AAbatement:
a diminishment, a reduction
Abrogate: to cancel, destroy, revoke or void
Abscond: to vanish, to travel covertly out of the
court's jurisdiction
Abstention: a legal policy whereby one court declines
to exercise its jurisdiction and defer to a different court
Abuse of Discretion: a standard applied by appellate
courts in reviewing the exercise of discretion by trial courts,
administrative agencies and other entities
Abuse of Process:
the improper use of the legal
process
Acceleration:
to speed up, to hasten
Accord: agreement
Accrue: to accumulate, to collect, to come into
existence, as to a right or cause of action, to come into
existence as an enforceable legal claim
Action (At Law):
a legal right whereby one party
prosecutes another for a wrong
Actionable: giving rise to a cause of action
Actionable Tort: the failure to perform a legal duty
created by statute or common law owed by one party to another
which such failure results in injury
Act of God: forces of nature which are impossible to
predict
Actual Damages:
losses which are proven to have
incurred as a result of the wrongful act of another
Ad
Damnum:
(lat.) the amount of damages demanded
normally in the context of a lawsuit
Additur: an increase by the court in the amount of
damages awarded by the jury
Adjourn: to suspend; to delay a court proceeding
through recess
Adjudication:
a determination of the controversy and a
pronouncement of a judgment based on evidence presented
Ad
Litem: (lat.) for the lawsuit
Admiralty and Maritime Jurisdiction: jurisdiction over
actions related to events occurring on navigable waters
Admission: voluntary acknowledgment that certain facts
do exist or are true
Alienation of Affections:
a tort based upon willful,
malicious or intentional interference of a marriage relation by
a third party
Alter Ego: (lat.) the other self. Under this legal
doctrine, the law will disregard the personal liability an
individual has as a result of the existence a corporate entity
and will regard an act as the act of the individual rather than
solely the act of the corporation
American Bar Association
(A.B.A.): a national
organization of lawyers and law students
Amicus Curiae:
(lat.) a friend of the court
Annotation: citing a particular case of statute
Annuity: a contract that provides for the payment of a
fixed sum usually over a period of time, and often utilized to
fund a structured settlement
Annul: to make void, to do away with
Answer: the court papers filed on behalf of the
defendant in response to plaintiff's complaint
BBailiff:
a court attendant
Barrister: in England, one of two classes of legal
practitioners; an English trial lawyer
Battery: an intentional or unlawful application of
force to the person of another; an unlawful touching
Bench Trial:
a trial in which the court determines the
facts without a jury; trial by judge
Best Evidence Rule:
rule of the law of evidence
requiring the original writing, recording, or photograph
Burden of Proof:
the burden that rests with each party
to the litigation to convince the jury in a jury trial or the
judge in a bench trial of that party's case
C
Casualty Loss: a loss of property due to fire, storm, or
other casualty
Cause of Action: the existence of particular facts and
law that create a right sufficient to merit judicial action
Cautionary Instruction:
judge's charge to a jury
telling them not to allow any outside matter to influence their
verdict
Caveat: (lat.) warning or caution
Cease and Desist Order:
a court order prohibiting the
person or entity to which it is directed from undertaking or
continuing a particular activity or course of conduct
Circuit Court:
one of several courts in a given
jurisdiction; a part of a system of courts
Circumstantial Evidence:
indirect evidence of a fact;
evidence that indirectly suggests proof of a fact
Citation: a reference to a book or other source of
legal authority
Civil Action:
a legal proceeding brought to protect a
civil right created by common law or statute
Civil Law:
law concerned with non criminal matters
Civil Liability:
liability for actions seeking
enforcement of personal rights
Class Action:
a lawsuit brought by a representative
member on behalf of a large group of persons or members of the
group
Clayton Act:
prohibits price fixing and other types of
discrimination
Clean Hands: the doctrine that requires that a person
who seeks equitable relief must not himself have committed any
impropriety with respect to the transaction
Clear and Convincing:
standard of proof; evidence
greater than mere preponderance
Common Law:
the system of jurisprudence which is based
on judicial precedent rather than statutory laws and comprises
the largest body of law in the United States
Comparative Negligence:
the comparing of
responsibility between the plaintiff and the defendant or
defendants
Complaint:
in a civil lawsuit, the first papers filed
by the plaintiff setting out the facts on which the claim for
relief is based
Compos Mentis:
(lat.) mentally competent
Conclusion of Fact:
the conclusion reached through use
of facts and reasoning, without resort to rules of law
Conclusion of Law:
conclusion reached through
application of rules of law
Conclusive Evidence:
evidence which is irrefutable
Conflict of Interest:
a situation where the tending of
one duty leads to disregard of another
Conflict of Laws:
applicable law of one state court
which differs with the applicable law of another state
jurisdiction which also has an interest in the outcome
Consanguinity:
the familial relationship of persons
united by one or more common ancestors
Consent, Informed:
see INFORMED CONSENT
Consent Judgment:
an agreement of the parties which is
placed on record with the court having jurisdiction
Consortium:
the loss of services an society of another
Contempt of Court:
a willful disobedience of a court
order or a willful interference with the administration of
justice
Contingent Fee:
charge made by an attorney dependent
upon the outcome of the case; the amount is usually a percentage
of the party's recovery
Continuance:
a postponement
Contribution:
a legal right of a party who is
responsible to the victim for reimbursement from another person
Contributory Negligence:
the negligence of the injured
party which is recognized as conduct which contributed to the
loss
Costs: court-recognized expenses of the legal
proceedings for which the successful party is entitled to
reimbursement from the other party
Criminal Negligence:
an act of negligence that is a
violation of law and constitutes a crime
D
Damages: money compensation awarded to a person who
has been injured by another; see ACTUAL DAMAGES, CONSEQUENTIAL
DAMAGES, LIQUIDATED DAMAGES, NOMINAL DAMAGES, PUNITIVE DAMAGES
Damnum Absque Injuria:
(lat.) harm without injury
Declaratory Judgment:
a review and determination by
the court, sometimes with the assistance of a jury, of a matter
to determine the rights of the parties or express the opinion of
the court on a question of law or interpretation
Decree: a decision or order of a court, usually in
equity; a final decree disposes of all matters before the court;
an interlocutory decree disposes of only part of the lawsuit and
often may not be appealed until the conclusion of the entire
case
Default Judgment:
a judgment entered against a party
for that party's failure to answer or comply as required by
procedure laws. Most often occurs when a defendant fails to
answer the court papers filed by the plaintiff charging the
defendant with wrongdoing
Defense: the defendants statement or reasons why he should
not be liable to the plaintiff for the allegations made
De
Jure: (lat.) by right; lawful
Deliberation:
the jurors process of pondering and
weighing of facts, applying the law, and coming to a verdict
Demand: the amount of money requested by the plaintiff
Demonstrative Evidence:
evidence which aids by its
ability to demonstrate; object or thing which can be viewed by
the trier of fact
De Novo: (lat.) from the very beginning; anew
Depose: to give evidence or testimony under oath on
the record
Deposition:
the taking a statements prior to trail
where all parties attorneys are asked to be present for the
asking of questions of parties or witnesses while the
proceedings are recorded by some approved method
Derogation:
to repeal or abolish a law
Directed Verdict:
a verdict entered in a jury trial by
the judge before the jury is allowed to consider the merits of
the case
Discovery:
a procedure utilized by the attorneys to
the litigation to acquire information in preparation for trial
Discretion:
the exercise of an official prerogative to
act in an official capacity
District Court:
court having jurisdiction over a
territorial district
Due Care: a theory of tort law to explain the standard
of care or the legal duty one owes to others; what a reasonable
person would do under like circumstances
Duty: obligation owed by a person to another person
E
Election of Remedies: a choice of possible remedies
sanctioned by law for a particular injury or wrong
En Banc: (lat., fr.) by the full court
Enlargement:
the allowance of additional time to do a
required act under the rules of civil procedure
En Ventre Sa Mere:
(lat., fr.) in gestation; in the
womb of ones mother
Equitable:
due consideration for what is fair under
particular circumstances
Erroneous:
pertaining to a mistake
Estoppel: precluding from asserting
Exemplar: a replica of the actual item which was
involved
Exhaustion of Remedies:
a judicial policy or statutory
requirement that certain administrative steps be taken before
the court will consider the controversy
Exhibit: an item of evidence which has been presented
to the court for consideration
Ex
Parte: an application make by one party to the
proceeding without the presence of the opposing party
Expert Witness:
a witness having particular knowledge
of the subject about which he is called upon to testify;
permitted to aid the jury in understanding information outside
of their common knowledge
F
Fact-Finder: a person or persons that has the
responsibility of determining the facts in question
Failure to Prosecute:
the failure to proceed in a
matter in litigation as expected by the court; a failure to
pursue
Federal Courts:
the courts of the United States
First Impression:
first discussion or consideration of
a particular matter
Foreperson of Jury:
the jury selected
Forensic: the branch of science that employs
scientific technology to assist in the determination of facts in
the courts of law
Foreseeability:
a tort law requirement that the
consequences of a parties action or inaction could reasonably
result in the injury
Forum Non Conveniens:
(lat.) an inconvenient place to
proceed
G
Gag Order: an order by the court restricting comment on,
or the release of information about the proceedings
Garnishment:
a procedure to take control over a
persons assets or income that have been judicially determined to
be awed or to belong to another person
Good Cause:
significant or legally adequate reason for
the doing of some act
Good Faith:
a properly intentioned deed that is free
from improper motive
Governmental Immunity:
a legal precept of sovereignty
of the government rendering it exempt from liability for its
acts or failures
Grand Jury:
a group of individuals designated by law
to determine whether enough evidence exists to merit a charge
against the criminally accused; no parallel in civil law
although many states require a review and certification prior a
patients bringing of an action against a doctor or other person
or entity providing medical services
Gross Negligence:
conduct that is worse or more
serious than a simple departure from reasonable care, but is
less than a complete disregard of any care owed others
Guardian: one who legally has supervision and
responsibility for a person
Guilty: the determination by a jury that the accused
has committed a crime; term is not relevant to civil law matters
H
Harmless Error: error which is not sufficiently
prejudicial to require reversal of the previous finding or
outcome
Hearsay Rule:
a rule of evidence that requires the
declarant be subject to cross-examination at the hearing; many
exceptions to the rule exist
Hidden Defect:
a defect or condition which is not
observable by a reasonable inspection; see LATENT DEFECT
Hung Jury:
a jury whose members cannot agree in
sufficient numbers to reach a verdict, unanimous in criminal
cases, federal civil cases and three-quarters in some other
states civil cases
I
Immaterial: a rule of evidence that requires that the
evidence must have a sufficient relationship to the issue in
question
Immunity: a grant of freedom from responsibility
Impact Rule:
a requirement of some states tort law
whereby a physical contact with the person must occur in order
of damages for emotional distress to be recoverable
Impanel: to bring together in the courtroom the people
selected to serve as the jury
Impleader:
a rule of procedure whereby a third party
is brought into an existing lawsuit
Implied Consent:
a consent that is drawn from the
facts of the surrounding circumstances
Implied Contract:
a contract not expressly agreed upon
in written terms but one created by the conduct of the parties
Imputed Liability:
liability for the acts of another
person which arises out of the operation of law
In Absentia:
(lat.) in absence
In Camera:
(lat.) in chambers
Indemnity:
to wholly or partially responsibility for
the loss that has been sustained by another
In Forma Pauperis:
(lat.) as would a pauper. Normally
refers to the right granted by the court to allow a party to
proceed without the payment of costs due to financial inability
Informed Consent:
a consent that is obtained after a
full disclosure of the facts and risks involved; sometimes an
allegation in medical negligence cases
Inherent Defect:
a defect that exists and is natural
to the item
Injunction:
an order of the court which requires a
person or entity to refrain from pursuing a particular course of
conduct or activity
Injuria Absque
Damno:
(lat.) wrong or insult without
damage; see DAMAGE ABSQUE INJURIA
Injuria Non Excusat Injuriam:
(lat.) one wrong does
not justify another
Injury any damage or injury inflicted upon another
In
Limine:
(lat.) at the beginning
In Loco Parentis:
(lat.) in the place of the parent
In
Personam:
(lat.) against the person
In Re: in the matters of
In
Rem: (lat.) an action against a thing, as opposed
to an action against a person
Instruction:
the law as given be the court to the jury
prior to their deliberations which states the applicable law to
the issues in the case
Inter
Alia:
(lat.) among other things
Interim Order:
a temporary order
Interlocutory Order:
an order or ruling that
determines an intermediate issue, but does not dispose of the
case in chief
Interpleader:
a rule of procedure that allows a person
who has a thing or money not belonging to him, and who is not
certain to whom among several claimants it rightfully belongs,
may give the thing or money to the court to decide who gets the
thing or money
Interrogatories:
in civil actions, a pretrial
discovery tool in which written questions are sent by one party
and are to be answered under oath by the other party
Intervention:
a proceeding permitting a person to
enter into a lawsuit already in progress
Inter
Vivos:
(lat.) between the living
Invasion of Privacy:
the wrongful intrusion into a
persons private life
Invitee: one who comes upon the land of another by
invitation of the owner
Ipse
Dixit:
(lat.) he said it himself
Irreparable Injury:
a loss for which no remedy at law
would be sufficient and therefore a court sitting in equity may
order a special relief other than money damages
Issue: the item of fact or law in dispute
Issue Preclusion:
an issue that has been decided in a
previous litigation that thereafter is precluded from being
re-litigated
J
J. D. : Juris Doctor; the degree that is bestowed upon
graduation from law school. The degree was formerly designated
LL. B.
Joinder: uniting of parties to single case or
litigation
Joint and Several:
sharing of right or liability
between parties individually as well as jointly
Joint Enterprise:
an agreement of two or more parties
to take on a particular goal or project
Joint Liability:
a doctrine of liability making all
parties who are responsible for a loss to each share full
responsibility
Joint Venture:
a business undertaking by two or more
parties in which profits, losses and control are shared
Jones Act:
federal law that grants a seaman who
suffers injury to his or her person during the course of
employment a right to damages
Judge-Made Law:
law that is decided by judicial
interpretation as opposes to legislative enactment and is often
termed common law
Judgement:
judicial determination of a matter
Judicial Notice:
a rule of judicial convenience that
negates the need for proof of matter
Jurisdiction : the authority of a court to hear and
determine a matter
Jurisdictional Amount:
an amount of money in
controversy required for a court to have the authority to hear
and determine a matter
Jurisprudence:
the topical area of the science of law
and societal order
Jurist: a legal scholar
Juror: an individual who has been impaneled as a
member of a jury
Jury: the group of individuals who are impaneled to
decide on the facts involved in the trial
Jury Trial:
the determination of a case by a jury, the
jury decides the facts and the court instructs the jury of the
law to be applied to the facts
Justiciable:
a matter that is capable of being
determined by a court of law or equity with or without the aid
of a jury
L
Laches: neglecting to assert a right or claim which taken
together with a lapse of time and other circumstances, causes
prejudice to adverse party, thereby operating as a bar in a
court of equity
Latent Defect:
a defect not discoverable by the
exercise of an ordinary inspection, see HIDDEN DEFECT
Law of the Case:
a legal principle which states that a
determination of law by a higher court is considered as correct
during all subsequent hearings in the proceedings unless the
question is being heard by a court higher than the court that
made the ruling
Lay Witness:
a witness that is testifying as a witness
to a fact or an opinion as opposed to an opinion given by an
expert about a matter beyond the expected comprehension of the
jury
Leave of Court:
a request to the court to obtain
permission to do something that otherwise would not be
permissible
Lex Loci Delicti:
(lat.) the place where the wrong
took place
Liability:
responsibility or accountability for one's
breach of duty owed to another
Licensee: one of the classes of persons entering upon
the lands of another whereby the individual has not been invited
upon the land but is tolerated
Limine: see MOTION IN LIMINE
Liquidated Damages:
a sum of money agreed upon by the
parties to a contract that will be paid as damages if there is a
breach of the contract
Lis Pendens:
(lat.) a pending suit
Long Arm Statues:
statutory laws that empower a court
to obtain jurisdiction over a nonresident defendant
Lord Campbell's Act:
the English law that first
recognized the right of the family of a decedent to bring an
action for damages against the person who was responsible for
the death of their family member
Lump-Sum Payment:
an amount of money that is paid in
one payment as opposed to a structured settlement which is paid
out over a period of time in several payments
M
Magistrate: in the federal court system, this is a person
who is appointed to serve as a representative of the court and
is often given many responsibilities that would otherwise be
performed by the federal judge
Malfeasance:
the doing of an act in an improper,
wrongful, or unlawful manner
Malice: a spiteful state of mind
Malpractice:
a failure of a professional to act in
accordance with the acceptable course of conduct, negligence of
a member of a profession in a professional capacity
Maritime Law:
the body of law that governs navigation
and other activity in navigable waters
Mens Rea: a guilty mind
Misfeasance:
the improper performance of a required
act
Mistrial: an action taken by a court which terminates
a trial in progress
Mitigation of Damages:
a duty owed by the party who
sustained injury to his person or property to minimize the loss
by acting in a reasonably prudent manner
Money Judgment:
a judgment granting to one party the
right to receive money from another party
Moot Case:
a case that is fictional as it is based
upon a fact or right which is not recognizable or which has
already been resolved
Motion: a written or oral request to the court for an
order to allow or prohibit some item or to ask the court to take
a particular action with regard to the litigation
Motion in Limine:
a request made by a party asking the
court to prohibit the discussion or other presentation of a
particular matter to the jury
Municipal Court:
a court that hears and determines
matters concerning its own laws and other matters within its
jurisdiction as provided by law
N
Negligence: failure to exercise that degree of care which
an ordinary prudent person would exercise under the same or
similar circumstances
Negligence Per Se:
an act or failure to act that is
considered unreasonable conduct as a matter of law without the
need to consider surrounding circumstances
Next Friend:
a person who acts on behalf of a party
who for some reason of incapacity is not able to proceed and has
not had a court appointed guardian appointed to act in a
representative capacity
No Fault Insurance:
an insurance scheme wherein every
person injured in an automobile accident is compensated
irrespective of who was at fault
Nonfeasance:
the failure to perform a duty owed to
another
Nominal Damages:
a minute sum awarded, often only a
penny or a dollar
Nonsuit: a judgment ordered by the court against a
plaintiff who fails to proceed to trial
Nuisance: the hindrance or interference with the
interests of others
O
On All Fours: an expression used to characterize a case
where facts and law are similar to another's
On Demand:
as soon as requested
On the Merits:
a decision or ruling that deals with
the underlying basis of the case rather than a rule of procedure
P
Parental Liability: a statutory law that obligates
parents for certain wrongful acts committed by their children
prior to achieving adulthood
Pecuniary Damage:
financial losses incurred
Per Diem: (lat.) course of a day
Piercing the Corporate Veil:
a legal doctrine that
lifts a shareholder's shield of immunity for wrongful corporate
activity under special circumstances
Plaintiff:
the party who first initiates litigation
Pleadings:
papers required to be filed by each party
with the court which allege the facts, claims, and defenses
involved in the case
Prayer: the relief sought by the plaintiff in the
lawsuit as stated in his pleading to the court
Precedent:
a deviation in a prior case which
established a right or reasoning of law which must be followed
in the present case
Pre-Emption:
a judicial principle which states that
certain federal laws apply over certain state laws
Preponderence of the Evidence:
the standard of proof
in civil cases, more likely than not
Presumption:
a rule of law which allows the finding of
one fact from the presentation of another fact shown, an
irrebuttable presumption requires a finding of the presumed fact
Prevailing Party:
the winning party in the matter
Prima Facie Case:
the existence of some evidence on
each required point of a case
Privity: a sufficient relationship between parties to
the same rights or property
Product Liability:
principle of statutory and/or
common law that holds a manufacturer responsible without regard
for negligence if the product is defective
Proffer (of evidence):
to present to the record in a
trial what evidence a party has on a given point after the court
has refused its admission into evidence in order that a
reviewing court can know what was excluded at the original
proceeding
Pro Hac Vice:
(lat.) for this one particular occasion
Pro Se: (lat.) for himself; in law, it refers to a
person who represents himself without a lawyer
Punitive Damages:
an award of money to punish the
wrongdoer and to discourage all from similar wrongdoing
Q
Quantum Meruit: as much as it is worth
Quash: to annul or abandon by judicial decision
Question of Fact:
the existence of a controversy as to
the actual facts of a case which must be determined by the trier
of fact - a jury in a jury trial; the judge in a bench trial
R
Reasonable Care: the amount of care expected of an
ordinarily prudent person under the same or similar
circumstances
Rebuttal: evidence disproving other evidence
previously given
Reckless Disregard:
behavior or demeanor which
evidences a lack of concern for consequences
Remand: to send back
Remittitur:
(lat.) to reduce, generally in law it
describes a reduction of the jury's verdict made by the judge
Removal: the right of a defendant in a civil lawsuit
to have a case moved from state court to a federal court within
30 days of the service of the complaint if jurisdiction also
exists in the federal court
Rescission:
the cancellation of a contract
Res Ipsa Loquitur:
(lat.) the thing speaks for itself.
In a negligence lawsuit, the plaintiff generally has the burden
to prove that the defendant was negligent. The doctrine of res
ipsa loquitur is a rule of evidence which has the effect of
requiring the defendant to prove that he was not negligent in
certain circumstances
Res Judicata:
(lat.) the thing has been decided
Respondeat Superior:
(lat.) let the superior reply. A
legal principle whereby the master is responsible for the acts
or omissions of his/her servant
Restitution:
to make good the loss for injury or
damage
Reversible Error:
error in a trial which is
significantly sufficient to cause the entire trial to be
reversed or a new trial to be granted by a reviewing appellate
court
Risk of Non-Persuasion:
see BURDEN OF PROOF
Routine
Vacatur:
a procedure where a defendant settles
an unfavorable determination which occurred in the trial court
while the case is on appeal and has the appellate court vacate
the determination below
S
Scienter: (lat.) knowledge, prior knowledge
Scintilla:
a very minute amount of evidence
Sequester:
to separate, in law, refers to the
isolation of the jury from the world outside the courtroom in
order that they will not be influenced from events and
information not presented in the trial
Seventh Amendment:
the amendment to the U.S.
Constitution that entitles every individual to the right to have
his/her civil case heard by a jury if the mount in controversy
exceeds twenty dollars
Show Cause Order:
a command from the court to appear
before it and explain why something should not be done
Side-Bar: an area of the courtroom where the judge and
attorneys can converse outside of the jury's hearing
Sixth Amendment:
the amendment to the U.S.
Constitution that entitles the accused in a criminal trial the
right to a speedy trial by a jury, SEE SEVENTH AMENDMENT for
civil matters
Sovereign Immunity:
a doctrine granting immunity to
the sovereign unless the sovereign consents to be sued; see
GOVERNMENTAL IMMUNITY
Specific Performance:
a remedy requiring a person who
has breached a contract to perform specifically what was agreed
upon and is available only when money damages would not suffice
Standing: the legal right of a person or entity to
bring a lawsuit
Stare
Decisis:
(lat.) to stand by that which was
decided; the legal principle that a lower court will follow that
which has already been decided by a previous case
Statute of Limitations:
the statutory law which
establishes the time within which a lawsuit must be brought or
be forever barred
Stipulation:
an agreement by the attorneys on both
sides about some aspect of the case
Strict Liability:
liability without a showing of
negligence
Sub
Judice:
(lat.) before the court
Subrogation:
a right of repayment to a payor in the
event that another is found to be responsible for the payee's
loss
Summary Judgment:
a finding and entry of judgment by
the court after a hearing and review of the claims and the
evidence of the parties prior to a trial wherein the court
determines that there is no genuine issue or dispute as to any
material fact available for presentation and that the evidence,
as a matter of law, is insufficient to allow such claim to
continue and renders judgment in favor of one party
Subrogate Parent:
one who is not a child's parent, but
who stands in the place of the parent
Survival Statute:
statutory law that creates a right
on behalf of the estate of a deceased person to maintain a
lawsuit for any cause of action that would have existed had the
decedent not died
Syllabus: a summary paragraph usually prepared by the
court preceding the body of a reported case which in some
jurisdictions is the black-letter law of the jurisdiction
T
Tort: a civil wrong which causes injury as a result of a
breach of a legal duty owed to another
Tort Claims Act:
a statutory law enacted by the U.S.
Congress and many state legislatures that waives all or some
part of the government's immunity from tort liability
Trial: a proceeding or hearing of evidence in a court
having jurisdiction over the persons, entities, and subject
matter for a determination of all issues between the parties
based upon the applicable substantive law
Trial de Novo:
a new trial
U
Ultrahazard Activity: conduct or any activity that
involves such a great potential for harm or injury that the
person or entity performing such activity will be held strictly
liable for the outcome
V
Vacate: to set aside or to render void
Verdict: the conclusion of the court or jury which
becomes the basis for the judgment
Vicarious Liability:
the imputation of liability upon
one person or entity for the acts or failure to act of another
person or entity
Voir Dire:
(fr.) to see to speak; in law, it is that
portion of the trial where the potential jurors are asked
questions by the attorneys or the court to determine their
qualifications and suitability to sit as jurors in the
particular case
Volenti Non Fit Injuria:
(lat.) a volunteer suffers no
wrong; a person who consents to legal wrong has no legal right
W
Wanton: a heedless disregard for the outcome of one's
actions
Weight of the Evidence:
an expression stating an
evaluation of the balance of the evidence for each side of the
controversy after the conclusion of the controversy
Willful: a knowing disregard for the consequences of
one's actions
Witness: a person who is sworn at a trial to provide
evidence in a case
Work Product:
the work done by an attorney in the
process of representing a client which is ordinarily privileged
an not subject to discovery
Wrongful Death Statues:
statutory law that creates a
right to bring an action by the personal representative of an
estate of the deceased for the wrongful loss of the decedent's
life, also see LORD CAMPBELL'S ACT
Glossary printed from American Board of
Trial Advocates
