Aviation Law Common Terminology (2)

Front 1

Cross Claim

Back 1

claim brought by a defendant in an action against the plaintiff

Front 2

Declaratory judgement

Back 2

one who declares the status, rights or duties of the parties involved but does not order any action to be taken.

Front 3

Defendant

Back 3

the defender, the one against whom a claim or a charge is brought. The ne who denies a claim in a court action

Front 4

Demurrer

Back 4

even if the facts stated by the other party are true, they do constitute an enforceable claim.

Front 5

de novo

Back 5

anew, afresh, a second time. In this type of trial, the matter is tried anew as if it had not been heard before and as if no decision had been previously rendered.

Front 6

deposition

Back 6

testimony of a witness, conducted under oath outside of the courtroom.

Front 7

discovery

Back 7

disclosure of facts, documents, and evidence to the opposing party upon request.

Front 8

Easement

Back 8

a liberty, privilege, or advantage, that entitles its holder to some limited use or enjoyment in the land of another

Front 9

avigation easement

Back 9

the right to cross through or otherwise use the airspace overlying the property of another.

Front 10

Eminent domain

Back 10

inherent power of a sovereign government to take private property for public use

Front 11

Estoppel

Back 11

condition that stops or prohibits action because of contradiction

Front 12

Freedom of information Act 1966

Back 12

provides entitlement to information from government files

Front 13

Privacy Act of 1980

Back 13

restricts acquisition of certain information

Front 14

Habeas corpus

Back 14

Latin for "you have the body". bring a party before a court of judge

Front 15

injunction

Back 15

court order to stop

Front 16

Insurance

Back 16

contract (policy) whereub payment of a premium (fee) is given in exchange for insurance (reimbursement) against loss incurred (at risk)

Front 17

Insurance waiver

Back 17

gives up the right to reimbursement under certain circumstances such as flying an airplance

Front 18

Interrogatories

Back 18

series of questions

Front 19

Jurisdiction

Back 19

power, authority, capacity, or right-to-act of a court within a given legal or geographiv area

Front 20

Liability

Back 20

all manner of responsibility, obligation, debts and assumption of risk.

Front 21

Litigation

Back 21

legal contest, lawsuit, or a contest by judicial process

Front 22

Negligence

Back 22

ommission of doing what a reasonable person would do, the failure to excercise "ordinary care" to to be "careless"

Front 23

Plaintiff

Back 23

person that begins a legal action.

Front 24

Police power

Back 24

governmental power to make and enforce reasonable laws and regulations in the interst of the general health, safety, welfare and morals of its citizens.

Front 25

Preemption

Back 25

to usurp higher authority

Front 26

Proximation

Back 26

"legal cause" inc,uding foreseeable harm to one to whom a duty owed.

Front 27

Receiver (or Trustee)

Back 27

appointed by the court to take into custody, management or control the property of another

Front 28

remand

Back 28

send back to the lower court

Front 29

Res ipsa loquitur

Back 29

latin term denoting that negligence is obvious. Literally means " the thing speaks for itself"

Front 30

reverse

Back 30

annul, revoke, make void a legal decision.

Front 31

trial

Back 31

formal examination of facts and evidence by a court of law.

Front 32

Tort

Back 32

civil wrong resulting in personal injury or property damage

Front 33

3 elements of Tort

Back 33

1) duty to protect others
2)failure to conform to a reasonable standard
3)conduct of the person supposedly at fault is so closely related to the incident as to have caused it

Front 34

Underwrite

Back 34

to assume risk by way of insurance

Front 35

writ of certiorari

Back 35

an order in writing from a superior to an inferior court directing the proceedings of a specified case be sent up for review

Front 36

Writ of mandamus

Back 36

means "we cammand" order by the court to public officials, or to inferior court, directing them to do or not do something within the scope of their duties

Front 37

Zoning

Back 37

partitions a local governmental jurisdiction by ordinance into authorized land use districts.