Sooner or later, virtually everyone has to consult a lawyer whether it is for a home purchase, family issues, business transaction or other concern that needs legal representation. When that happens, many individuals are often caught up with legal terms and have no clue as to their meaning. Here’s a list of legal terms that everyone should know before walking into an attorney’s office.
This word tells someone that you can be believed. Credibility is essential to every lawsuit and means that you or another individuals is trustworthy and honest. Credibility is an ongoing issue, starting with being open with your lawyer continuing through deposition and during trial testimony.
This term refers to the amount of money an individual recovers in a lawsuit. It can include lost wages, lost profit, out-of-pocket costs and more. The idea is that damages suffered are losses that may be recovered in a lawsuit.
A default occurs when the court prevents a plaintiff or defendant from advancing their case because they have failed to do what was required by the law. Defaults may be lifted when compliance occurs.
The defendant is the person defending himself or herself in a lawsuit, or someone who has been accused of wrongdoing.
This is the process that permits both sides of a lawsuit to file papers requesting the other side to furnish information. When one side requests discovery, the information must be furnished in a short amount of time, usually 30 days or less.
A docket is the manner in which the court keeps track of a case. When a case is “on the docket,” it means it is schedule for some kind of hearing.
This term means that the defendant is responsible for damages. In other words, one party is liable for damages suffered by the other.
Malpractice can be difficult to define. In order to prove malpractice, four things need to be proved: a duty to provide care to the patient; failure to provide care in accordance with community standards; failure to provide treatment was a substantial cause of injury, and; the patient or client suffered an injury requiring compensation.
The basic definition of negligence is one individual has a duty to another individual,with the first party breaking the duty, resulting in a compensable injury to the other party. Negligence may be applied to a wide range of situations.
Also called a claimant, this is the person who brings a lawsuit to recover damages from wrongs committed by a defendant.
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