Your Free Legal Guide
Ehline Law Firm has brought this free Ehline Online Legal Dictionary to help consumers and lawyers understand general legal definitions as they are commonly understood in the California legal community. Your experts at the Ehline law firm have gained recognition as among the best. Our reputation stands on its own. This dictionary is just one of the reasons why. Please read on in our free, easy-to-access document.
A.
Abatement: to remove, diminish, or reduce.
Abrogate: violate, cancel out, destroy, revoke, void out.
Abscond: used when vanishing away to travel covertly in secret. Hence, it is out of the court’s jurisdiction to improperly leave stolen property and run away.
Abstention: when one court won’t exercise jurisdiction and defers to a different court. Therefore, taking under submission is pending what the lower court determines.
Abuse of Discretion: legal standard applied by courts of appeal to review whether or not agencies’ discretion. Most noteworthy, the trial court, administrative agencies, and other entities exceeded the trial court’s power when it ruled.
Abuse of Process: the improper use of the legal process for an improper purpose
Acceleration: to quicken, speed up, to hasten.
Accord: legal word for an agreement between two or more parties.
Accrue: to build up, or to accumulate, collect up, or come into being, such as a legal right or Cause of Action as a court-enforceable legal right of 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. Hence, owed by one party to another, such failure results in injury.
Act of God: forces of nature that are impossible to predict.
Actual Damages: losses that are proven to have been incurred as a result of the wrongful act of another.
Ad Damnum: (lat.) the number of damages typically demanded in the context of a lawsuit.
Additur: an increase by the court in the number 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 the evidence presented.
Ad Litem: (lat.) for the lawsuit.
Admiralty and Maritime Jurisdiction: jurisdiction over actions related to events occurring on navigable waters.
Admission: a voluntary acknowledgment that specific facts do exist or are true
Alienation of Affections: a tort-based upon a third party’s willful, malicious, or intentional interference with a marriage relation.
Alter Ego: (lat.) the other-self. Under this legal doctrine, the Law will disregard the personal Liability an individual has due to the existence of a corporate entity. 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 the statute.
Annuity: a contract that provides for the payment of a fixed sum, usually over some time. Furthermore, it is often utilized to fund a structured settlement.
Anul: to make void, do away with (Think a marriage annulment. Sort of like a thing that was not a meeting of the minds and, thus, invalid.).
Answer: the court papers were filed on behalf of the defendant in response to the plaintiff’s complaint.
B.
Bailiff: a court attendant.
Barrister: in England, one of two classes of legal practitioners is 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: the rule of Law of evidence requiring the original writing, recording, or photograph.
The Burden of Proof: the burden of 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: property loss due to fire, storm, or other casualties.
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 point.
Citation: a reference to a book or other source of legal authority
Civil action: a judicial proceeding to protect a civil right created by common law or statute.
Civil Law: law concerned with non-criminal matters.
Liability, Civil: 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.
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 concerning the transaction.
Clear and Convincing: standard of proof; evidence greater than a mere preponderance.
Common law: the system of jurisprudence that is based on judicial precedent. As a result, rather than statutory laws, it comprises the most substantial body of Law in the United States.
Comparative Negligence: comparing responsibility between the plaintiff and the defendant or defendants.
Complaint: in a civil lawsuit, the first papers filed by the plaintiff set out the facts on which the claim for relief is based.
Compos Mentis: (lat.) mentally competent.
The conclusion of Fact: the conclusion reached through the use of facts and reasoning, without resorting to rules of Law
Conclusion of Law: conclusion reached through application of provisions of Law.
Conclusive evidence: irrefutable evidence.
Conflict of Interest: tending to one duty leads to disregarding another.
Conflict of Laws: Applicable Law of one state court that differs from the applicable Law of another state jurisdiction, which is also interested 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 between the parties placed on record, with the court having jurisdiction.
Consortium: the loss of services of the society of another.
Contempt of Court: willful disobedience of a court order or intentional interference with the administration of justice
Contingent Fee: a charge made by an attorney dependent upon the case’s outcome; the amount is usually a percentage of the Party’s recovery.
Continuance: a postponement.
Contribution: a legal right of a party responsible to the victim for reimbursement from another person.
Contributory Negligence: the Negligence of the injured Party, recognized as conduct that contributed to the loss.
Costs: court-recognized expenses of the legal proceedings for which the victorious Party is entitled to reimbursement from the other party.
Criminal Negligence: an act of Negligence that violates the Law and constitutes a crime.
D.
Damages: money compensation awarded to a person who another has injured; see ACTUAL DAMAGES, CONSEQUENTIAL DAMAGES, LIQUIDATED DAMAGES, NOMINAL DAMAGES, PUNITIVE DAMAGES
Damnum absque Injuria: (lat.) harm without injuryInjuryratory Judgment: a review and determination by the court, sometimes with the assistance of a jury. This is a matter of determining the parties’ rights or expressing the court’s opinion 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, it occurs when a defendant fails to explain the court papers filed by the plaintiff, charging the defendant with wrongdoing.
Defense: the defendant’s statement of reasons why he should not be liable to the plaintiff for the allegations made.
De Jure: (lat.) by right; lawful.
Delayed Discovery Rule: The delayed discovery rule was created to protect negligence claims from the statute of limitations, which could have expired before the plaintiff knew they had a legal claim.
Deliberation: the juror’s process of pondering and weighing facts, applying the Law, and coming to a verdict.
Demand: the amount of money requested by the plaintiff
Demonstrative evidence: evidence that aids by its ability to demonstrate an object or thing that the trier of fact can view.
De Novo: (lat.) from the very beginning; anew.
Depose: to give evidence or testimony under oath on the record.
Deposition: the taking of statements before trial, where all parties’ attorneys are asked to be present to ask 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 of the litigation to acquire information in preparation for trial.
Discretion: exercising an official prerogative to act in an official capacity.
District Court: court having jurisdiction over a territorial district.
Due Care: a tort law theory explaining the standard of care or the legal duty one owes to others; what a reasonable person would do under similar circumstances.
Duty: obligation owed by a person to another person.
E.
Election of Remedies: a choice of 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 action under the rules of civil procedure.
En Ventre Sa Mere: (lat., fr.) in gestation; in the womb of one’s mother.
Equitable: due consideration for what is fair under particular circumstances.
Erroneous: about a mistake.
Estoppel: precluding from asserting.
Exemplar: a replica of the actual item involved.
Exhaustion of Remedies: a judicial policy or statutory requirement that specific administrative steps be taken before the court considering the controversy.
Exhibit: an item of evidence presented to the court for consideration.
Ex Parte: an application made by one Party to the proceeding without the presence of the opposing Party.
Expert Witness: a witness having particular knowledge of the subject he is called upon to testify; permitted to aid the jury in understanding information outside of their collective wisdom.
F.
Fact-Finder: a person or persons that have the responsibility of determining the facts in question.
Failure to Prosecute: procedural inability in a matter in litigation 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 the determination of facts in the courts of Law.
Foreseeability: a tort law requires that the consequences of a party’s action or inaction could reasonably result in the injury.
Non-Conveniens: (lat.) an inconvenient place to proceed.
G.
Gag Order: an order by the court restricting comment on or releasing information about the proceedings.
Garnishment: a procedure to take control of a person’s assets or income judicially determined to be owed or belonging to another person and, for example, used in both government and civil cases.
Good Cause: significant or legally adequate reason for the doing of some act
Reasonable Faith: a properly intended deed free from an improper motive
Governmental Immunity: a legal precept of the government’s sovereignty rendering it exempt from Liability for its acts or failures. Often used by state, federal, and local governments.
Grand Jury: a group of individuals designated by Law to determine whether enough evidence exists to merit a charge against the criminally accused. Civil Law has no parallel, although many states require a review and certification before a patient takes action against a doctor or other person or entity providing medical services.
Gross Negligence: conduct worse or more serious than a simple departure from reasonable care. However, there is less than a complete disregard for any concern owed to others.
Guardian: one who legally has supervision and responsibility for a person
Guardian ad Litem: An individual protector appointed by a court to oversee the legal rights of an incompetent individual under the Law. (Besides: Read more.)
Guilty: the determination by a jury that the accused has committed a crime. However, the 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 to 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 claims, 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 state’s tort law. Whereby a physical contact with the person must occur in the 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 the procedure whereby a third party enters an existing lawsuit
Implied Consent: consent 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 responsible for the loss that another has sustained
In Forma Pauperis: (lat.) as would be a pauper. Usually, it 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: consent obtained after 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 that 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 injuryInjurycted upon another
In Limine: (lat.) at the beginning
Loco Parentis, In: (lat.) in the place of the parent
In Personam: (lat.) against the person
In Re: in the matters of
Rem, I’m: (lat.) action against a thing, as opposed to a lawsuit against a person.
Instruction: the Law as given by the court to the jury before 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 is not certain to whom it rightfully belongs among several claimants. 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 one Party sends written questions 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 person’s private life
Invitee: one who comes upon the land of another by invitation of the owner
Ipsa Dixit: (lat.) he said it himself
Irreparable InjuryInjuryss for which no remedy at Law would be enough, and therefore, a court sitting in equity may order an extraordinary relief other than money damages
Issue: the item of fact or Law in dispute
Issue Preclusion: an issue decided in previous litigation that after that precluded from re-litigation
J.
J. D.: Juris Doctor; the degree bestowed after law school graduation. Furthermore, the degree was formerly designated LL. B.
Joinder: uniting of parties to a single case or litigation
Joint and Several: sharing of right or Liability between parties individually as well as jointly
Enterprise, Joint: an agreement of two or more parties to take on a particular goal or project
Liability, Joint: a doctrine of Liability making all parties who are responsible for a loss each share full responsibility
Joint Venture: a business undertaking by two or more parties in which profits, losses, and control are shared
Jones Act: a federal law that grants a seaman who suffers an injury to his or her person during employment a right to damages
Judge-Made Law: the Law that is decided by judicial interpretation as opposed to legislative enactment and is often termed common Law
Judgment: judicial determination of a matter
Judicial Notice: a rule of legal convenience that negates the need for proof of the matter
Jurisdiction: the authority of a court to hear and determine a thing
Jurisdictional Amount: an amount of money in controversy required for a court to have the power to hear and decide a matter
Jurisprudence: the topical area of the science of Law and societal order
Jurist: a legal scholar
Juror: an individual empaneled as a member of a jury
Jury: the group of individuals empaneled 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 on 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 an adverse party, thereby operating as a bar in a court of equity
Latent Defect: a defect not discoverable by an ordinary inspection; see HIDDEN DEFECT.
Law Office Study Program: A few states offer that allows one to become a lawyer without law school or undergrad.
Law of the Case: a legal principle that states that a determination of Law by a higher court is considered correct during all subsequent hearings in the proceedings unless the question is being heard by a court more elevated 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 a notice 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 area but is tolerated
Limine: see MOTION IN LIMINE
Liquidated Damages: a sum of money agreed upon by the parties to a contract paid as damages if a breach of the contract
Lis Pendens: (lat.) a pending suit
Long Arm Statues: statutory laws empowering a court to obtain jurisdiction over a nonresident defendant
Lord Campbell’s Act: the English rule 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 paid in one payment as opposed to a structured settlement, which is paid out over some time in several payments
M.
Magistrate: In the federal court system, a person is appointed to serve as a court representative. They are often given many responsibilities that the federal judge would otherwise perform.
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 by 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 that terminates a trial in progress
Mitigation of Damages: a duty owed by the Party who sustained an 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 fictional case based upon a factor that is not recognizable or already resolved (aka it no longer exists.)
Motion: a written or oral request to the court order to allow or prohibit some item or to ask the court to take particular action about the litigation.
Motion in Limine: a request made by a party requesting the court to prevent the discussion or other presentation of a specific matter to the jury.
Municipal Court: a court that hears and determines issues concerning its laws and other matters within its jurisdiction as provided by Law.
N.
Negligence: failure to exercise that degree of care which an ordinarily prudent person would use 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 work 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 court-ordered judgment 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.
Demand, On: 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 their children commit before adulthood.
Pecuniary Damage: financial losses incurred.
Per Diem: (lat.) a day.
Personal Injury Attorney: A lawyer practicing tort law (learn more.).
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: Each party must file papers with the court alleging 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 that establishes a right or reasoning of law that must be followed in the present case.
Pre-Emption: a judicial principle that states that certain federal laws apply over specific state laws
A preponderance of the evidence: the standard of proof in civil cases, more likely than not.
Presumption: a rule of Law that allows finding one fact from the presentation of another fact shown. An irrefutable presumption requires a finding of the presumed fact.
Prevailing Party: the winning Party in the matter.
Prima Facie Case: the existence of evidence on each required case point.
Privity: a sufficient relationship between parties to the same rights or property.
Product Liability: the 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. So that a reviewing court can know what was excluded from 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 about the facts of a case which the trier of fact must determine. For example, a jury in a jury trial or 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 that evidences a lack of concern for consequences.
Remand: to send back.
Remittitur: (lat.) to reduce, generally, in Law, 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 typically bears the burden of proving the defendant’s negligence. However, under the doctrine of res ipsa loquitur, this burden is somewhat alleviated. This evidentiary rule allows the court to infer negligence where the incident suggests that it would not have occurred without negligence.
Res Judicata: (lat.) the thing, decided.
Respondeat Superior: (lat.) let the superior reply. A legal principle whereby the master is responsible for the acts or omissions of their servant.
Restitution: to make good the loss for injuryInjurymage
Reversible Error: error in a trial that is significantly sufficient,t causing the entire trial to be reversed or a new trial. Hence, 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 that 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 so they will not be influenced by events and information not presented in the trial.
Seventh Amendment: the Amendment to the U.S. Constitution entitles every individual to the right to have his/her civil case heard by a jury if the amount in controversy exceeds twenty dollars
Show Cause Order: a command from the court to appear 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 entitles the accused in a criminal trial to the right to a speedy trial by a jury. Furthermore, SEE SEVENTH AMENDMENT for civil matters.
Sovereign Immunity: a doctrine granting immunity to the sovereign unless the sovereign consents to a suit; see GOVERNMENTAL IMMUNITY
Specific Performance: a remedy requiring a person who has breached a contract to perform precisely what was agreed upon and is available only when monetary damages would not suffice
Standing: the legal right of a person or entity bringing a lawsuit
Stare Decisis: (lat.) to stand by that which was decided; the legal principle that a lower court will follow that which a previous case has already determined
State Bar Association: A state bar association assists and directs specific requirements of the attorneys practicing Law in a particular U.S. state or territory. (Source.)
Statute of Limitations: the statutory Law establishing the time a plaintiff sues or is 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 if another is found to be responsible for the payee’s loss
Summary Judgment is a finding and entry of judgment by the court after a hearing and review of the claims and the parties’ evidence. Before a trial, the court determines that there is no genuine issue or dispute regarding any material facts available for presentation. In that case, as a matter of Law, the evidence is insufficient to allow such a claim to continue, and judgment is rendered 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 creating 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 that causes injuryInjuryresult 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 waiving 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 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.
Ultra hazard Activity: conduct or any activity that involves such a great potential for harm or injuryInjurythe 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 attorneys ask the potential jurors questions. The court may also ask to determine their qualifications and suitability to sit as jurors in a 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 sworn at a trial, providing evidence in a case
Work Product: the work done by an attorney representing a client. Ordinarily privileged and not subject to discovery
Wobbler: Under California law, a “wobbler” is an offense that criminal prosecutors may elect to charge as (1) a misdemeanor or (2) a felony. However, this depends on whether justice is served under the case’s specific facts and the defendant’s criminal history.
Wrongful Death Statutes: 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.
Understanding the Terms
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Ehline Online Dictionary Borrowed from Misc, Publicly Available Resources, and Michael Ehline’s Terms He Created to Study for the California Bar Exam. All rights reserved and not intended as specific legal advice. For more info, contact the Ehline Law Firm APLC. A legal guide by Michael Ehline of the Ehline Law Firm. Do not copy without written permission. Not intended to replace legal advice. Always speak to an attorney for more info.
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