Legal Terms
Legal Jargon
Legal Lingo
Legal Argot
Legal Mumbo Jumbo
100
The plaintiff in a case has the duty of proving that the defendant is guilty.
What is Burden of Proof
100
A civil wrong, other than a breach of contract, for which on has the right to bring suit for recovery in a civil court
What is Tort
100
One who unlawfully enters or goes upon another’s property.
What is Trespasser
100
Improperly doing a legal act.
What is Misfeasance
100
Failure to do an act that one has a duty to perform.
What is Nonfeasance
200
One who is on the premises of another for his or her own advantage and without any enticement from the owner (A Salesperson).
What is Licensee
200
One who enters the premises of another by express or implied invitation of the owner and whose purpose in being there is advantageous to the owner.
What is Invitee
200
A doctrine applying to situations where something is on a person’s property that will attract young children, and that person has a duty to exercise due care to pre vent injury to them.
What is Attractive Nuisance Doctrine
200
An action to recover personal property that another is illegally possessing
What is Replevin
200
An action to recover personal property that another is illegally possessing
What is Replevin
300
The party who must contend against an appeal. Also known as an appellee.
What is Respondent
300
A decision or an order of the court that is retroactive.
What is Nunc Pro Tunc
300
Protection from tort prosecution that is given to government units and officials in connection with the performance of their official duties
What is Sovereign Immunity
300
An order to a writ of review or inquiry used in an appellate proceeding
What is Certiorari
300
The sending back of a case by the appellate court to a lower court. Also, the plaintiff returning damages awarded in a case that were in excess of what the plaintiff requested.
What is Remittitur
400
Damages awarded that are equal to and no more than the amount of the actual loss. The plaintiff would be awarded damages to compensate for the plaintiff’s actual loss and nothing more.
What is Compensatory Damages
400
The case is dismissed, and the plaintiff is not prevented from suing again on the same cause of action.
What is Dismissal without prejudice
400
Pertains to the policy of a court to follow precedent when deciding cases.
What is Stare Decisis (Let the decision stand):
400
A negligent act committed by one person but chargeable to another who is responsible for the other person’s acts. An employer may be held responsible for the negligence of an employee.
What is Imputation of Negligence
400
A presumption that the thing that happened does not normally happen unless there is negligence involved. It is a rebuttable presumption that may be proven otherwise by fact.
What is Res ipsa loquitur
500
A person who has no interest in a case but is called in by the judge to give advice regarding some matter of the law.
What is Amicus Curiae (Friend of the court):
500
A statement filed with an appellate court that gives the facts and points of law on which the appeal is based.
What is Brief
500
If a pedestrian is struck by a car while crossing a street against a red light and the car had ample time to stop and did not, the driver of the car may be held liable for the injury due to __________.
What is Doctrine of last clear chance: A plaintiff who was contributorily negligent may recover for injuries if the defendant has a Last Clear Chance to avoid the injury.
500
A loss that cannot be recovered in a court of law
What is Damnum absque injuria:
500
A plaintiff is not permitted to recover damages from the defendant in cases involving _______.
What is Contributory Negligence (The negligence of the plaintiff that, together with the negligence of the defendant, caused the injury):
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