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Basic Legal Terms

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Breach of Contract

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A violation of any of the agreed-upon terms and conditions of a binding contract.

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Tort

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A civil wrong which causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.

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Statute of Limitations

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A law that sets the maximum time the parties involved have to initiate legal proceedings from the date of an alleged offense.

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Burden of Proof

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The obligation to present evidence to support one's claim. In civil cases, this usually falls on the plaintiff.

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Negligence

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A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.

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Cause of Action

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A set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.

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Fiduciary Duty

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An obligation to act in the best interest of another party. For instance, a corporation's board member will have a fiduciary duty to the shareholders, a trustee has a fidiciary duty to the trust's beneficiaries.

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Jurisdiction

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The official power to make legal decisions and judgments, typically in a defined area of responsibility.

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Subpoena

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A legal document ordering someone to attend court as a witness or to bring documents relevant to a legal proceeding.

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Legal Capacity

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The ability of a person to enter into a contract, thereby assuming legal obligations and responsibilities.

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Interrogatories

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A written set of questions required to be answered under direction of a court by a party to a lawsuit as part of the discovery process.

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Admissible Evidence

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Evidence that is allowed to be presented to the jury or judge in a court of law because it is deemed relevant and not overly prejudicial.

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Res Judicata

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A legal doctrine meaning 'a matter already judged', which ensures the finality of a court's decision by preventing the same case from being tried again.

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Counterclaim

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A claim made to offset another claim, especially one made by the defendant in a legal action.

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Plaintiff

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The party who initiates a lawsuit before a court.

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Contract

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An agreement creating obligations that are enforceable or otherwise recognizable at law.

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Damages

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Money claimed by, or ordered to be paid to, a person as compensation for loss or injury.

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Precedent

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A principle or rule established in a previous legal case that is either binding on or persuasive for a court when deciding subsequent cases with similar issues or facts.

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Injunction

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A court order requiring an individual to do or refrain from doing a specific action.

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Verdict

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A decision on a disputed issue in a civil or criminal case as reached by a judge or jury.

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Cross-Examination

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The questioning of a witness produced by the other side in a trial to challenge or extend testimony already given.

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Liability

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The state of being responsible for something, especially by law.

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Settlement

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An agreement reached between parties in a lawsuit before the matter goes to a trial or a final judgment is passed.

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Legal Remedy

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The means by which a court enforces a right, imposes a penalty, or makes another court order to impose its will.

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Deposition

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A process where sworn, out-of-court oral testimony is given by a witness in a civil lawsuit for later use in court or for discovery purposes.

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Duty of Care

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A legal obligation which is imposed on an individual requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others.

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Complaint

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A formal document filed by the plaintiff which starts the lawsuit and outlines the grievances.

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Summary Judgment

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A procedural device used during civil litigation to promptly and expeditiously dispose of a case without a trial when there is no dispute as to the material facts of the case.

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Dependent

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A person who is financially supported by another, often used in tax and insurance contexts.

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Writ

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A form of written command in the name of a court or other legal authority to act, or abstain from acting, in a particular way.

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Amicus Curiae

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A 'friend of the court', which is a person or organization that is not a party to a case who assists a court by offering information, expertise, or insight that has a bearing on the issues in the case.

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Appeal

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To apply to a higher court for a reversal of the decision of a lower court.

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Discovery Rule

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A legal principle that extends the statute of limitations in situations where the injury or harm was not immediately discovered.

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Evidence

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Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

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Affidavit

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A written statement confirmed by oath or affirmation, for use as evidence in court.

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Tortfeasor

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An individual or entity who commits a wrong under tort law, thus causing injury or harm to another.

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Power of Attorney

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A legal document that gives someone the authority to act on another person's behalf in legal and financial matters.

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Defendant

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The party against whom the lawsuit is brought.

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Class Action

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A lawsuit filed or defended by an individual or small group acting on behalf of a large group.

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Hearsay

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Information that was heard by one person about another. In law, such evidence is usually excluded from trial because it is not a firsthand account.

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Lien

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A legal right or interest that a creditor has in another's property, lasting usually until a debt or duty that it secures is satisfied.

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Due Process

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The legal requirement that the state must respect all legal rights that are owed to a person. It balances the law of the land and protects an individual from it.

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Discovery

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A pre-trial procedure in a lawsuit where each party can obtain evidence from the other party by means such as depositions, questions, or requests for documents.

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Testimony

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A formal written or spoken statement, especially one given in a court of law.

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Proximate Cause

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An event sufficiently related to an injury that the courts deem the event to be the cause of that injury.

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Equitable Relief

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A court-ordered act or cessation of an action. It is a remedy available in disputes where monetary damages are not a sufficient solution.

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Pleading

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A formal statement of the cause of an action or defense.

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