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Glossary of Personal Injury Law Terms

There are 1274 entries in this glossary.
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Term Definition
Divorce

The final, legal ending of a marriage, by court order.

DNA

Abbreviation for deoxyribonucleic acid which is a chromosome molecule carrying genetic coding unique to each person with the only exception being identical twins. That is why it is also called "DNA fingerprinting". Through a laboratory process, DNA can be extracted from body tissue such a strand of hair, semen, or blood and be matched against DNA discovered at a crime scene or on a victim. This evidence may be used to scientifically implicate an accused. It can also be used to match DNA between parents in a paternity suit.

Docket

A list of cases to be heard by a court or a log containing brief entries of court proceedings.

Doctrine

A rule or principle of the law established through the repeated application of legal precedents.

Doctrine of avoidable consequences or mi

Imposes a duty on victims of a tort to take reasonable steps to minimize their damages after an injury has been inflicted.

Documents

Forms often requested and submitted by individuals who are applying for benefits. Documents usually include: birth certificates, marriage certificates, W2 forms, tax returns, and deeds. Normally only originals or certified copies are accepted.

Domicile

The place where a person has his or her permanent legal home. A person may have several residences, but only one domicile.

Dominant tenement

Used when referring to easements to specify that property (i.e. tenement) or piece of land that benefits from, or has the advantage of, an easement.

Dominion directum

Latin: the qualified ownership of a landlord, not having possession or use of property but retaining ownership. Used in feudal English land systems to describe the King's ownership of all the land, even though most of it was lent out to lords for their exclusive use and enjoyment.

Dominion utile

Latin: the property rights of a tenant. While not owning the property in a legal sense, the tenant, as having "dominion utile", enjoys full and exclusive possession and use of the property while he is tenant.

Donatio mortis causa

A death-bed gift, made by a dying person, with the intent that the person receiving the gift shall keep the thing if death ensues. Such a gift is exempted from the estate of the deceased as property is automatically conveyed upon death. In most jurisdictions, real property cannot be transferred by these death-bed gifts.

Donee

Another word describing the beneficiary of a trust. Also used to describe the person who is the recipient of a power of attorney; the person who would have to exercise the power of attorney.

Donor

The person donating property for the benefit of another, usually through the legal mechanism of a trust. Some countries refer to the trust donor as a "settlor." Also used to describe the person who signs a power of attorney.

Double Jeopardy

Putting a person on trial more than once for the same crime. It is forbidden by the Fifth Amendment to the U.S. Constitution.

Dram shop

A drinking establishment where alcoholic beverages are served to be drunk on the premises.

Dram Shop Act

In Pennsylvania, this statute imposes liability on drinking establishments, like bars and restaurants, for harm resulting from the establishment´s service of alcohol to visibly intoxicated persons.

Duces tecum

Latin: bring with you. Used most frequently for a species of subpoena (as in "subpoena duces tecum") which seeks not so much the appearance of a person before a court of law, but the surrender of a thing (e.g. a document or some other evidence) by its holder, to the court, to serve as evidence in a trial.

Due process

Constitutional guarantee that an accused person receive a fair and impartial trial.

Due Process of Law

The right of all persons to receive the guarantees and safeguards of the law and the judicial process. It includes such constitutional requirements as adequate notice, assistance of counsel. and the rights to remain silent, to a speedy and public trial, to an impartial jury, and to confront and secure witnesses.

Dum casta

Latin: for so long as she remains chaste. Separation agreements years ago used to contain dum casta clauses which said that if the woman were to start another relationship, she forfeited her entitlement to maintenance.

Dum sola

Latin: for so long as she remains unmarried.

Dum vidua

Latin: for so long as she remains a widow.

Duplex

A house having separate but complete facilities to accommodate two families, either as adjacent units or one on top of the other.

Duract

A brand of non-steroidal anti-inflammatory drugs (NSAID), Duract was recalled after rare cases of sever hepatitis and liver failure were reported in people who took the drug longer than directed.

Duress

Threats or force of another preventing a person from acting (or not acting) according to their free will is said to be placing that person "under duress". Contracts signed under duress are voidable. In many places, conviction of a crime is prevented if one can prove that he was forced or threatened into committing the crime (although this defense may not be available for serious crimes).

Duty

In negligence cases, a ´duty´ is an obligation to conform to a particular standard of care. A failure to so conform places the actor at risk of being liable to another to whom a duty is owed for an injury sustained by the other of which the actor´s conduct is a legal cause. See reasonable man doctrine.

Dysarthria

A speech disorder that often affects people with cerebral palsy, caused by a weakness in the muscles that produce speech. In mild cases, there may only be a slight slurring of speech; in more severe cases, the person may depend upon a voice output system to speak.

Dystonia

Involuntary slow, sustained muscle contractions resulting in abnormal postures and twisting motions of arms, legs, and trunk.

Early Retirement

You can start getting Social Security retirement benefits as early as age 62, but your benefit amount will be less than you would have gotten at full retirement age. If you take retirement benefits early, your benefit will be permanently reduced, based on the number of months you received checks before you reached full retirement age.

Early Retirement Age

Age 62

Earnings Record

A chronological history of the amount you earn each year during your working lifetime. The credits you earned remain on your Social Security record even when you change jobs or have no earnings.

Easement

A type of servitude granting a right of passage over a neighbor's land or waterway. Every easement has a dominant and a servient tenement (which see). Easements also can be classified as negative or affirmative. A negative easement prevents the servient land owner from doing certain things stated in the easement agreement. An affirmative easement is the most common and allows the beneficiary of the easement to do certain things, such as maintain a right-of-way. Although rights-of-way are the most common easements, there are many others such as: rights to tunnel under another's land; to use a washroom; to emit smoke or fumes; to pass over with transmission towers; to access a dock; and to access a well.

Ecclesiastical law

See also canon law. The body of church-made law which binds only those persons recognizing it, usually only church officers, and is based on aged precepts of canon law.

Elements of a Crime

Specific factors that define a crime which the prosecution must prove beyond a reasonable doubt in order to obtain a conviction. The elements that must be proven are (1) that a crime has actually occurred, (2) that the accused intended the crime to happen, and (3) a timely relationship between the first two factors.

Eligible Survivor

A lawful spouse if living on the date a benefit payment is due. If the spouse is not living, the term means dependent children.

Emancipation

Emancipation today refers to the point at which a child is free from parental control. This can occur in several different circumstances: parents may choose to voluntarily surrender their rights to the care, custody and earnings of their minor child and cease to perform their parental duties; they may imply consent by allowing a minor child to leave her parents' home and become entirely self-supporting; a minor child becomes emancipated upon marriage or entering the military. The term was also used when slavery was legal to describe the condition of a former slave who had bought or been given freedom from his or her master. When Abraham Lincoln outlawed slavery he did so in a law called the "Emancipation Proclamation".

Embargo

An order prohibiting ships or goods from leaving a certain port, city, or territory. This is an act of international military aggression and may be enforced by military threat of destruction of any vehicle that attempts to break the embargo, or by trade penalties. The word can also refer to a legal prohibition of trade with a certain nation or a prohibition towards the use of goods or services produced by or within a certain nation.

Embezzle

The illegal transfer of money or property to one's own use in violation of trust. The money or property may be legally in the possession of the embezzler but not his property. It is the conversion of the money or property to his own personal use that constitutes embezzlement. For example, an employee could embezzle money from the employer or a public officer could embezzle money received during the course of their public duties and secretly convert it to their personal use.

Eminent Domain

The power of the government to take private property for public use through condemnation.

Eminent domain USA

The legal power of a governmental entity to expropriate private land for the sake of public necessity, even if the owner objects. The owner must receive "just compensation", which usually means fair market value. Also sometimes called condemnation.

Emolument

A legal term referring to all wages or other benefits received as compensation for holding some office or employment.

Emotional Distress

Mental anguish.

Emphyteusis

Based on ancient Roman law. A prolonged (for many years or in perpetuity) rental of real property which includes the exclusive enjoyment by the tenant of all products of that real property and the exercise of all property rights typically reserved for the property owner, such as mortgaging the property for the term of the emphyteusis or permitting a right of way.

Employee

A person whose work activities are under the control of an individual or entity.

Employee Verification Form

In a workers´ compensation case, it´s a bi-annual report of earnings to be completed by the injured employee. The form is required to be returned to the insurance carrier within 30 days of receipt or benefits may be stopped.

Employer

The person or entity whose has control over your work activities.

Emptio or emtio

Latin for "purchase" or the contract in which something is bought.

En Banc

?On the bench.? All the judges of a court sitting together. Appellate courts can consist of a dozen or more judges, but often they hear cases in panels of three judges. If a case is heard or reheard by the full court, it is heard en banc.

Enactment

A document which is published as an enforceable set of written rules, creating a law or statute.

Enbrel

Medication for reducing signs and symptoms and delaying structural damage in patients with moderately to severely active rheumatoid arthritis. Some patients treated with Enbrel? are reported to have developed serious infections.

Endorsement

Something written on the back of a document. One example of an endorsement is a signature on the back of a bill of exchange (e.g., a check) by which the person to whom the note is payable transfers it by making the note payable to the bearer or to a specific person, in accordance with the laws of bills of exchange. Another example is an endorsement of claim, which means that if you want to ask a court to issue a writ against someone, you have to "endorse" your writ with a concise summary of the facts supporting the claim, sometimes called a statement of claim.

Endowment

The transfer of money or property (usually as a gift) to a public organization for a specific purpose, such as medical research or scholarships.

Enjoin

To require a person to perform, or abstain or desist from some act.

Entrapment

A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.

Ephedra

Once used in a number of over-the-counter dietary supplements, Ephedra contains ephedrine, which acts as a stimulant and bronchodilator. While it may help those with asthma breathe, ephedrine poses significant health risks for the casual user. Ephedrine has been reported to contribute to heart attack, stroke, seizures, psychosis and death.

Equal Protection of the Law

The guarantee in the Fourteenth Amendment to the U.S. Constitution that all persons be treated equally by the law. Court decisions have established that this guarantee requires that courts be open to all persons on the same conditions, with like rules of evidence and modes of procedure; that persons be subject to no restrictions in the acquisition of property, the enjoyment of personal liberty, and the pursuit of happiness, which do not generally affect others; that persons are liable to no other or greater burdens than such as are laid upon others, and that no different or greater punishment is enforced against them for a violation of the laws.

Equitable Remedies

Remedies that do not include monetary settlements. Examples include injunctions and restraining orders.

Equity

Generally, justice or fairness. Historically, equity refers to a separate body of law developed in England in reaction to the inability of the common-law courts, in their strict adherence to rigid writs and forms of action, to consider or provide a remedy for every injury. The king therefore established the court of chancery, to do justice between parties in cases where the common law would give inadequate redress. The principle of this system of law is that equity will find a way to achieve a lawful result when legal procedure is inadequate. Equity and law courts are now merged in most jurisdictions.

Ergonomics

The study of how to improve the fit between the physical demands of the workplace and the employees who perform the work. Selecting, designing and modifying equipment, tools, and the work environment are all considered.

Error

In the legal sense, a mistaken interpretation of facts or application of the law that can prove grounds for an appeal.

Escheat

The legal act of returning property to the government upon the death of the owner, because there is nobody to inherit the property. Escheat is based on the Latin principle of "dominion directum" (which see) as was often used in the feudal system when a tenant died without heirs or if the tenant was convicted of a felony.

Escheat (es-chet)

The process by which a deceased person´s property goes to the state if no heir can be found.

Escrow

Money or a written instrument such as a deed that, by agreement between two parties, is held by a neutral third party (held in escrow) until all conditions of the agreement are met.

Essential functions

Duties considered crucial to the job you want or have.

Established customary standard of care

Degree of care and skill that the average qualified doctor would provide to a patient who sought medical care for similar symptoms and circumstances.

Estate

An estate consists of personal property (car, household items, and other tangible items), real property, and intangible property, such as stock certificates and bank accounts, owned in the individual name of a person at the time of the persons death. It does not include life insurance proceeds unless the estate was made the beneficiary) or other assets that pass outside the estate (like joint tenancy asset).

Estate law

A term describing that part of the law regulating wills, probate and other subjects related to the distribution of a deceased person's "estate".

Estate Tax

Generally, a tax on the privilege of transferring property to others after a person´s death. In addition to federal estate taxes, many states have their own estate taxes.

Estoppel

A person´s own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Et al

And others.

Euthanasia

The putting to death, by painless method, of a terminally-ill or severely debilitated person through the omission (intentionally withholding a life-saving medical procedure, also known as "passive euthanasia") or commission of an act ("active euthanasia'). See also living will.

Evidence

Proof of a probative matter presented at trial for the purpose of inducing belief in the minds of the jury or judge. Evidence comes in a variety of forms, including testimony, writings, tangible objects, and exhibits.

Ex aequo et bono

Latin for "in justice and fairness." A case decided by principles of what is fair and just, unlike most legal cases which are decided on the strict rule of law. For example, a contract will be normally upheld and enforced by the legal system no matter how "unfair" it may prove to be. But if the case is to be decided ex aequo et bono, the strict rule of law is overridden and the case and requires instead a decision based on what is fair and just given the circumstances.

Ex Parte

On behalf of only one party, without notice to any other party. For example, a request for a search warrant is an ex parte proceeding, since the person subject to the search is not notified of the proceeding and is not present at the hearing.

Ex Parte Proceeding

The legal procedure in which only one side is represented. It differs from adversary system or adversary proceeding.

Ex Post Facto

After the fact. The Constitution prohibits the enactment of ex post facto laws. These are laws that permit conviction and punishment for a lawful act performed before the law was changed and the act made illegal.

Ex rel

An abbreviation of "ex relatione", Latin for "on the relation of." Information or action taken that is not based on first-hand experience but is based on the statement or account of another person. For example, a criminal charge "ex rel" means that the attorney general of a state is prosecuting on the basis of a statement of a person other than the attorney general.

Ex turpi causa non oritur actio

Latin: "Of an illegal cause there can be no lawsuit." The principal or accessory of an illegal activity cannot sue another for damages that arose from that criminal activity. For instance, if two persons steal a car and the car crashes, the passenger cannot sue the driver for damages, since the passenger knew the car to be stolen and was a free participant in the theft and subsequent accident. If vehicle crashes injuring the passenger, there is no action in tort against the driver under the ex turpi causa non oritur actio principle.

Examination-in-chief

To question your own witness under oath. Witnesses are introduced to a trial by their examination-in-chief. At that time they answer questions asked by the lawyer representing the party which called them to the stand. After the examination-in-chief, the other party's lawyer can question them; this is called "cross-examination" (which see).

Exception

A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal.

Exceptions

Declarations by either side in a civil or criminal case reserving the right to appeal a judge´s ruling upon a motion. Also, in regulatory cases, objections by either side to points made by the other side or to rulings by the agency or one of its hearing officers.

Exclusionary Rule

The rule preventing illegally obtained evidence to be used in any trial.

Exculpate

Something that excuses or justifies a wrong action.

Execute

To complete the legal requirements (such as signing before witnesses) that make a will valid. Also, to execute a judgment or decree means to put the final judgment of the court into effect.

Executor

A personal representative, named in a will, who administers an estate.

Exemplary Damages or Punitive Damages

Compensation greater than is necessary to pay a plaintiff for a loss. These damages are awarded because the loss was aggravated by violence, oppression, malice, fraud or wanton and wicked conduct on the part of the defendant. Such damages are intended to punish the defendant for his evil behavior or make an example of him or her.

Exempt Property

In bankruptcy proceedings, this refers to certain property protected by law from the reach of creditors.

Exhibit

A document or object that is offered into evidence during a trial or hearing.

Exonerate

Removal of a charge, responsibility or duty.

Expatriate

One who has abandoned his or her country of origin and citizenship and has become a subject or citizen of another country.

Expert

A witness who may give an opinion in court based on the particular competence of that witness.

Expert evidence

Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.

Express trust

A trust created by the settlor, with the clear intent that such a trust be created, usually in the form of a document (e.g. a will), although it can be oral. This contrasts with trusts which come to being through the operation of the law and are not resulting from the clear intent or decision of any settlor to create a trust. See constructive trust.

Expunge

To physically erase; to white or strike out. To "expunge" something from a court record means to remove every reference to it from the court file.

Expungement

Official and formal erasure of a record or partial contents of a record.

Extenuating Circumstances

Circumstances which render a crime less aggravated, heinous, or reprehensible than it would otherwise be.

Extortion

The use of violence or fear, or the pretense of authority, to force a person to give up property.

Extradition

The process by which one state or country surrenders to another state, a person accused or convicted of a crime in the other state.

Fact Question

Issues in a trial or hearing concerning facts and how they occurred, as opposed to questions of law. Fact questions are for the jury to decide, unless the issues are presented in a non-jury or bench trial, in which case the judge would decide fact questions. Questions of law are decided by a judge. Findings of fact are generally non-appealable, while rulings on questions of law are subject to appeal.

Fact-finding hearing

A proceeding where facts relevant to deciding a controversy are determined.

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