Legal Terminology - A List of Personal Injury Legal Terms

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action. In the legal sense, a formal complaint or a suit brought in court.

adjudicate, adjudication. The process of being decided by a judge.

administrative agency. Governmental body responsible for administering and implementing a particular legislation, such as laws governing traffic safety or workers' compensation. These agencies may have rulemaking power and judge-like authority to decide disputes.

administrative hearing. Proceeding before an administrative agency which consists of an argument, a trial, or both. Rules governing the proceeding, including rules of evidence, are generally less strict than in civil or criminal trials.

administrator or administratrix. Person appointed by a court to administer a deceased person's estate. The person may be male (in which case, he would be referred to as the "administrator") or female (in which case, she would be referred to as the "administratrix").

adversary proceeding. Legal proceeding involving parties with opposing interests, with one party seeking legal relief and the other opposing it.

allegation. The claim made in a pleading by a party to an action setting out what he or she expects to prove.

amicus curiae. (Latin: "friend of the court.") Person or organization that files a legal brief with the court expressing its views on a case involving other parties because it has a strong interest in the subject matter of the action.

appeal. Request to a superior or higher court to review and change the result in a case decided by an inferior or lower court or administrative agency.

appellate court. A court having jurisdiction to hear an appeal and review the decisions of a lower or inferior court.

arbitration. A mini-trial, which may be held in place of a court trial and conducted by a single person or a panel of three people who are not judges. The arbitrators generally are former judges or experienced lawyers. Generally arbitrations are less expensive and occur more quickly than jury trials. Arbitration awards may be converted into a legal judgment on petition to the court, unless some party has protested that there has been a gross injustice, collusion or fraud.

assault. A willful attempt or threat to harm another person, coupled with the present ability to inflict injury on that person, which causes apprehension in that person. Although the term "assault" is frequently used to describe the use of illegal force, the correct legal term for use of illegal force is "battery ."

assumption of the risk. When a person voluntarily and knowingly proceeds in the face of an obvious and known danger, she assumes the risk. A person found to have assumed the risk cannot make out the duty element of a negligence cause of action. The theory behind the rule is that a person who chooses to take a risk cannot later complain that she was injured by the risk that she chose to take. Therefore, she will not be permitted to seek money damages from those who might have otherwise been responsible.

attorney-client privilege. Client's privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and his or her attorney.

bad faith. Intention to mislead or deceive; conscious refusal to fulfill some duty. Implies active ill will, as opposed to negligence. Bad faith is not bad judgment; it requires conscious wrongdoing.

bailiff. Court officer responsible for keeping order in the court, custody of the jury, and custody of prisoners while in court.

battery. The unlawful use of force resulting in the injury of another. Battery always includes assault. See assault.

bench trial or non-jury trial. Trial before a judge and without a jury. In a bench trial, the judge decides questions of law and questions of fact.

best evidence. The most direct evidence possible, such as producing an original document to prove that the document exists and what it states. A copy of a document or testimony by a witness would be "secondary evidence." The best evidence rule prohibits the introduction of secondary evidence unless best evidence cannot be obtained, so long as the party seeking to introduce the secondary evidence is not at fault in making the best evidence incapable of being obtained.

binding authority. Law that controls the outcome of a case. For example, a decision on the same point of law by a higher court in the same state must be followed by a lower court in that state. See precedent.

breach of contract. Failure, without legal excuse, to perform all or some of the promises made in a contract.

brief. Written document, usually prepared by an attorney, submitted to the court about a case, containing summaries of the facts of the case, relevant laws, and an argument showing how the laws support that party's position.

burden of proof or standard of proof. Degree of proof required in a specific kind of case to prevail. In the majority of civil cases, it is proof by a preponderance of the evidence.

bystander. In products liability law, a person who neither buys nor uses a product, but who nevertheless is injured by the product and may have a cause of action.

capacity defense. Broadly, describes a defendant's lack of some fundamental ability to be held accountable. For example, in Pennsylvania, persons under 7 years of age are presumed incapable of negligence.

causation. The act by which an effect is produced. See also "legal cause" and "proximate cause."

cause of action. Fact or facts that give someone the right to seek a remedy through the court because the facts of the case apply to a certain law sought to be enforced.

certiorari. (Latin: "To be informed of.") Writ issued by a superior or higher court to a lower court requiring the lower court to produce a certified record of a case tried there so that the superior court can examine the lower court proceedings for errors. See record .

civil action. Action brought to enforce private rights. Generally, all actions except criminal actions.

civil law. Body of law concerned with private rights and remedies, as contrasted with criminal law. Compare with criminal law.

claim petition. In cases where a worker is injured on the job, the injured employee files a claim petition to seek initial compensation. This occurs when there has been a Notice of Denial - no workers' compensation payments have been made or medical benefits have not been paid.

class action. A means by which one or more individuals are able to sue for themselves and as representatives of other people. A class action requires: an identifiable group of people with a well-defined interest in the facts and law of the suit; too many people in the group for it to be practical to bring them all before the court; and the individuals bringing suit are able to adequately represent the entire group.

collateral source rule. The rule ensures that compensation awarded to a plaintiff in a lawsuit will not be reduced if the plaintiff receives compensation for the same injury from another source, such as insurance. Under the rule, a defendant tort-feasor is unable to benefit from the fact that the plaintiff received money from another source, such as insurance, because of the defendant's tort.

compensation. Something that makes up for a loss. In workers' compensation cases, it refers to payment to unemployed or injured workers or their dependents.

complaint. In the legal sense, the document a plaintiff files with the court which contains allegations and damages sought. A complaint generally starts a lawsuit.

compromise and release. In workers' compensation cases, this occurs when a lump sum payment of money is paid by the insurance carrier to an injured worker to resolve the case. This lump sum is in lieu of the weekly compensation benefits the injured worker is receiving and may or may not include future medical benefits.

circumstantial evidence. Evidence not based on actual personal knowledge or observation of the fact in dispute, but, rather, evidence of other personal knowledge or observation which allows a jury to infer the existence or nonexistence of the fact in dispute. An example of direct evidence of who was at fault for a car accident would be a witness who actually saw the accident. An example of circumstantial evidence in this case, would be a witness who drove by after the impact and saw the defendant's car in the wrong lane.

common law. Law deriving its authority from usage and customs or judgments of courts recognizing and enforcing such usages and customs. Generally, law made by judges rather than by legislatures.

comparative negligence. Comparing the plaintiff's contributory negligence to the defendant's negligence. Pennsylvania's Comparative Negligence statute states that when a plaintiff is guilty of contributory negligence and that negligence was not greater than the defendant's negligence, the plaintiff's damages will be diminished in proportion to his negligence in causing the accident.

contingent fee agreement . An agreement between an attorney and his or her client whereby the attorney agrees to represent the client for a percentage of the amount recovered. This fee agreement is frequently used in personal injury actions.

contributory negligence. Broadly, carelessness on the plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of one's self against unreasonable risk of harm.

counterclaim. Claim brought by a defendant in a lawsuit against the plaintiff.

court. Refers to a specific court, such as The Supreme Court of Pennsylvania, or may also refer to a judge.

court reporter. The person who stenographically records and transcribes testimony during court proceedings or related proceedings such as depositions.

criminal law. Criminal law declares what conduct is criminal and prescribes punishment to be imposed for criminal conduct. The purpose of criminal law is to prevent harm to society.

cross claim. Claim brought by a defendant in a lawsuit against a co-defendant in the lawsuit.

damages. Money payment recovered in the courts for an injury or loss caused by an unlawful act or omission or negligence of another.

decedent. A deceased person.

declaratory judgment. Judicial adjudication of the rights of the parties in a lawsuit made to clarify the parties' legal positions.

decree. Declaration of the court announcing the legal consequences of the facts found. See also order, judgment.

defendant. In civil law, the party defending a lawsuit ; the party against whom the plaintiff seeks to recover damages from.

demurrer. Defendant's claim that even if the allegations in a complaint are true, they are not sufficient to impose any liability on the defendant.

deposition. Testimony of a witness taken under oath, but not in a courtroom. May be used to discover evidence prior to trial or to preserve testimony for use in court at a later time.

dicta. Plural of "obiter dictum." A remark made by a judge in a legal opinion that is irrelevant to the decision and does not establish a precedent.

direct evidence. Generally, eyewitness evidence. Compare with circumstantial evidence.

disability. In the legal sense, lack of legal capacity to perform some act. Used in a physical sense in connection with workers' compensation acts and is a composite of (a) actual incapacity to perform employment tasks and the wage loss resulting therefrom and (b) physical bodily impairment which may or may not be incapacitating.

disfigurement. A technical term in workers' compensation cases for a serious and permanent scar to the head, neck, or face.

dismissal with prejudice . Final judgment against the plaintiff which prohibits bringing an action on the same cause of action in the future. In contrast, "dismissal without prejudice" allows the plaintiff to sue again for the same cause of action.

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

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.

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.

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.

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

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.

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.

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.

Family Practitioner. A physician who has a general health care practice and no specialization.

felony. Crimes of a graver or more serious nature than misdemeanors.

final receipt. In a workers' compensation case, it's the form presented by the insurance carrier for the injured employee's signature so that benefits will stop upon return to work.

first party benefits. In insurance law, first party benefits include medical benefits, income loss benefits, accidental death benefit, funeral benefit, and extraordinary medical benefits. In Pennsylvania, the only required coverage is $5,000 in medical benefits.

fracture. A break or crack in a bone.

fraud. False and deceptive statement of fact intended to induce another person to rely upon and, in reliance thereof, give up a valuable thing he or she owns or a legal right he or she is entitled to.

full tort option. In Pennsylvania, purchasers of motor vehicle insurance can choose "full tort," which gives the insured the unrestricted right to seek money damages for all injuries sustained in an accident caused by another driver, including economic loss, pain and suffering and other non-monetary damages.

gross negligence. Intentional failure to perform a manifest duty in reckless disregard of the consequences to another person's life or property. There is no clear distinction between gross negligence and willful negligence.

Health Maintenance Organization (HMO). A type of managed health care system that contracts with medical facilities, physicians, employers, and sometimes individuals to provide medical care to a group of people known as "members." Generally, members of HMOs don't have any significant "out-of-pocket" expenses because the medical care is most often paid for by an employer at a fixed price per patient.

hemorrhagic stroke. Occurs when an artery in the brain tears or bursts, causing blood to spill out.

HMO Negligence. Generally, a type of medical malpractice that can be defined as the carelessness of an HMO, acting through its physicians, in making treatment decisions for a member that results in injury to that member.

homeowner's insurance. Policy that insures individuals against any, some, or all of the risks of loss to personal dwellings or the contents of personal dwellings or the personal liability pertaining to personal dwellings.

hurt on the job. In order to establish a right to workers' compensation benefits, there must be an employment relationship during which an accident or an injury arises in the course of employment and is related thereto, and includes aggravation, reactivation, acceleration or death resulting from the injury.

in camera. In a judge's chambers; in private.

in camera inspection. Judge's private inspection of a document prior to his or her ruling on its admissibility or use at trial.

in camera proceedings. Trial or proceeding in a place not open to the public, usually in a judge's chambers.

indemnify. To restore the victim of a loss, either in whole or in part, by payment of money or repair or replacement of the thing lost.

informed consent. Person's agreement to allow something to happen, such as a medical procedure, that is based on full disclosure of the facts necessary to make an intelligent decision.

invitee. A person is an invitee on land if he enters land by invitation; his entry is connected with business being conducted on the land by the possessor of land; and the possessor of land is benefited by the entry.

joint and several liability . Refers to a plaintiff's ability to sue one or more defendants separately or all together at his or her option. Permits a group of defendants to be held both individually and collectively liable for all damages suffered by the plaintiff. The plaintiff can recover the entire amount of damages from one defendant, even if all of the defendants are liable.

judge. Workers' compensation judges are appointed and are representatives of the Pennsylvania Department of Labor and Industry. They conduct hearings in an administrative proceeding for workers' compensation cases.

judgment. Official decision of a court resolving the issues in a legal action and stating the rights and obligations of the parties. See also decree, order.

judicial. Pertaining to a judge.

judicial notice. The procedure by which a judge recognizes the existence of the truth of a certain fact having bearing on the case without the production of evidence because such fact is established by common notoriety. For example, if the accident happened on Thanksgiving, the judge can take judicial notice that the accident happened on a Thursday.

jurisdiction. The legal right by which judges exercise their authority.

lawsuit or suit. Generally, a court action brought by one person, the plaintiff, against another, the defendant , seeking compensation for some injury or enforcement of a right.

leading case. Case regarded as having determined the law on a particular point, thus becoming a guide for later decisions.

legal cause. Substantial factor in bringing about the harm. See also proximate cause.

legal fiction. Assumption of a fact that may or may not be true made by a judge to decide a legal question.

liability. An obligation that one is bound in law to perform; usually involves the payment of money damages.

liberal construction. Judicial interpretation of the law whereby the judge expands the literal meaning of the statute to meet cases that are clearly within the spirit or reason of the law. Compare with strict construction whereby the judge adheres to the literal meaning of the words.

licensee. In civil law, a person who enters land with consent, but nothing more.

limited tort option. In Pennsylvania, purchasers of motor vehicle insurance can choose "limited tort," which restricts their right to seek money damages for an accident caused by another driver. Under limited tort, the insured can only seek money damages for economic loss, including medical bills. The insured is prohibited from seeking damages for pain and suffering, except under certain limited circumstances. Compare with full tort option.

lump sum. See compromise and release.

malfeasance. Commission of a wrongful act; evil doing; wrongful conduct.

material fact. Generally, a fact essential to a case or a defense without which said case or defense could not be supported.

Medical Malpractice. Broadly, a claim brought against a health-care professional based on professional negligence wherein the health-care professional violates the applicable standard of care and an injury results.

Member. In relation to health care, a member is a person who belongs to a health care plan, like an HMO

misdemeanor. Crimes less serious than felonies. In Pennsylvania, the punishments associated with misdemeanors vary according to degree. A misdemeanor of the first degree may be sentenced to a term of imprisonment of not more than five years. A misdemeanor of the second degree may be sentenced to a term of imprisonment of not more than two years. A misdemeanor of the third degree may be sentenced to a term of imprisonment of not more than one year.

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

motion. An application made to a judge for the purpose of obtaining an order directing some act to be done in favor of the party presenting the application.

moving party. The party presenting the motion. Compare with non-moving party.

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.

nisi decree. Interim decree or order that will eventually become final unless something changes or an event takes place.

nonfeasance. Failure to perform some act which should have been performed.

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.

obiter dictum. Remark by a judge in a legal opinion that is irrelevant to the decision and does not establish precedent. Often used in the plural, dicta.

objection. In a trial, a reason stated on the record by an attorney that a matter or proceeding is illegal. Making objections in open court is important for purposes of making a record for appeal .

opinion. Written statement by a judge or court of the decision in a case which describes the law applied to the facts of the case and the reasons for the decision.

order. Written direction or command made by a court or judge, and not included in a judgment. See also decree.

ordinance. Commonly, a regulation passed by a municipal legislative body.

out-of-court settlement. An agreement reached between a plaintiff and a defendant to resolve a lawsuit privately and without a judge's authorization or approval.

panel of physicians. A posted list of doctors, specialists, and emergency care centers where injured workers in Pennsylvania must receive medical treatment for the first 90 days of injury if they wish to have their medical bills covered by their employer.

partial disability. In a workers' compensation case, this refers to any disability that is less than total. Workers' compensation benefits are generally measured by earning power in this situation.

perjury. Intentional false statement of material importance made under oath; lying under oath.

person. Generally, a human being. Legally, a "person" may statutorily include a corporation, partnership, trustee, legal representative, etc.

personal jurisdiction. The power of a court over a person. Compare with subject matter jurisdiction.

personal representative. One who stands in the place of another.

petition to terminate, modify or suspend benefits. In a workers' compensation case, this is the petition filed by the employer/insurance carrier in an attempt to modify, suspend or terminate an injured employee's compensation.

plaintiff. In civil law, the person who brings an action or starts a lawsuit.

plead. In civil law, a defendant's formal answer to a plaintiff's complaint.

pleading. A document filed in a court that pertains to a case.

possessor of land. A person who occupies land and intends to control it. Most often, it is the owner of the property.

power of attorney. Written document authorizing one person to take certain legal actions on behalf of the person giving the power of attorney.

precedent. Decision by a court that provides an example or authority for later cases involving a similar question of law. See binding authority.

preponderance of the evidence. The amount of evidence needed for a plaintiff to win in a civil action. A preponderance of the evidence is the greater weight of the evidence or the more convincing evidence in comparison to the evidence offered in opposition. A plaintiff can win by a preponderance of the evidence even if plaintiff's evidence merely tips the scales in plaintiff's favor.

presumptively capable of negligence. Pennsylvania law places minors in three categories based on age. Minors under 7 are conclusively presumed incapable of negligence. Simply put, under the law, they cannot commit torts. Minors between 7 and 14 are presumed incapable of negligence, but the presumption is rebuttable or disputable, and the presumption grows weaker as the child nears his or her 14th birthday. Minors over 14 are presumptively capable of negligence. Simply put, under the law they are presumed as being able to commit torts. The burden is on the minor to prove incapacity.

prevailing party. Generally, the winning party in a lawsuit.

Prima facie. Literally means "at first sight" or "on the face of it." "Prima facie evidence" is evidence that is good and sufficient on its face. A plaintiff makes out a "prima facie case" when he or she presents "prima facie evidence," which means that the plaintiff is permitted to prevail on that evidence alone, unless the defendant can put forth sufficient evidence to overcome it.

Primary Care Physician (PCP). A physician that is employed by or contracts with a managed health care system like an HMO that coordinates all of the member's medical care. A PCP is usually afamily practitioner . PCP's are also known as "gatekeepers" because they control a member's access to medical care within a health plan.

privileged communication. Statement protected from forced disclosure in court because the statement was made within a "protected" relationship such as attorney/client. See attorney-client privilege.

pro bono. (Latin: "for the good") Used to describe the provision of services free of charge.

procedural law. Generally, the body of law establishing the method or procedure of enforcing rights or obtaining redress for invasion of rights. Compare with substantive law which establishes rights.

products liability. Area of the law involving the liability of manufacturers and sellers of dangerous or defective goods or products.

promulgate. To officially announce.

property damage liability coverage. Automobile insurance coverage required under Pennsylvania law that provides money to pay claims if your car damages the property of another person.

proximate cause. The proximate cause of an injury is the primary or moving cause that produces the injury and without which the accident could not have happened, if the injury is one which might be reasonably anticipated or foreseen as a natural consequence of the wrongful act.

punitive damages or exemplary 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.

purchaser. In products liability law, a person who buys a product.

question of fact. See fact question.

question of law. An issue involving the application or interpretation of the law which is within the province of the judge. Compare with question of fact.

reasonable care. The degree of care that a prudent or careful person would exercise under the same or similar circumstances.

reasonable man doctrine or reasonable man standard. The standard which a person must adhere to in order to avoid civil liability for negligence is the standard of the reasonable man under all of the circumstances, including the foreseeability of harm to other persons, including the plaintiff.

rebut. Refute, defeat or take away the effect of an argument or assumption in a legal proceeding.

record. The official collection of all of the material filed with a court in a legal proceeding.

recovery. Generally, compensation or restriction of a right obtained as a result of the formal judgment or decree entered by a judge.

recusal. A judge's withdrawal from hearing a lawsuit because of personal interest or prejudice.

reversal. The setting aside of a lower court's decision by an appellate court.

ruling. Broadly, a determination made by a judge.

several liability. Liability separate and distinct from the liability of another which is sufficient to support a lawsuit without reference to anyone else's liability.

severance of actions. Judicial proceeding separating the claims of multiple parties and permitting separate actions on each one or some combination of them.

show cause order. Judicial direction to appear in court and present reasons why the court should not take a proposed action.

social host liability. The liability of a person (the "social host") who furnishes free alcoholic beverages to another (the "guest"), when the guest subsequently sustains injuries or causes injury to a third person because of his intoxication.

special jurisdiction. Power of a court to deal with only a limited type of case.

specific loss. In a workers' compensation case, this is the compensation payable for loss (amputation) or permanent loss of use of members of the body, complete loss of hearing in one or both ears, loss of vision in one or both eyes, and disfigurement.

spoliation. Generally, the destruction of evidence.

standard of care. In the law of negligence, the degree of care which a reasonable, prudent or careful person should exercise under the same or similar circumstances. If the standard falls below that established by law for the protection of others against unreasonable risk of harm, the person may be liable for damages resulting from such conduct.

standard of proof or burden of proof. Degree of proof required in a specific kind of case to prevail. In the majority of civil cases, it is proof by a preponderance of the evidence.

stare decisis. Policy of the courts to not overturn precedents; adherence to precedents.

statute. Generally, a law created by a legislature.

statute of limitations. The time prescribed by statute in which a plaintiff can bring a lawsuit.

stay. Court-ordered suspension of a judicial proceeding.

strict construction. Judicial interpretation of the law whereby the judge adheres to the literal meaning of the words. Compare with liberal construction which expands the literal meaning of the statute to meet cases that are clearly within the spirit or reason of the law.

strict liability. Doctrine that holds defendants liable for harm caused by their actions regardless of their intentions or lack of negligence. Often applied to manufacturers or sellers of defective products in products liability cases.

stroke. Damage to a part of the brain when its blood supply is suddenly reduced or stopped. This stoppage in blood flow can occur as the result of a blood vessel becoming blocked or bursting inside the brain. The part of the brain deprived of blood dies and can no longer function.

subject matter jurisdiction. The court's power to deal with the general subject matter involved in a case. For example, a bankruptcy court judge has no subject matter jurisdiction to hear a divorce case.

subornation of perjury. Procuring someone to make a false statement under oath.

subpoena. Command to appear at a certain place and time to give testimony on a matter.

subpoena duces tecum. Command to produce some document or paper.

subrogation. Substitution of one person for another, giving the substitute the same legal rights as the original party. For example, an insurance company may have a right of subrogation to sue anyone whom the person it compensated had a right to sue.

substantive law. The body of law that creates, defines and regulates right. Compare with procedural law which prescribes the manner to enforce rights or obtaining redress for invasion of rights.

sue. The act of bringing a lawsuit.

suit or lawsuit. Generally, a court action brought by one person, the plaintiff, against another, the defendant , seeking compensation for some injury or enforcement of a right.

summons. Formal document beginning a civil action or special proceeding which is a means to gain jurisdiction over a party. Also, a document directed to a sheriff or other authorized person ordering him to serve the person named on the summons who must appear at a certain place and time to respond to the action.

supplier of goods. In products liability law, all parties in the chain of supply of a product for profit, including manufacturers, sellers, and dealers.

supplemental agreement. In a workers' compensation case, this is the form signed by the injured employee when there has been a change in disability status.

survival action. A survival action is brought by the administrator of a deceased person's estate in order to recover loss to the estate resulting from a tort. A survival action continues in the decedent's personal representative a right of action which accrued to the decedent at common law because of a tort. A survival action, unlike a wrongful death action, is not a new cause of action. Where death is caused by negligence, both a survival action and a wrongful death action may be brought.

survival statutes. Statutory law that provides for a legal action to continue after the death of a person involved in the action.

technical errors. Errors committed during a trial that have not prejudiced the losing party's rights and therefore are not grounds for reversal on appeal.

testimony. Evidence delivered by a witness at trial either orally at trial or in the written form of an affidavit or deposition.

third party benefits. In insurance law, third party benefits refer to the amount of available coverage that the at-fault party has in bodily injury and property damage.

third party lawsuit. In workers' compensation law, when an injury is caused by the act or failure to act of a party other than the employer, that party is the "third party," and the injured worker may file a lawsuit against that party. An example of a third party lawsuit in workplace injury would be a products liability suit against the manufacturer of a defective tool.

tipstaff. Court-appointed officer whose duty it is to serve the judge in a variety of ways while court is in session. See bailiff.

tort. In civil law , generally, a wrong or injury committed against a person or property. A tort does not include breach of contract .

tort-feasor. One who commits a tort.

tortious. Having the quality of a tort; the wrongdoer.

total disability. In a workers' compensation case, this is the compensation paid when an injured employee is totally impaired due to a work-related injury. Benefits at the total disability rate are generally two-thirds of wages up to a maximum compensation rate

transcript. Official written copy of proceedings in a case, including hearings, depositions, and trial. Usually made by a court reporter.

traumatic brain injury. An insult to the brain caused by an external physical force that may produce a diminished or altered state of consciousness that results in an impairment of cognitive abilities or physical functioning and/or a disturbance of behavioral or emotional functioning.

trespasser. In civil law, a person who enters land without invitation, permission or privilege.

trial. The judicial examination and determination of issues between the parties to an action.

trial calendar. List maintained by the clerk of court or the trial judge of cases awaiting trial, which includes trial dates, names of attorneys representing parties, and other such information.

trial court. The first court to hear the case, as opposed to an appellate court which hears appeals of decisions made in trial courts.

undue influence. Abuse of position of trust or authority in order to induce a person to do or refrain from doing something to the advantage of the person exerting the influence.

user. In products liability law, a person who uses goods.

vacate. To set aside or void an order or decision of a court.

venue. Broadly, the geographical area where a court has authority to hear a case because it has personal jurisdiction and subject matter jurisdiction. The venue is usually the same area where the incident leading to the trial occurred. A change of venue may occur if negative publicity or other factor would make it difficult to find unbiased jurors.

verdict. The jury's decision in a case. A general verdict is the jury's finding either for the plaintiff or the defendant. A special verdict is a statement by the jury of facts it has found in response to questions submitted by the judge.

void. Having no binding effect or legal force; null.

waiver. Knowing and voluntary relinquishment of a right. Compare with release.

willful negligence. Intentional performance of an unreasonable act in disregard of a known risk, making it highly probable that harm will be caused. Willful negligence usually involves a conscious indifference to the consequences. There is no clear distinction between willful negligence and gross negligence.

workers' compensation. Insurance required of almost all employers to help cover their employees' economic loss due to a job-related injury or illness.

writ. Broadly, a court order requiring the performance of some act or giving authority to have the act done.

wrongful death action. An action brought to recover damages for the death of a person caused by a wrongful act or neglect or unlawful violence or negligence of another; provided that no recovery for the same damages claimed in the wrongful death action was obtained by the deceased during his lifetime.

wrongful death statute. Statutory law that provides the means for the representative of a decedent to bring suit alleging that the decedent's death was caused by someone's willful or negligent act and to seek compensation for monetary loss suffered because of the decedent's death.