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Basic Legal Terms
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Breach of Contract
A violation of any of the agreed-upon terms and conditions of a binding contract.
Tort
A civil wrong which causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act.
Statute of Limitations
A law that sets the maximum time the parties involved have to initiate legal proceedings from the date of an alleged offense.
Burden of Proof
The obligation to present evidence to support one's claim. In civil cases, this usually falls on the plaintiff.
Negligence
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.
Cause of Action
A set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.
Fiduciary Duty
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.
Jurisdiction
The official power to make legal decisions and judgments, typically in a defined area of responsibility.
Subpoena
A legal document ordering someone to attend court as a witness or to bring documents relevant to a legal proceeding.
Legal Capacity
The ability of a person to enter into a contract, thereby assuming legal obligations and responsibilities.
Interrogatories
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.
Admissible Evidence
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.
Res Judicata
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.
Counterclaim
A claim made to offset another claim, especially one made by the defendant in a legal action.
Plaintiff
The party who initiates a lawsuit before a court.
Contract
An agreement creating obligations that are enforceable or otherwise recognizable at law.
Damages
Money claimed by, or ordered to be paid to, a person as compensation for loss or injury.
Precedent
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.
Injunction
A court order requiring an individual to do or refrain from doing a specific action.
Verdict
A decision on a disputed issue in a civil or criminal case as reached by a judge or jury.
Cross-Examination
The questioning of a witness produced by the other side in a trial to challenge or extend testimony already given.
Liability
The state of being responsible for something, especially by law.
Settlement
An agreement reached between parties in a lawsuit before the matter goes to a trial or a final judgment is passed.
Legal Remedy
The means by which a court enforces a right, imposes a penalty, or makes another court order to impose its will.
Deposition
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.
Duty of Care
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.
Complaint
A formal document filed by the plaintiff which starts the lawsuit and outlines the grievances.
Summary Judgment
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.
Dependent
A person who is financially supported by another, often used in tax and insurance contexts.
Writ
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.
Amicus Curiae
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.
Appeal
To apply to a higher court for a reversal of the decision of a lower court.
Discovery Rule
A legal principle that extends the statute of limitations in situations where the injury or harm was not immediately discovered.
Evidence
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.
Affidavit
A written statement confirmed by oath or affirmation, for use as evidence in court.
Tortfeasor
An individual or entity who commits a wrong under tort law, thus causing injury or harm to another.
Power of Attorney
A legal document that gives someone the authority to act on another person's behalf in legal and financial matters.
Defendant
The party against whom the lawsuit is brought.
Class Action
A lawsuit filed or defended by an individual or small group acting on behalf of a large group.
Hearsay
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.
Lien
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.
Due Process
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.
Discovery
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.
Testimony
A formal written or spoken statement, especially one given in a court of law.
Proximate Cause
An event sufficiently related to an injury that the courts deem the event to be the cause of that injury.
Equitable Relief
A court-ordered act or cessation of an action. It is a remedy available in disputes where monetary damages are not a sufficient solution.
Pleading
A formal statement of the cause of an action or defense.
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