Glossary of Personal Injury Law Terms
There are 1274 entries in this glossary.| Term | Definition |
|---|---|
| Nation |
A group or race of people that share history, traditions and culture. The United States is comprised of 50 states and several protectorates, such as Puerto Rico. It is common English to use the word "nation" when referring to what is known in law as "states." |
| National treatment |
A tenet of international trade agreements whereby nations cannot discriminate against imported goods and must give them the same treatment that they afford domestic or "national" products. |
| Natural justice |
Principles derived from Roman law, which held that some legal principles were "natural" or self-evident and did not require a statutory basis. A word used to refer to situations where the two basic legal safeguards of "audi alteram partem" (the right to be heard) and "nemo judex in parte sua" (no person may judge their own case) apply. These rules govern all decisions by judges or government officials when they take quasi-judicial or judicial decisions. |
| NCND Agreement |
Stand for "non circumvention/non disclosure agreement". An international trade instrument used in the preliminary stages of a business transaction where the seller and buyer do not know each other, but are brought into contact with each other by one or more intermediaries (also known as brokers or middlemen), to fulfill the transaction. These agreements insure that the intermediaries in the transaction are not circumvented and excluded from the transaction by the buyer and/or seller and/or the other intermediaries. Many trade transactions are chains in which product flows through several intermediaries like this: seller-broker-broker-broker-buyer. Those brokers in the middle use NCNDs to insure that they are not circumvented by anyone else in the chain; also, to insure that information on the other parties in the chain is not disclosed to outside parties. They are valid for a specified term; usually two years. |
| Negligence |
In its broadest sense, carelessness. More precisely, conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In order to prevail in a negligence action, the plaintiff must prove, by a preponderance of the evidence, the following four elements: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant´s breach of his or her duty of care caused the plaintiff´s injury; (4) that the plaintiff suffered injury. |
| Negligence per se |
Conduct, either by act or omission, that may be declared and treated as negligence without argument or proof of negligence, usually because the conduct violates a statute. A finding of negligence per se satisfies the plaintiff´s burden of proof that the defendant´s conduct was negligent. However, the burden remains on the plaintiff to establish that his injuries were proximately caused by the statutory violation. |
| Negotiate |
Communication on a matter of disagreement between two parties by first listening to each party's' perspective and then attempting to arrive at a resolution by consensus. |
| Nemo judex in parte sua |
Latin: "no person may judge their own case". A fundamental principle of natural justice, stating that no person can judge a case in which he or she is party. May also be called "nemo judex in sua causa" or "nemo debet esse judex in propria causa". |
| Nevirapine |
A drug prescribed for use in combination with other anti-HIV drugs. Nevirapine can cause a severe rash in some patients. Reports have also associated nevirapine with hepatotoxicity, a condition which can result in liver damage and death. |
| Next Friend |
One acting without formal appointment as guardian for the benefit of an infant, a person of unsound mind not judicially declared incompetent, or other person under some disability. |
| Next of kin |
The nearest blood relative of a deceased. The expression has come to describe those persons most related to a dead person and therefore likely to inherit the deceased's property. |
| Nisi Decree |
Interim decree or order that will eventually become final unless something changes or an event takes place. |
| No Bill |
This phrase, endorsed by a grand jury on the written indictment submitted to it for its approval, means that the evidence was found insufficient to indict. |
| No-Contest Clause |
Language in a will that provides that a person who makes a legal challenge to the will´s validity will be disinherited. |
| No-Fault Proceedings |
A civil case in which parties may resolve their dispute without a formal finding of error or fault. |
| Nolle Prosequi |
Decision by a prosecutor not to go forward with charging a crime. It translates ´I do not choose to prosecute.´ Also loosely called nolle pros. |
| Nolo Contendere |
A plea of no contest. In many jurisdictions, it is an expression that the matter will not be contested, but without an admission of guilt. In other jurisdictions, it is an admission of the charges and is equivalent to a guilty plea. |
| Non est factum |
Latin for "not his deed". A special defense in contract law to allow a person to avoid having to respect a contract that she or he signed because of certain reasons, such as a mistake as to the kind of contract. For instance, if a person signs away the deed to a house, thinking that the document signed was only a guarantee for another person's debt, he might be able to plead non est factum in a court and on that basis get the court to void the contract. |
| Non-joinder |
The failure to include a person who should have been made a party to legal proceedings. This is usually addressed by asking the court to amend documents and including the forgotten party to the proceedings. It is the opposite of mis-joinder. |
| Non-Jury Trial or Bench Trial |
Trial before a judge and without a jury. In a bench trial, the judge decides questions of law and questions of fact. |
| Non-Moving Party |
The party to a lawsuit that is not presenting a motion to the court. A non-moving party may or may not contest or oppose the motion. Compare with moving party. |
| Nonfeasance |
Failure to perform some act which should have been performed. |
| Norplant |
A contraceptive device that is implanted in the patient, and provides birth control by releasing active agents over time. Norplant has been associated with side effects such as irregular menstrual bleeding, headache, nervousness, depression, nausea, dizziness, skin rash, acne, change of appetite, breast tenderness, weight gain, enlargement of the ovaries, and excessive growth of body or facial hair. |
| Notary |
Also known as "notary public": a legal officer with specific judicial authority to attest to legal documents, usually with an official seal. Most countries do not have notaries, vesting administrative legal authority in lawyers or court officers. |
| Notice |
Formal notification to the party that has been sued in a civil case of the fact that the lawsuit has been filed. Also, any form of notification of a legal proceeding. |
| Notwithstanding |
In spite of; even if; without regard to or impediment by other things. |
| Novation |
To substitute a new debt for an old debt thereby canceling the old debt. See also subrogation. |
| Nudum pactum |
A contract-law term which stands for those agreements which are without consideration. An example would be a unilateral undertaking, which may bind a person morally, but would not be binding under contract law in those jurisdictions which still require consideration. |
| Nuisance |
An unreasonable or unlawful use of one?s real estate that results in injures to another or interferes with another person?s use of his real property. |
| Nunc Pro Tunc |
A legal phrase applied to acts which are allowed after the time when they should be done, with a retroactive effect. |
| Nuncupative Will |
An oral (unwritten) will. |
| Nursing malpractice |
An intentional act or negligence committed by a member of the nursing profession that causes physical, financial, cognitive, emotional or psychosocial damage to a patient under their care. Cases of nursing malpractice commonly involve cases of nursing negligence. This type of nursing malpractice is defined as a nursing professional´s failure to exact the degree of care, skill, and prudence that a reasonable professional would under similar conditions. |




