Legal terms
Core civil-claim concepts, court procedure, fault, representation, deadlines, and settlement.
AffidavitA written statement of facts that is sworn or affirmed to be true and may be used as evidence in a legal proceeding.AppealA request for a higher court to review a lower court decision for an alleged legal or procedural error.ArbitrationA dispute-resolution process in which a neutral arbitrator hears evidence and issues a decision, which may be binding or non-binding.Assumption of RiskA defence alleging that a person knowingly accepted a particular risk associated with an activity.Attorney-Client PrivilegeA rule that generally protects confidential communications between a client and lawyer made for the purpose of obtaining legal advice.Burden of ProofThe obligation to prove a disputed fact or claim to the level required by law.CausationThe required connection between another party’s conduct and the injury or loss being claimed.Class ActionA lawsuit in which one or more representatives pursue common claims on behalf of a larger group.Comparative NegligenceA fault rule that can reduce compensation according to the injured person’s share of responsibility.ComplaintThe document that begins a civil lawsuit by stating the claimant’s allegations and requested relief.Conflict of InterestA situation in which a lawyer’s duties or personal interests may materially interfere with independent representation of a client.Consent JudgmentA court judgment entered based on terms agreed to by the parties.Contingency FeeA fee arrangement in which a lawyer’s fee depends on obtaining a recovery and is calculated under the written agreement and local rules.Contributory NegligenceA fault doctrine that may limit or, in some jurisdictions, bar recovery when the injured person contributed to the loss.DamagesMoney awarded or paid to compensate for legally recognized losses, and in limited cases to punish especially wrongful conduct.DefendantThe person, company, or other entity against whom a civil claim or lawsuit is brought.Demand LetterA written presentation of the claim, evidence, losses, and requested resolution sent before or during negotiations.DepositionSworn out-of-court testimony given in response to questions and recorded for use in litigation.DiscoveryThe formal process for exchanging relevant information, documents, and testimony in a lawsuit.Duty of CareA legal obligation to act with the level of care reasonably required in the circumstances.Expert WitnessA qualified person permitted to give opinion evidence on specialized issues beyond ordinary knowledge.FaultResponsibility for causing or contributing to an accident or loss under the applicable law and evidence.Good FaithHonest and fair conduct in carrying out legal or contractual obligations.Joint and Several LiabilityA rule that may allow an injured person to recover all legally payable damages from one of multiple responsible parties, subject to local law.JurisdictionA court’s or tribunal’s legal authority over the parties, location, and subject matter of a dispute.LiabilityLegal responsibility for injury, damage, or another loss.Limitation PeriodThe legally prescribed time within which a claim or lawsuit must generally be started.LitigationThe process of resolving a dispute through a court or formal legal proceeding.MediationA confidential negotiation process assisted by a neutral mediator who does not usually impose a decision.NegligenceFailure to use the level of reasonable care required in the circumstances, resulting in legally recognized harm.