Legal Glossary

Legal doctrine where plaintiffs acknowledge known dangers, potentially barring recovery if they voluntarily encounter ha...

A written statement of facts voluntarily made by a person under oath administered by an authorized officer.

A legal privilege that protects confidential communications between a client and their attorney from being disclosed wit...

Intentional harmful or offensive physical contact without consent, distinct from assault which involves threat of harm.

The obligation to prove one's allegations. In civil cases, the burden of proof is typically "by a preponderance of the e...

Critical element requiring plaintiffs to prove the defendant's actions directly caused their injuries through factual ("...

A principle that reduces a plaintiff's recovery based on their percentage of fault in causing the injury.

Monetary compensation categories including economic (medical bills, lost wages), non-economic (pain/suffering), and puni...

Legal obligation to exercise reasonable prudence to avoid harming others, foundational in negligence claims.

An out-of-court sworn testimony of a witness that is reduced to writing for later use in court or for discovery purposes...

Doctrine holding defendants liable for full injuries even if victim had pre-existing vulnerabilities.

A person with specialized knowledge, skill, experience, or education who may testify and help the judge or jury understa...

Central negligence concept assessing whether harm was reasonably predictable from defendant's actions.

Willful disregard for safety exceeding ordinary carelessness, often triggering punitive damages.

Status applied to repeat violators, impacting sentencing in criminal cases and liability assessments in civil matters.

Written questions during discovery requiring sworn responses about case facts.

Rare court order overturning jury decision when evidence overwhelmingly favors one party.

Legal claim against compensation awards to secure payment for medical providers or insurers.

Legal responsibility for one's actions or omissions. In personal injury cases, liability refers to who is legally respon...

Pre-agreed compensation amounts in contracts, not typically applicable in injury cases but relevant to settlement agreem...

Voluntary negotiation process with neutral facilitator, increasingly mandated pre-trial.

Failure to exercise the care that a reasonably prudent person would exercise in similar circumstances, resulting in harm...

Automatic liability when defendants violate safety statutes (e.g., traffic laws).

Non-economic damages covering physical/emotional distress, often calculated via multiplier methods.

Legal limitation on liability to consequences directly flowing from negligent acts.

"As much as deserved" principle for unjust enrichment claims, relevant to service payment disputes.

"The thing speaks for itself" doctrine permitting negligence inferences when accidents wouldn't occur without wrongdoing...

A law that sets the maximum time after an event within which legal proceedings may be initiated.

Responsibility without fault proof, applied to product defects and ultrahazardous activities.

A civil wrong that causes someone else to suffer loss or harm, resulting in legal liability for the person who commits t...

Employer responsibility for employee actions within job scope.

Protection for attorney case preparation materials from discovery.

Physical proximity requirement for emotional distress claims in some jurisdictions.