A
Abatement: 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
B
Bailiff: 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
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