Litigation
The process of taking your complaint to court or arguing your case in a court of law.
Nuisance
Unreasonable interference with the use and enjoyment of one's property, usually repeated or continued for prolonged periods of time.
Mediation
The act or process of resolving a dispute between two or more parties.
Assault
Any threat, show of force, or movement that causes a reasonable fear of, or an actual physical contact with another person. This can be a crime or a tort.
Proximate Cause
In negligence law, this is the legal cause of harm. This concept limits damages the defendant must pay. It covers harms that are reasonably predictable consequences of the defendant's wrongful acts.
False Imprisonment
The intentional or wrongful confinement of another person against his or her will
Common Law
A system in which court decisions establish legal principles and rules of law.
Compensation
This refers to an award granted to the defendant for the damages suffered. In a civil case, this is money paid for things such as medical bills, lost wages, and physical or mental pain and suffering.
Complaint
The first legal document filed in a civil lawsuit. It includes a statement of the wrong or harm done to the plaintiff by the defendant and a request for a specific remedy from the court.
Liability
Legal responsibility; the obligation to do or not do something. The defendant in a torts case incurs liability for failing to use reasonable care, resulting in harm to the plaintiff.
Negligence
The failure to exercise reasonable care in either doing or not doing something, resulting in harm or injury.
Fraud
Any deception, lie, or dishonest statement made to cheat someone.
Battery
Any intentional, unlawful physical contact inflicted on one person by another without consent. In some states, this is combined with assault.
Implied Warranty
The unwritten standard of quality the law requires of products offered for sale.
Consumer Law
Statutes that protect buyers by prohibiting unfair or misleading trade practices; setting standards for quality, safety, and reliability of many goods and services, and establishing agencies to enforce laws that help buyers.
Caveat Emptor
From Latin, literally meaning "let the buyer beware.
Force Majeure
From Latin, literally meaning "superior force." It's generally the title to a clause in a contract. The clause protects the parties from performing the contract if something out of their control prevents them from performing such as a fire or flood. In ot
Intellectual Property
A person's idea or invention that is given special ownership protections, such as a patent.
Defamation
Written or spoken expression about a person that is false and damages that person's reputation.
Clear and Convincing Evidence
This is the standard of proof used in certain lawsuits and in regulatory agency cases.It governs the amount of proof that must be offered in order for the plaintiff to win the case.
Tort
A breach of some obligation causing harm or injury to someone. A civil wrong, such as negligence or libel.
Small Claims Court
These courts as especially designed to handle disputes between individuals, or an individual making a claim against a business, where the amount of money involved is relatively "small"-at least in terms of the cases courts usually decide. They typically c
Libel
A written expression about a person that is false and damages that person's reputation.
Slander
Spoken expression about a person that is false and damages that person's reputation.
Plaintiff
In a civil case, the injured party who brings an action against the alleged wrongdoer.
Class Action
A lawsuit brought by one or more persons on behalf of a larger group.
Injunction
A court order requiring a person to do or refrain from doing a particular act.
Breach
The violation of a law, duty, or other form of obligation, either by engaging in an action or failing to act.
Defendant
The person against whom a claim is made. In a civil suit, the person being sued.
Cause in Fact
One of the elements the plaintiff must prove to win a negligence suit. To do this, the plaintiff must prove he or she would not have been harmed if the defendant had not acted wrongfully.
Arbitration
A way of settling a dispute without going to trial. The people who disagree select an impartial person to settle the argument. If the process is binding, the decision must be followed by all parties.
Civil Law
All law that does not involve criminal matters. This usually deals with private rights of individuals, groups or business.
Preponderance of Evidence
This is usually the standard of proof in a civil case. In order to win the suit, the plaintiff must provide evidence that is more convincing than the other's side.
Malpractice
Failure to meet acceptable standards of practice in any professional or official position; often the basis for lawsuits by clients of patients against their attorney or doctor.
Trespass
The unexcused intrusion on, or improper use of, property belonging to another person. This can be the basis of an intentional tort.
Damages
This refers to compensation- such as a money judgement- provided to a person who suffers a loss or harm due to the unlawful act or omission of another. The person at fault- the one who is the proximate cause of the loss or harm- must compensate the injure
Contract
A legally enforceable agreement between two or more people.