Legal Terms – A Foreign Vocabulary
Sometimes lawyers have a tendency to use confusing legal terms in conversation, assuming that everyone will understand what they mean. Of course, that is not the case – legal professionals have their own vocabulary that is often foreign to those outside of the community. In this article, we will define some of the most common legal terms used in our AutoAccident.com practice and within our blog.
Legal Terms Defined
- Act of God. This term describes a force of nature that causes destruction, injury, or death, for which a human being cannot be held responsible, such as an earthquake. This phrase originated as far back as the 13th century. It is used in modern times to release parties from contractual obligations. Other times, insurance companies try to rely on the concept to avoid paying claims, such as when a tree falls and causes injuries or totals a car, for example.
- Affidavit. An Affidavit is a written statement, the author of which signs an oath or affirmation to its truth. Affidavits are commonly used during a trial when the witness cannot appear in person.
- Arbitration. This is a form of dispute resolution. Arbitration can be described as a mini-trial, where an arbitrator hears both sides of a conflict and later issues a decision. In our personal injury practice, unless it is binding arbitration, the arbitrator’s award can be rejected by either party with a formal request to continue to move the case forward to trial.
- Damages. Injury lawyers use this word a lot. In fact, you will come across it frequently in our blog posts. Damages are monies paid by one party to another to compensate for any harm caused by the payer. Damages are usually considered at the conclusion of civil cases after the issue of liability (fault) has been determined. If a party has been determined to have caused harm to another, the amount of monetary damages he or she owes the injured party is then determined by compromise, or by a jury.
- Discovery. Another often-used term in our practice, “discovery” is the pre-trial phase of gathering information and documents from the opposing side. In California, litigants get to know what the other side will be entering into evidence at trial so that they may argue their own case more effectively.
- Duty of Care. The duty of care is a key component when determining a party’s negligence. It means that one person has an obligation to take reasonable care towards another. For example, property owners have a duty of care to make sure their property does not include a dangerous condition that may cause injuries to visitors.
- Jurisdiction. Jurisdiction determines where a lawsuit is filed. There are a number of determinants for jurisdiction – one example is that the county in which an automobile accident occurs could have jurisdiction over any court case that arises as a result of that accident. There may be other options though. If the person being sued (the defendant) lives outside the county in which the accident happened, the plaintiff (the person filing the lawsuit) can choose to file suit in the county where the defendant lives. Jurisdiction also hinges on the dollar amount in dispute. Small claims court has jurisdiction over cases in which smaller amounts of money are sought.
- Litigation. Litigation begins when a lawsuit is filed – it refers to the process of initiating and arguing a case in court. Many cases handled by experienced car accident lawyers settle before a lawsuit is filed, and never enter litigation.
- Mediation. Similar to arbitration, mediation is a type of dispute resolution. Unlike arbitration, where an arbitrator issues a decision and an award, the mediator simply hears both sides and works with them to try to reach an amicable compromise. A mediator will often point out the strong and weak points of each side’s arguments.
- Pleadings. Written documents that are submitted by the parties of a lawsuit to the court are known as pleadings.
A skilled car accident lawyer will make sure to thoroughly explain every legal concept that is important to your case. Watch the YouTube video for other things to look for when choosing an attorney.
Stockton Personal Injury Attorney
Thanks for checking out our blog. I’m Ed Smith, a Stockton personal injury attorney with nearly 40 years of personal injury experience. If you or a loved one has been injured in a car accident that was caused by the negligence of another driver, we will be happy to dispense free and friendly advice. Call our law firm at (209) 227-1931 or (800) 404-5400. We can discuss your case and if appropriate, schedule a no-obligation consultation.
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