Aviation Law Common Terms

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Amicus Curiae

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Latin expression meaning "friend of the court." It is a bystander (usually an attorney) who volunteers information or states some matter of law for the assistnace of the court. It may also be a person who is permittied to introduce evidence, or arguments, to protect his or her interests even though the person has no legal standing in the current case.

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Appellant

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is one who appeals the decision of a lower court to a higher court for review.

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Appellee

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is the other party in a litigation against whom an appeal is taken (also called the "respondent")

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Affirm

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is to confirm, ratify, or approve a judgment of a lower court.

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Bailment

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is the delivery of property by one (the bailor) to another (the bailee) in trust (or contract), and once the contract is fulfilled the property will be returned.

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Caveat emptor

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is a Latin phrase meaning, "let the buyer beware." According to this maxim a purchaser must examine, judge, and test before buying - and ulitmately must be held responsible for his or her actions. It is a principle that has been generally outmoded by strict liability, warranty, and other consumer protection laws, which favor the consumer - buyer.

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Condemnation

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is the act of judicially converting private property to public use under eminent domain. Property is taken without consent of the owner, but with just compensation. Inverse condemnation occures when a public entity takes or damages property without going through the legal procedure of condemnation, and does so without compensation to the owner. Conversely, adverse possession is a method of (private) acquisition of title to real property by possession for a statutory period under certain conditions.

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Contract

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is a legally enforceable agreement upon sufficient consideration. There is a subject or object over which there is an offer and acceptance agreed upon for some consideration (recompense). The essential elements of a contract are (1) competent parties, (2) the subject or object, (3) legal consideration, (4) mutuality of agreemtn (or assent), and (5) mutuality of obligation (i.e. both parties are bound by the terms).

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Cross-claim

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is a claim brought by a defendant in an action against the plaintiff

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Declaratory judgment

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

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Defendant

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

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Demurrer

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means that even if the facts stated by the other party are true, they do not constitute an enforceable claim.

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De novo

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means anew, afresh, a second time. In a de novo trial, the matter is tried anew; the same as if it had not been heard before and as if no decision had been previously rendered.

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Deposition

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

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Discovery

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

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Easement

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is a liberty, privilege, or advantage that entitles its holder to some limited use or enjoyment in the land of another. The limited use might be the right to cross the land. An avigation easement provides the right to cross through or otherwise use the airspace overlying the property of another

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Eminent domain

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

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Estoppel

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is a condition that stops or prohibits action because of contradiction.

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Freedom of Information Act of 1966

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provides entitlement to information from government files. Opposing it is the privacy act of 1980, which restricts acquisiton of certain information.

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Habeas corpus

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in Latin means, "you have the body." In law is the name given to a variety of writs, having for their objective to bring a party before a court or judge. When employed alone in common usage, and as the term has been used in this text, it is understood to mean habeas corpus ad subjiciendum, which is a writ directed to the person detaining another, and commanding that person to produce the "body" of the prisoner, or person detained.

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Injunction

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is a court order to stop.

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Insurance

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

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Insurance waiver

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gives up the right to reimbursement under certain circumstances such as flying an airplane. An (aviation) rider may reinstate the coverage to include the categoy of activity otherwise excluded.

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Interrogatories

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are a series of questions.

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Jurisdiction

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is the power, authority, capacity, or right-to-act of a court within a given legal or geographic area.

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Liability

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is all manner of responsibilities, obligations, debts and assumptions or risk.

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Litigation

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is a legal contest, a lawsuit, or contest by judicial process.

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Negligence

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is the omission of doing what a resonable person would do, the failure to exercise "ordinary care," or to be "careless"

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Plaintiff

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is the one who begins a legal action. It may be the person who begins a personal action to recover damages for injury to his or her rights; i.e., the complaining party in a lawsuit. It may also be defendant who is appealing the adverse decision of a lower court; that is to say, litigant roles may be reversed in an appeal.

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Police power

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is a governmental power to make and enforce resonable laws and regulations in the interest of the general health, safety, welfare and morals of its citizens.

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Preemption

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is to usurp higher authority

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Proximate

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is a comples term, perhads best summarized in the phrase "legal cause"; it includes foreseeable harm to one to whom a duty is owed; it has also been described as the dirct, immediate cause, without which an incident would not have happened. This latter concept is also a part of "but-for" causation.

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Receiver (or trustee)

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

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Remand

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is to send back to the lower court.

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Res ipsa loquitur

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is a Latin term denoting that negligence is obvious. Literally it means, "the thing speaks for itself." Whenever the conditions surrounding and event are so extraordinary, it is presumed someone must be at fault; i.e., an accident in quiestion could not have happened without negligence.

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Reverse

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is to annul, revoke, or to make void an legal decision. A higher court may "reverse" the decision of a lower court.

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Trial

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is the formal examination of the facts and evidence by a court of law. It is a judicial examination fo the issues between parties to a civil or criminal action in accordance with the law at hand.

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Tort

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is a civil wrong resulting in personal injury or property damage. It is separate, for example, from contract law, wherein there is breach of written or implied agreement. The three elements of every tort action are: (1) an duty to protect others against unreasonable risks; (2) a failure to conform to a resonable standard; and (3) the conduct of the person supposedly at fault is so closely related to the incident as to have caused it - to have been the "but-of" and proximate cuase resulting in damages.

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Underwrite

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is to assume rish by way of insurance

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Venue

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is the place where injury happened, crime was commited, or where the accused is brought to trial.

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Writ of certiorari

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is an order in writing from a superior to an inferior court, directing the proceedings of a specified case be sent up for review. The U.S. Supreme Court customarily uses a writ of certiorair when it decides to review the decision of a lower court.

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Writ of mandamus

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literally interpreted means "we command." It is an order by the court to public official, or to an inferior court, directing them to do or not to do something within the scoper of their duties.

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Zoning

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partitions a local governmental jurisdition by ordinance into authorized land use districts. It may also inlcude regulations as to the structure and design of buildings with desingated areas.