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21 Cards in this Set

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  • Back
DAMAGES
The financial compensation awarded to someone who suffered an injury or was harmed by someone else's wrongful act
DEBTOR
Person who owes money
DECISION
The judgement rendered by a court after a consideration of the facts and legal issues before it
DEFAMATION
The publication of a statement that injures a person's reputation. Libel and slander are defamation
DEFAULT
The failure to fulfill a legal obligation, such as neglecting to pay back a loan on schedule
DEFAULT JUDGMENT
A ruling entered against a defendant who fails to answer a summons in a lawsuit
DEFENDANT
In creiminal cases, the person accused of the crime. In civil matters, the person or organization that is being sued
DEPOSITION
Part of the pre-trial discovery (fact finding) process in which a witness testifies under oath. A depostion is held out of court with no judge present, but the answers often can be used as evidence in the trial
DISBURSEMENTS
Legal expenses that a lawyer passes on to a client, such as for photocopying, overnight mail and messenger services
DISCOVERY
Part of the pre-trial litigation process during which each party requests relevant information and documents from the other side in an attempt to "discover" pertinent facts
DISMISSAL WITH PREJUDICE
When a case is dismissed for good reason and the plaintiff is barred from bringing an action on the same claim
DISMISSAL WITHOUT PREJUDICE
When a case is dismissed but the plaintiff is allowed to bring a new suit on the same claim
DOUBLE JEOPARDY
Being tried twice for the same offense
DUE PROCESS
The idea that laws and legal proceedings must be fair. the Constitution guarantees that the government cannot take away a person's basic rights to "life, liberty or property, without due process of law." Courts have issued numerous rulings about what this means in particular cases
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
EQUAL PROTECTION CLAUSE
Protion of the Fourteenth Amendment to the US Constitution that prohibits discrimination by state government institueions. the clause grants all people "equal protection of the laws," which means that the states must apply the law equally and cannot give preference to one person or class of persons over another
ESCROW
Money or documents, such as a deed or title, held b a third party until the conditions of an agreement are met. For instance, pending the completion of a real estate transaction, the deed to the property will be held "in escrow."
ESCROW ACCOUNT
A special account in which a lawyer or escrow agent deposits money or documents that do not belong to him or his person
EXECUTE
to complete; to sigh; to perform
EXEMPT EMPLOYEES
Workers not entitled to overtime, generally workers in executive, administrative or professional positions
EXPRESS WARRANTY
As assertion or promise concerning goods or services. Statements such as "This air conditioner will cool a five-room house," or "We will repair any problems in the first year" are express warranties