The Law Dictionary for Everyone
When discussing the law, the term “award” can be somewhat misleading as it is not necessarily a recognition, or honor of an achievement. Where the law is concerned, an award is a judicial decision that is made during a court case in which a plaintiff or defendant is given something that they are seeking. For instance, in a civil lawsuit, […]
Read moreWhen a couple divorces, children are not the only subject of custody battles, as family pets often become the center of a dispute. While there are plenty of laws surrounding child custody, all of which take the best interests of children into consideration, pet custody laws deal with property. Unlike children, pets are considered personal property, rather than the valued […]
Read moreThe Latin term ex parte is used in law to refer to court proceedings for the benefit of one party to a controversy, without the other being present. This is an exception to basic court procedure, which requires that both parties be present at any argument or proceeding, and that neither party may have contact with a judge without previously […]
Read moreMalpractice occurs when a member of any profession acts with negligence or incompetence in dealing with a patient or client. The most common type of malpractice relates to the medical field when a doctor fails to give a patient the degree of care that another doctor of similar skill would give in a similar situation. Legal malpractice refers to the […]
Read moreA formal, written statement asking the court to grant relief, or to decide a dispute, is referred to as a “pleading.” The written complaint filed by a plaintiff to initiate a civil lawsuit, or filed by a prosecutor to initiate criminal proceedings, as well as the written answer filed by a civil defendant are generally the first pleadings in any […]
Read moreIn the law, the term “negligence” refers to a failure of a person or entity to exercise a level of care necessary to protect others, whether in interest, or from physical harm, from actions or conditions that may cause them harm. Negligence most often comes into play concerning a person’s or entity’s actions, however it may also be an omission […]
Read moreA summary judgment is a decision made by the court on the basis of evidence and statements presented in the documents and legal pleadings filed with the court, without a full trial. Summary judgment, also referred to as “judgment as a matter of law,” may be requested by the submission of a motion for summary judgment by either party. The […]
Read moreA judgment is the official decision made by the court at the end of a lawsuit, criminal trial, or other legal proceeding. In certain cases, a party to the proceeding may make a “motion for judgment, requesting that the court make a decision. After issuing a judgment, the judge may impose a sentence on a guilty defendant, award damages to […]
Read moreAn appeal is a request to a higher court to review a decision made by a lower court. The higher court can review the entire case, certain aspects of the case, or the sentence imposed by the lower court. The appellant, who may be the plaintiff or the defendant in the lower court case, must show the higher court that […]
Read moreThe term “hearsay” refers to an out-of-court statement made by someone other than the witness reporting it. For example, while testifying in John’s murder trial, Anthony states that John’s best friend told him that John had killed the victim. Anthony did not hear John make the admission firsthand, making testimony of this statement “hearsay.” To explore this concept, consider the […]
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