Glossary of Legal Terms

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  • Adjuster: Insurance company representative who investigates and evaluates claims
  • Answer: Defendant’s formal response to a lawsuit
  • Appeal: Request for higher court to review trial court’s decision
  • Arbitration: Alternative dispute resolution where neutral third party makes binding decision
  • Assumption of Risk: Defense arguing plaintiff knowingly accepted dangerous activity
  • Bad Faith: Insurance company’s unreasonable denial or delay of valid claims
  • Burden of Proof: Obligation to prove facts supporting your claim
  • Case Law: Legal principles established by court decisions
  • Causation: Link between defendant’s negligence and plaintiff’s injuries
  • Circumstantial Evidence: Indirect evidence suggesting facts without direct proof
  • Collateral Source Rule: Prevents reducing damages based on insurance or other benefits received
  • Comparative Negligence: System apportioning fault between parties (not used in Virginia)
  • Complaint: Initial document filing a lawsuit
  • Contingency Fee: Attorney payment based on percentage of recovery
  • Contributory Negligence: Virginia doctrine barring recovery if plaintiff is even 1% at fault
  • Damages: Monetary compensation for injuries and losses
  • Defendant: Party being sued
  • Deposition: Sworn testimony taken outside court
  • Direct Evidence: Evidence directly proving facts without inference
  • Discovery: Process of exchanging information between parties
  • Duty of Care: Legal obligation to act reasonably to prevent harm
  • Economic Damages: Objectively calculable losses like medical bills and lost wages
  • Expert Witness: Specialist providing opinion testimony about technical matters
  • General Damages: Subjective losses like pain and suffering
  • Guardian ad Litem: Representative appointed for minor or incapacitated party
  • Hearsay: Out-of-court statement offered for its truth (generally inadmissible)
  • Immunity: Legal protection from lawsuit
  • Impeachment: Attacking witness credibility
  • Independent Medical Examination: Defense doctor’s evaluation of plaintiff
  • Interrogatories: Written questions requiring sworn answers
  • Invitee: Person on property for owner’s benefit (owed highest duty)
  • Joint and Several Liability: Multiple defendants each fully responsible for damages
  • Judgment: Court’s final decision
  • Jurisdiction: Court’s authority to hear case
  • Jury Instructions: Legal rules judge gives jury before deliberation
  • Liability: Legal responsibility for harm
  • Licensee: Social guest on property
  • Lien: Claim against settlement proceeds
  • Litigation: Process of pursuing lawsuit
  • Loss of Consortium: Spouse’s claim for loss of relationship
  • Mediation: Settlement negotiation with neutral facilitator
  • Motion: Formal request for court ruling
  • Negligence: Failure to exercise reasonable care
  • Negligence Per Se: Automatic negligence from violating safety statute
  • Non-Economic Damages: Subjective losses like pain and suffering
  • Notice: Knowledge of dangerous condition
  • Opening Statement: Attorney’s initial presentation to jury
  • Ordinance: Local law
  • Pecuniary Loss: Financial loss
  • Personal Injury: Physical or psychological harm from another’s negligence
  • Plaintiff: Injured party bringing lawsuit
  • Pleadings: Formal documents filed in lawsuit
  • Precedent: Prior court decision establishing legal principle
  • Premises Liability: Property owner responsibility for dangerous conditions
  • Preponderance of Evidence: More likely than not standard of proof
  • Prima Facie: Evidence sufficient to prove case unless contradicted
  • Products Liability: Manufacturer/seller responsibility for defective products
  • Proximate Cause: Foreseeable connection between conduct and injury
  • Punitive Damages: Punishment for egregious conduct
  • Reasonable Person: Objective standard for evaluating conduct
  • Respondeat Superior: Employer liability for employee actions
  • Service of Process: Formal delivery of lawsuit documents
  • Settlement: Negotiated resolution without trial
  • Special Damages: Economic losses
  • Statute: Written law
  • Statute of Limitations: Time deadline for filing lawsuit
  • Strict Liability: Liability without proving negligence
  • Subpoena: Court order requiring appearance or documents
  • Subrogation: Insurance company’s right to recover payments from responsible party
  • Summary Judgment: Court decision without trial based on undisputed facts
  • Summons: Document notifying defendant of lawsuit
  • Tort: Civil wrong causing injury
  • Tortfeasor: Person committing tort
  • Trespasser: Person on property without permission
  • Trial de Novo: New trial on appeal
  • Verdict: Jury’s decision
  • Vicarious Liability: Liability for another’s actions
  • Voir Dire: Jury selection process
  • Waiver: Voluntary relinquishment of rights
  • Wrongful Death: Claim for damages from another’s death

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