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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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