When clients first come into our office, they often have concerns about the legal process — especially if they’ve never taken legal action before. If this is the case and they aren’t as familiar with legal jargon, we do our best to help explain common terms and phrases. We want our clients to be knowledgable about what’s happening with their case. So we put together a list of common important legal terms that you should know to help you better understand and discuss your case.

———

Tort – A wrongful act or an infringement of a non-contractual right which creates civil legal liability in the form of economic and/or non-economic damages against the wrongdoer (tortfeasor).

Negligence – Conduct that falls below the reasonable standards of conduct established by laws customs and society’s norms for the protection of innocent victims against unreasonable risk of harm. Proving negligence in the court of law requires the presentation of evidence on the following elements: Duty, Breach, Causation and Damages.

Lawsuit – A common term for a legal action filed by one person or entity against another person or entity, to be decided in a court of law. After the lawsuit is filed, the parties engage in the discovery process (information gathering). If the parties are unable to reach a settlement the issues are presented at trial to the triers of fact (judge or jury) to render a judgment.

Litigation – When a person or entity files a civil lawsuit to prosecute a claim for the monetary damages, the person enters into a civil process called litigation which is governed by rules of civil procedure which vary in State and Federal courts. Litigation involves a series of permissible discovery procedures (i.e. interrogatories, RFA’s, RYPD and depositions that leads to a court trial.

Damages — Monetary compensation awarded by a court in a civil action to an individual who has been injured through the wrongful conduct of another party.

Liability – A comprehensive legal term which describes being found at fault, partially or totally, for causing harm or damages through negligent or intentional misconduct.

Joint & Several Liability – The provision in California law wherein those who are culpable for negligently causing injuries, are deemed together as one unit as well as individually for their conduct. The person who has been harmed can institute a lawsuit and recover from any or all of the wrongdoers.

Proximate Cause — Proximate cause is the legal definition of causation which requires a plaintiff in a negligence case to prove reasonable (greater than 50%) connection between the negligent act and the resulting damage.

Burden of Proof – The legal requirement that a plaintiff prosecuting a tort claim procedure needs sufficient evidence to persuade the trier of fact (judge or jury) regarding each of the elements of each cause of action alleged in paintiff’s complaint.

Respondeat Superior — The legal doctrine of law which places the employer liable for the tortious acts of an employee as the employer’s agent if the employee’s actions were committed within the scope of employment or agency.

Appeal — A legal proceeding by which a case is brought before a higher court for review of the decision of a lower court

Disclaimers:

The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction.  This blog is not intended to, and does not, create an attorney client relationship, an offer of employment or a guarantee of success for clients of The Drexler Law firm.  No information or representation contained in this post should be construed as an offer of employment, guarantee of success or the creation of an attorney client relationship with The Drexler Law firm, nor as legal advice from The Drexler Law Firm or the individual author.  No reader of this post should act, or refrain from acting, on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer in the corresponding jurisdiction.

There are time deadlines during which a case must be brought, according to your jurisdiction or state, and failing to abide by the jurisdictional statute of limitation rules can result in your case being time-barred.