and defend in an orderly tribunal.
Invitee
In the tort law defining the obligations of occupiers of property to those coming into his or her property. An invitee is one whose entry provides some business or economic advantage to the occupier. At common law, an occupier owed to such an invitee an obligation not to create unusual dangers in the condition of the premises, about which the occupier knows or should have known. Some jurisdictions have adopted occupiers Liability Acts which have established a general duty to make the premises reasonably safe for lawful entry.
Licensee
In Tort Law defining the obligation of occupiers of property to those coming onto his or her property, a licensee is someone who enters with the permission of the occupier, express or implied, but without any economic or business advantage to that occupier. The duty awed to a licensee at common law was not to create any hidden traps or concealed dangers about which the occupiers knew or had reason to know. Some jurisdictions have adopted dafe for lawful entry.
Reverse Discrimination
The unequal treatment of non minorities arising from affirmative action programs. Subject to certain conditions, the courts permit such discrimination where court ordered affirmative action is aimed at eliminating specific discriminatory practices or where affirmative action is strictly voluntary and temporary in nature.
Trespasser
Someone who unlawfully enters upon the land of another.
Waiver
Intentionally or voluntarily relinquishing a legal right.
Increased Leisure
individuals tend to have _____ ______ time and thus have more time to participate in recreational activities
the female sports boom
more and more females are participating in sport activities, requiring new teaching techniques and new equipment.
Television
has an ever-increasing influence on how we spend our leisure time. Increased sport coverage encourages participation from the audience.
lifetime sports
the popularity of ________ _________ (ie. tennis, bowling, skiing, et cetera) increases the potential of injury at some point during the participants life.
legal negligence
consumers tend to have a greater awareness of negligence issues. What were once considered to be reasonable precautions are often seen today to be inadequate.
Increased accessibility of legal services
the number of small claims courts has dramatically increased in the last several years.77
increased transportation of athletes
people have greater access to recreational programs.