Glossary Of Legal Definitions
- Bar - A bar association
is a body of lawyers who, in some jurisdictions, are
responsible for the regulation of the legal profession.
In the law, the bar is also known as the community
of persons engaged in the practice of law ("members
of the bar").
- Lawsuit - A lawsuit
is a civil action brought before a court in which
the party commencing the action, the plaintiff, seeks
a legal remedy. If the plaintiff is successful, judgment
will be given in the plaintiff's favour, and a range
of court orders may be issued to enforce a right,
impose a penalty, award damages, impose an injunction
to prevent an act or compel an act, or to obtain a
declaratory judgment to prevent future legal disputes.
- Litigation - The
formal filing of a petition with a court that has
jurisdiction over the dispute and the parties. The
petition requires a timely answer from the party against
whom the suit is filed. All activities in the suit
must follow the Rules of Civil Procedures and Rules
of Evidence. The Court issues a scheduling order which
sets out deadlines for pre-trial procedures and a
trial date.
- Malpractice - Improper
or unethical conduct or unreasonable lack of skill
by a holder of a professional or official position;
often applied to physicians, dentists, lawyers, and
public officers to denote negligent or unskillful
performance of duties when professional skills are
obligatory. Malpractice is a cause of action for which
damages are allowed.
- Mesothelioma
- A benign (noncancerous) or malignant (cancerous)
tumor affecting the lining of the chest or abdomen.
Exposure to asbestos particles in the air increases
the risk of developing malignant mesothelioma.
- Negligence - Failure
to exercise the care toward others which would reasonably
be expected of a person in the circumstances, or taking
action which a reasonable person would not.
- Patent - A set of exclusive
rights granted by a government to a person for a fixed
period of time in exchange for the regulated, public
disclosure of certain details of an invention. The
person applying for a patent does not need to be the
inventor who created or authored the invention.
- 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 - A
settlement is a contract that is one possible result
when parties sue (or contemplate so doing) each other
in civil courts, usually seeking money as reparations
for the alleged wrongdoing of the defendants. The
plaintiff(s) and defendant(s) identified in the lawsuit
can agree to resolve the dispute between themselves
without a trial.
- Tort - A civil, not criminal,
wrong. An injury against a person or property, with
the exception of breach of contract.
- Trademark - A name,
symbol, or other device identifying a product, officially
registered and legally restricted to the use of the
owner or manufacturer.
- Wrongful Death - A claim
in tort against a person who can be held liable for
a death. The claim is brought in a civil action, usually
by close relatives. Unlike criminal law, private parties
may bring the suit. The defendant has fewer due process
and Constitutional protections such as immunity or
the right to refuse to give testimony.
- Wrongful Termination
- A cause of action alleging that the employer has
wrongfully fired the employee; reasons alleged can
include racial or sexual or age discrimination.
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