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Absolute Liability: A type of liability
that arises from extremely dangerous operations. An
example would be in the use of explosives: A
contractor would almost certainly be liable for
damages, injuries or death caused by vibrations of
the earth following an explosive detonation. With
absolute liability it is usually not necessary for a
claimant to establish that the operation is
dangerous.
Acceptance: Acceptance prevents a buyer
rejecting goods for breach of contract (i.e. if
goods are faulty). There are 3 ways in which a buyer
will be regarded as having 'accepted' goods: 1. If
he tells the seller that he accepts the goods; 2. If
he retains goods beyond a reasonable time without
telling the seller that he wishes to reject them;
and 3. If he does an act which suggests that the
seller no longer owns the goods (i.e. if he gets
someone other than the seller to repair faulty
goods).
Addiction: A physiological and psychological
compulsion for a habit-forming substance. In extreme
cases, an addiction may become an overwhelming
obsession, which may cause injuries or even death.
Affidavit: A written statement affirmed or
sworn by oath before a commissioner for taking
affidavits in British Columbia or a notary public,
for use as evidence in court.
Affirmed: In the practice of the appellate
courts, the decree or order is declared valid and
will stand as rendered in the lower court.
Age of Majority: The age when a person
acquires all the rights and responsibilities of
being an adult. In most states, the age is 18.
Aggregate Products Liability Limit: This
limit represents the amount of money which an
insurer will pay during the term of a policy for all
Products Liability claims which it covers.
Alcohol Education Program: One of the
required penalties of an OUI conviction. First
offenders must take a 16-week course; second
offenders must participate in a 2-week inpatient
program. There are also some accelerated first
offense programs available.
Allegation: Something that someone says
happened.
Alternative Dispute Resolution: Methods
for resolving problems without going to court.
Amicus Curiae: Latin for "friend of
the court." Refers to a party that is allowed
to provide information (usually in the form of a
legal brief) to the court even though the party is
not directly involved in the case.
Analgesic: Generic term for medications
that relieve pain. Some analgesics like aspirin have
a low pain-relieving threshold, whereas others like
Oxymoron have a much higher ceiling.
Answer: In a civil case, the defendant's
written response to the plaintiff's complaint. It
must be filed within a specified period of time, and
it either admits to or denies the factual basis for
liability.
Appeal: A request to a supervisory court
usually composed of a panel of judges, to overturn
the legal ruling of a lower court.
Appellate: About appeals; an appellate
court has the power to review the judgment of
another lower court or tribunal.
APS or Administrative Per Se: In many
states, there are two separate cases that arise from
a single drunk driving arrest. The court case, and
the Administrative Per Se, or APS case, with the
Motor Vehicles Department. In cases where someone is
arrested for DUI, DWI, OUI, OWI, or a related drunk
driving charge, and gives a breath or blood test
with results that are above the legal limit, the
Motor Vehicles Department will take an
administrative action against the driver. Most
states limit the time a driver has to request a
hearing to contest the APS action. Usually, it is
just a few days.
Arbitration: A method of alternative
dispute resolution in which the disputing parties
agree to abide by the decision of an arbitrator.
Arraignment: The first court appearance
after an arrest, where the charges are formally
read, and you plead not guilty.
Assignment: The transfer of legal rights,
such as the time left on a lease, from one person to
another.
Assumption of Risk: A defense raised in
personal injury lawsuits. An Assumption of Risk
asserts that the plaintiff knew that a particular
activity was dangerous and thus bears all
responsibility for any injury (or possibly a death)
that resulted.
At Fault: Found responsible. Sometimes
fault is shared between parties involved, depending
on the circumstances of each case.
Attorney-Client Privilege: Generally, all
communications between an attorney and their client
are privileged, that is they are entirely
confidential, being given special protection under
the law, and no one else (particularly their
opponents in a lawsuit) are entitled to gain access
to them. This is referred to as the Attorney-Client
Privilege. Also, most documents produced by an
attorney and his staff in regard to the client's
case are also privileged. This is referred to as the
attorney work-product privilege. Often times, a
defense attorney may, through the discovery process,
seek to acquire access to these documents developed
by the personal injury attorney and his client.
There are only very narrow and specific instances
where they are entitled to do so. However, it is the
job of the personal injury attorney to know these
exceptions and to zealously guard the
confidentiality of these documents and the privacy
of his clients.
