Law School

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infringement

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Unauthorized use, typically of a patent or copyright.

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gross negligence

Back 2

Failure to use even the slightest amount of care in a way that shows recklessness or willful disregard for the safety of others.

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privileged communication

Back 3

Conversation that takes places within the context of a protected relationship, such as that between an attorney and client, a husband and wife, a priest and penitent, and a doctor and patient. The law often protects against forced disclosure of such conversations.

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heirs

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Persons who are entitled by law to inherit the property of the deceased if there is no will specifying how it's divided.

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chapter 13 bankruptcy

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A type of bankruptcy in which a person keeps his assets and pays creditors according to an approved plan.

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foreclosure

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When a borrower cannot repay a loan and the lender seeks to sell the property.

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franchise

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A business relationship in which an owner (the franchisor) licenses others (the franchisees) to operate outlets using business concepts, property, trademarks and tradenames owned by the franchisor.

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foreseeability

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A key issue in determining a person's liability. If a defendant could not reasonably have foreseen that someone might be hurt by his or her actions, then there may be no liability.

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good faith

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Honestly and without deception. An agreement might be declared invalid if one of the parties entered with the intention of defrauding the other.

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property guardian

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Person appointed to oversee property left to a minor in a will. Distinguished from a personal guardian.

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garnishment

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Also known as wage execution. A court-ordered method of debt collection in which a portion of a person's salary is paid to a creditor. Often used to collect child support payments.

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pro se

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(pronounced pro say) Latin phrase that means ""for himself."" A person who represents himself in court alone without the help of a lawyer is said to appear pro se.

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general partner

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One of two kinds of partners in a limited partnership. A general partner has the right to participate in the management of the partnership and has unlimited personal liability for its debts.

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bifurcation

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Splitting a trial into two parts

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beneficiary

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Person named in a will or insurance policy to receive money or property; person who receives benefits from a trust.

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bench trial

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Also called court trial. A trial held before a judge and without a jury.

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capital loss

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The loss that results from the sale of a capital asset, such as real estate, a house, jewelry or stocks and bonds. Also the loss that results from an unpaid, non-business (personal) loan.

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burden of proof

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The duty of a party in a lawsuit to persuade the judge or the jury that enough facts exist to prove the allegations of the case. Different levels of proof are required depending on the type of case.

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board of directors

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The group of people elected by a corporation's shareholders to make major business decisions for the company.

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bond

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A document with which one party promises to pay another within a specified amount of time. Bonds are used for many things, including borrowing money or guaranteeing payment of money.

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brief

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A written document that outlines a party's legal arguments in a case.

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probate

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The legal process in which a court oversees the distribution of property left in a will.

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by-laws

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A corporation's rules and regulations. They typically specify the number and respective duties of directors and officers and govern how the business is run.

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probable cause

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A reasonable belief that a person has committed a crime.

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probation

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The release into the community of a defendant who has been found guilty of a crime, typically under certain conditions, such as paying a fine, doing community service or attending a drug treatment program. Violation of the conditions can result in incarceration. In the employment context, probation refers to the trial period some new employees go through.

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strict liability

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Liability even when there is no proof of negligence. Often applicable in product liability cases against manufacturers, who are legally responsible for injuries caused by defects in their products, even if they were not negligent.

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stare decisis

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Latin for ""to stand by that which is decided."" Refers to the principle of adhering to precedent when deciding a case.

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security agreement

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A contract between a lender and borrower that states that the lender can repossess the property a person has offered as collateral if the loan is not paid as agreed.

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plaintiff

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The person who initiates a lawsuit.

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grand jury

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A group of citizens convened in a criminal case to consider the prosecutor's evidence and determine whether probable cause exists to prosecute a suspect for a felony.