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Damages: Damages are awarded in various
categories. Compensatory damages compensate the
plaintiff for actual dollar-value losses (e.g.,
medical expenses, both past and future), lost
income, loss of future earning capacity, etc.
General damages, which are also a form of
compensatory damages, cover more intangible losses,
such as pain, suffering, humiliation, the loss of
enjoyment of life as well as grief suffered from the
loss of a loved one. Punitive damages (which are
rare) serve to punish a defendant for extreme
behavior and which serve to deter others from
similar conduct.
Decision: The judgment rendered by a court
after a consideration of the facts and legal issues
before it.
Defective Product: A "defective
product" is one that causes injury to a person
because of some defect in the product (e.g.,
manufacturing defect, design defect, or inadequate
warning). Product liability litigation and claims
are usually more complicated than ordinary cases
because of the necessity of securing experts in the
field from which the product was manufactured. These
experts can show alternative designs, and can
demonstrate that the manufacturer could have
prevented the injury, or death, by making
modifications, installing safety guards, or having
designed a completely different product.
Deposition: A deposition is a form of
discovery in which a plaintiff, a defendant, a
witness, or an expert witness with relevant
information about a lawsuit is formally questioned
under oath by the attorneys representing all parties
in the lawsuit. The deposition is similar to the
giving of oral testimony in a trial, but takes place
under less formal circumstances and in advance of a
trial. The deposition is typically before a court
reporter and the witness is subjected to examination
by attorneys for all parties.
Defendant: A person who is sued or accused
in a court of law.
Design Defect: In these cases, a poor
design causes injury to the person. In North
Carolina, the injured person must prove that the
manufacturer acted unreasonably in designing the
product, that this conduct proximately caused the
injury, and one of the following: the design of the
product was so unreasonable that a reasonable
person, aware of the facts, would not use or consume
a product of this design; or the manufacturer
unreasonably failed to adopt a safer, practical,
feasible and otherwise reasonable design and that
the better design would have prevented or
substantially reduced the risk of harm without
substantially impairing the usefulness, practicality
or desirability of the product.
Direct Evidence: Evidence that stands on
its own to prove an alleged fact.
Direct Examination: The initial
questioning of a witness by the party that called
the witness.
Directed Verdict: A judge's order to a
jury to return a specified verdict, usually because
one of the parties failed to prove its case.
Disbursements: Expenditures of money. When
lawyers charge clients for disbursements, they seek
to recover costs for expenses such as photocopying,
long-distance phone charges, etc.
Discovery: The use of depositions,
interrogatories, requests for production of
documents, requests for admissions, and demands for
independent medical examinations, and other
procedures to discover relevant evidence possessed
by the other parties or by independent witnesses.
Dismissal with Prejudice: An order to
dismiss a case in which the court bars the plaintiff
from suing again on the same cause of action.
Dismissal without Prejudice: An order to
dismiss a case in which the court preserves the
plaintiff's right to sue again on the same cause of
action.
Dismissal: The judge may dismiss your case
at motion hearing if there is evidence that your
rights were violated during the stop of the vehicle,
or a host of other reasons, if the evidence against
you is weak. The judge can dismiss a case with
prejudice, which means the DA can't re-file the case
against you, or without prejudice, which means the
DA can chose to re-file and try again to convict
you.
Drunk Driving: A general reference to
those criminal cases that are called DUI, DWI, OUI,
OWI, DUII, DWAI, or other acronyms. They generally
describe two types of cases: first, where the driver
is sufficiently impaired by alcohol, drugs, or a
combination of the two that the driver cannot drive
safely. Second, "drunk driving" relates to
those cases where someone is above that state's
legal limit, usually .08, no matter how safely the
person is driving.
DUI: Driving under the influence. Will
either refer to driving under the influence of
alcohol, driving under the influence of drugs, or
driving under the influence of a combination of
liquor and drugs. This is the most widely used
acronym for drunken driving cases. The standard for
what it means to be under the influence will vary
from state to state. It is important to contact a
lawyer in your area that knows DUI law if you have
been accused of DUI or a related drunk driving
offense.
DUII: Driving under the influence of an
intoxicant. The intoxicant in DUII cases can be
either alcohol or other drugs. There is no
difference between a charge of DUII and DUI. A DUII
charge is no more or less serious than that of DUI.
However, Oregon, the state that refers to drunk
driving as DUII, does have a pre-trial diversion
program that many other states do not offer. Before
you get involved in any diversion program, please
talk to a DUI defense lawyer, as there are pros and
cons to these types of programs.
Duty to Warn: The legal obligation to warn
people of a danger. Typically, manufacturers of
hazardous products have a duty to warn customers of
a product's potential dangers and to advise users of
any precautions they should take.
DWI: Driving while intoxicated, or driving
while impaired. Like DUI, DWI can refer to driving
while intoxicated or impaired as the result of
either drinking alcohol or taking drugs, or both.
This is the second most widely used acronym for
drunken driving cases. Like DUI, the question of how
to define being intoxicated or impaired is at the
heart of a drunken driving case in jurisdictions
that use DWI. It is critical to consult with a DWI
lawyer in your area that understands these
sophisticated issues.
