Does Legal Term

Action. In the legal sense, a formal complaint or a lawsuit before a court. The Glossary of Legal Terms defines more than 100 of the most common legal terms in easy-to-understand language. The terms are listed in alphabetical order and can be best accessed by selecting a letter here: this word is used in civil law to refer to the period granted to the debtor to fulfill his obligation; there are express conditions arising from the positive provisions of the agreement; AS, if one undertakes to pay a certain amount on a certain day, and also conditions that result implicitly from the nature of the things that are the subject of the order or the place where the act was agreed. For example, if a builder is hired to build a house for me, I need to allow a reasonable amount of time to fulfill their commitment. Disfigurement. Technical term in workers` compensation cases for a severe and permanent scar on the head, neck or face. To have to. In cases of negligence, a “duty” is a duty to comply with a particular standard of care. In the event of non-compliance, there is a risk that the actor will be liable to another to whom an obligation is owed, for damages caused by the other, for which the actor`s conduct is a legal cause. See the doctrine of the reasonable man.

Admissible evidence. Evidence that can be presented legally and correctly in civil or criminal proceedings. Small Jury (or Trial Jury) – A group of citizens who listen to the evidence presented by both parties to the trial and establish the disputed facts. The federal criminal courts are composed of 12 people. The civil juries of the Confederation are composed of six people. : (sooh-uh spahn-tay) adj. Latin for “of his own volition”, that is, of his own will, generally refers to the order of a judge made without the request of a party to the case. This includes an order transferring a case to another judge because of a conflict of interest, or the judge`s finding that his or her court does not have jurisdiction over the case. Habeas Corpus – A memoir often used to bring a prisoner to justice to determine the lawfulness of his detention. A prisoner who wants to argue that there is no sufficient reason to be detained would file a writ of arrest in habeas corpus. It can also be used to bring a person into custody to court, to testify or to be prosecuted. pro se – Latin term meaning “in one`s own name”; In the courts, these are people who present their own case without a lawyer.

Application denied. A claim where the insurance company does not believe your injury or illness was work-related and therefore rejects your claim. Handicap. A physical or mental impairment that restricts daily activities. Legal Counsel – Legal Advice; A term used to refer to lawyers in a case. Complaint. In the legal sense, the document that an applicant submits to the court that contains allegations and damages claimed. A complaint usually triggers a lawsuit. Jurisprudence – The study of the law and the structure of the legal system. The period during which a court holds a sitting; Sometimes the term is a monthly period, for others it is a quarterly period, depending on the constitution of the court.

Power of attorney. A written document authorizing a person to take certain legal action on behalf of the person granting the power of attorney. Lack of scruples. Doctrine in which the courts may refuse to perform a contract because of an abuse or abuse against a party resulting from the conclusion of the contract or the terms of the contract. Opposition procedure. Legal proceedings involving parties with conflicting interests, where one of the parties requests an appeal and the other is against it. Petition for the restoration of rights. Application by an injured worker after dismissal or suspension of payment of workers` compensation benefits due to a recurrence of disability resulting in a lack of purchasing power. An application for reinstatement must be made within three years of the date of the last workers` compensation payment. Plaintiff. The party complaining or suing; the one who appeals to the court. Also called applicant.

Tribunal – a government body empowered to settle disputes. Judges sometimes use the term “court” to refer to themselves in the third person, as in “the court read the pleadings.” Coverage for underinsured drivers. In Pennsylvania, an optional insurance that provides protection to the purchaser of said coverage and to parents living in their household caused by the negligence of another driver who does not have enough insurance to pay for all loss and damage. Coverage for underinsured motorists can be stacked. Judgement. An official decision of a court that resolves problems in a court case and determines the rights and obligations of the parties. See also Decree, Decree. Legal interpretation. The act of determining the meaning of a particular law by analyzing the wording and punctuation of the law. Answer. In a civil case, the defendant`s written response to the plaintiff`s complaint.

It must be submitted within a certain period of time, and it gives or denies the factual or legal basis for liability (more generally). Normally, a defendant has 30 days to file a response after receiving the plaintiff`s complaint. In some courts, a response is simply called a “response.” n. One of the most important words in the field of law, liability means legal liability for one`s own acts or omissions. Failure by a natural or legal person to comply with this liability makes it open to a claim for damages resulting therefrom or to a court decision (as in the case of a breach of contract or a violation of the law). In order to win a dispute, the plaintiff (plaintiff) must prove the defendant`s legal liability if the plaintiff`s allegations prove to be true. This requires proof of the obligation to act, the non-performance of that obligation and the link (direct cause) of that omission with a breach or damage to the claimant. Liability also applies to alleged offences in which the accused may be held responsible for his or her acts which constitute a criminal offence, thereby subjecting him or her to conviction and punishment. Example: Jack Jumpstart passes over a stop sign in his car and meets Sarah Stepforth as he crosses the Zebra Passage.

Jack has a duty of care to Sarah (and the public) whom he violates through his negligence and is therefore responsible for Sarah`s injuries, which gives him the right to sue him. However, Jack`s father owns the car and he too can be held liable to Sarah under a law that holds a car owner liable for damage caused by the vehicle he owns. The father`s responsibility is based on “legal responsibility”, although he has not personally violated any duty. A signer of a promissory note is responsible for the money due if it is not paid, as is a co-signer who guarantees it. A contractor who has agreed to complete a building is liable to the owner if he does not complete on time. Lawsuit – A lawsuit brought by a plaintiff against a defendant based on a claim that the defendant failed to comply with a legal obligation, resulting in harm to the plaintiff. Guard. A person who is legally responsible for the care and management of the person or property of an incompetent person or minor.

Plenipotentiary. An individual (who is not necessarily a lawyer) who has been authorized by another person to act in his or her place, either for a specific purpose, to perform a specific act, or for the conduct of business in general, which is not of a legal nature. This authority is conferred by a written document called a power of attorney or, more commonly, a power of attorney. Attack. A deliberate attempt or threat to harm another person, combined with the current ability to inflict an injury on that person that concerns them.