The following definitions are provided solely for the purpose of assisting readers who might not otherwise be familiar with these legal terms. They are meant to be general definitions for understanding the terms in this website; they are not precise or technical definitions and are not meant to be relied on in evaluating any legal question or for reaching any decision.
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Law Terminology
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| Affidavit: | A written statement made under oath. |
| Alternative Dispute Resolution: | Various alternatives to trial for a resolution of legal disputes. Includes mediation, arbitration and settlement conferences. |
| Appeal: | A request by a party for a higher court to review a lower court’s decisions. |
| Appellate Court: | This court is established to review appeals from the trial court. It can affirm or overturn, in whole or in part, a trial court’s decision. |
| Attorney: | A legal agent or person who practices law. |
| Bad Faith: | Actions designed to mislead a party; when referring to insurance companies, the refusal or negligence of insurer in fulfilling some duty or contractual agreement. |
| Bench Trial: | A case heard and decided by a judge without a jury. |
| Brief: | A written document prepared by an attorney to serve as the basis for a legal argument. It includes a summary of legal points and precedent, together with arguments to be presented to the court deciding the case. |
| Claim: | Asserting a right in court that is the result of certain occurrences or facts which give rise to an action enforceable at law. |
| Complaint: | A formal statement filed by the plaintiff with the court that sets forth his/her injuries and damages and why he/she believes the defendant is liable. |
| Contingency Fees: | Payment made to an attorney based upon or dependent upon a party’s successful resolution of the matter. |
| Damages: | Money or property a court or jury gives to an injured person. |
| Defendant: | A person, company or entity against whom someone brings a lawsuit. |
| Demand Letter: | A letter expressly stating a legal right and amount due as reasonable compensation for injuries to a person and/or property. |
| Deposition: | A form of discovery whereby the attorney calling for the deposition has the right to ask questions and obtain answers from a party, witness, or expert while that individual is under oath. A court reporter makes a word-for-word record of all that is said at the deposition. |
| Discovery and Liability: | The process by which parties learn or uncover information regarding a lawsuit. It includes written questions and oral depositions before a trial. |
| Guardian Ad Litem: | A guardian appointed by the court to represent the interests of a minor or person who is legally determined to be disabled. |
| Hearing: | Proceedings at which a judge, arbitrator or administrative officer makes determinations of fact or law after argument by both parties. Administrative hearings may be investigative or result in a final order or determination of the matter. Ex parte hearing is when only one party is present, although notice of the hearing may be given to the other party. |
| IME: | Attorneys representing injured people refer to this as an “independent medical examination”. An insurer may require the injured person to attend an IME in which they select the doctor of their choice and pay for the examination. |
| Lay Witness: | Generally someone with knowledge based on his/her first-hand observations, whose testimony is helpful to determine the facts at issue; Liability lay witnesses testify regarding the facts of the accident. Lay damage witnesses testify regarding the plaintiff’s injuries and the effects of those injuries on the plaintiff’s life. |
| Litigation: | A lawsuit or the process by which one is carried out. |
| Mediation: | A procedure by which an impartial third party meets with all the parties and attempts to find common ground so that a compromise can be reached to settle the claim or complaint. |
| Medical Malpractice: | A physician’s deviation from the applicable standard of care that a similar physician would exercise under the same circumstances. |
| Motion: | A formal written request, submitted by a party to a court on a specific issue, for consideration and resolution. |
| Negligence: | A deviation from the standard of care that a reasonably prudent person would have exercised under the same circumstances. |
| Personal Injury: | When a person is wrongfully injured by the negligent or intentional conduct of a wrongdoer. |
| Plaintiff: | The person or family, estate or guardian of a person injured who brings a lawsuit against a defendant. |
| Pleadings: | The formal, written documents filed by the parties with the court which set forth, or elaborate on, their respective claims and defenses. |
| Premises Liability: | Liability of landowners or those who are responsible for maintaining the property for activities or conditions occurring on the land. |
| Product Liability: | Liability of a manufacturer or seller of a defective product for any injuries or damages suffered as a result of the defective product. |
| Settlement: | When a case is concluded prior to a verdict at trial when all parties agree to drop the lawsuit in favor of accepting an agreement made outside of court. |
| Statute of Limitations: | Laws enacted by every state which govern the time frame when a lawsuit must be filed, and beyond which the claim can no longer be made. Statutes of limitation differ from state to state and according to the nature of the claim. |
| Subpoena: | A written command requiring a person to appear at a certain time and place to give testimony at a deposition or other proceeding. |
| Tort Law: | An area of law that provides a remedy to all parties who are injured as a result of a civil wrong. |
| Verdict: | A jury’s decision as to whether the facts warrant a judgment in favor of the plaintiff and, if so, the amount to which the plaintiff is entitled. |
| Wrongful Death: | When a person’s death is caused by the negligent act of a wrongdoer. |
