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• Lawsuit Glossary
  Civil Remedies Glossary -------------------------------------------------------------------------------- Aiding and Abetting. Similar to civil conspiracy, when someone, not the actual perpetrator, so significantly contributes to the criminal operation as to be considered liable for their actions. Abscond. To go in a secretive manner out of the jurisdiction of the courts, or to lie concealed, in order to avoid their process. Answer. Formal written responses to the defendants/perpetrators file in response to plaintiff's complaints. These pleadings may deny some or all of the allegations; they may raise defenses such as self-defense or assumption of risk, or they may allege that even if all of the plaintiff's allegations are true, there is no liability. These pleadings are usually accompanied by legal memoranda and briefs. The names of the pleadings vary from jurisdiction. "Demurrers," "motions for summary judgment," motions to dismiss," and "answers" are all descriptions of a responsive pleading. Assault. A cause of action for intentionally putting the victim in fear of a battery, coupled with the apparent ability to commit the battery. Assumption of Risk. A legal doctrine that may relieve perpetrators of liability for injuries to victims if the victim voluntarily entered into a situation knowing that there was a risk of foreseeable injury. Automobile Insurance. Insurance policies that cover injuries "arising out of the use, operation, or maintenance" of the vehicle. Battery. The intentional, offensive, unpermitted touching of the victim by the perpetrator. Burden of Proof. The threshold of evidence that one party must present in order to prevail in his or her case. In criminal cases, the burden of proof is very high: "beyond a reasonable doubt," or generally 99 percent of the evidence. In civil cases, however, the burden of proof on the victim/plaintiff is "a mere preponderance," or more than 50 percent of the evidence. Causes of Action. The legal basis for a civil lawsuit. Civil Actions. Lawsuits filed by victims to recover from injuries sustained and damages incurred as a result of the perpetrator's crime. Civil Conspiracy. See Aiding and Abetting. Collateral Estoppel. A legal doctrine which provides that, in some cases, the criminal conviction of perpetrators will be considered proof of those perpetrator's legal liability in civil actions brought by the perpetrator's victims. Collectability. A general term meaning the extent to which defendants/perpetrators have the financial means to pay judgments from assets on hand, assets reasonably to be expected in the future, or financial assistance from such sources as insurance coverage. Comparative Negligence. The more prevalent approach to reducing amounts paid to plaintiffs/victims allowing partially negligent plaintiffs/victims to recover damages from defendants/perpetrators, however, reducing the amounts of the award by the applicable percentage of the plaintiff's/victim's own negligence (see also: Contributory Negligence). Compensation. Monetary reparations made to crime victims by a state or a governmental entity to recover "out-of-pocket" expenses incurred as a result of a crime. Compensatory Damages. Damages paid to compensate victims for losses caused by the torts of the perpetrator. Such losses include out-of-pocket expenses; loss of income; expenses such as medical bills, therapy, and funeral costs; loss of present and future earning capacity; conscious pain and suffering; financial support; and "consortium," the loss of the affection and society of loved ones. Complaint. The formal written pleading filed in a civil court alleging that the defendant(s) injured the plaintiff(s), and that the defendant(s) should be liable for damages caused. Contributory Negligence. A legal doctrine, now modified in most jurisdictions, that any negligence on the part of the plaintiff/victim will bar civil lawsuits against defendant/ perpetrator. Criminal Action. Cases in which the state prosecutes perpetrators of criminal acts, committed in violation of the state's laws. Damages. Amounts of money awarded to winning parties in civil suits expressed in a judgment. Defendants. Parties against whom civil actions are brought. Defenses. Legal doctrines that relieve defendant/perpetrator of liability for having committed a tort. Delayed Discovery Rule. A legal doctrine that suspends the running of statutes of limitations during periods of time in which the victims did not discover, or by the exercise of reasonable diligence, could not have discovered, the injuries that would lead to their causes of action against the defendant/perpetrator. Depositions. Pretrial proceedings in which attorneys for parties in a civil case have the opportunity to examine, under oath, the opposing parties and potential witnesses in the case. Depositions are sworn and reduced to writing. The transcripts may be admissible in evidence at trials if the witnesses are no longer available, or for purposes of impeachment. First Party Action. Lawsuits brought by victims directly against their perpetrators. General Liability Insurance. Insurance policies covering whatever losses are enumerated in the policy. Homeowner's Insurance. Broad-based insurance policy that contracts to protect the insured from enumerated causes of accidental injuries to others. The accidents usually are not confined to acts that happen on the insured's "home" premises but also includes accidents that happen elsewhere. Renters of premises can obtain Renter's Insurance. Insured. The individual who has contracted to receive insurance coverage from the Insurer whose actions are otherwise covered by an insurance policy. Insurer. The business entity which has contracted to provide insurance coverage to the insured. Judgments. The formal recitations of the outcomes of civil cases. They are almost always reduced to writing, and recorded as a part of the file. Negligence. A legal doctrine providing that one may be liable to another if (1) he or she owes a legal duty to the other; (2) he or she materially breaches that duty; (3) the breach is the proximate cause of the other's injury; and (4) the other person suffers damages. Negligent Entrustment. A tort in which one or more persons give, lend, or allow someone to use, or should have anticipated that the person would use, a dangerous instrumentality to injure another. Parental Liability. A legal doctrine that holds parents civilly liable for the torts and crimes of their children. Perpetrators. Persons who have criminally injured victims. Plaintiff. Party bringing civil actions. In the case of victim civil remedies, the victim is the plaintiff. Professional Liability Insurance. Insurance coverage issued to professional persons: doctors, dentists, lawyers, architects, etc., to cover any losses caused by malpractice in the course of their professional services. Provocation. A legal doctrine that may excuse defendant/perpetrator from the consequences of his/her crime/tort if the plaintiff/victim instigated a confrontation, or otherwise caused or provoked the defendant's actions. Proximate Cause. The "cause in fact" of injury to victims; a "cause" without which the victim's injuries would not have occurred. Punitive Damages. Damages awarded to victims against perpetrators, over and above compensatory damages, in order to punish or make an example of perpetrators. Renters Insurance. See Homeowner's Insurance. Rescue Doctrine. A legal doctrine that allows one to recover for injuries suffered in coming to the rescue or assistance of others in peril. It is used as a counter to the defense of Assumption of Risk. Restitution. Court action that requires perpetrators to make financial payments to their victims, usually as a condition of probation or leniency in sentencing. Self Defense. The legal doctrine which relieves defendants/perpetrators of liability for torts if they acted in the reasonable belief that they had to use force to defend themselves, or others (loved ones, etc.), from death or great bodily harm. Settlements. Agreements among the parties to lawsuits to end the suits without trial; usually the plaintiff agrees to drop the lawsuit for a fixed sum of monetary damages paid by the defendant. Statute of Limitations. Periods of time, set by law, after which civil actions cannot be brought. Third Party Actions. Lawsuits brought against persons whose negligence or gross negligence has facilitated the commission of a tort by a defendant. Tolling of Statutes of Limitations. The running of statutes of limitations is suspended. Torts. Civil or private wrongs (as opposed to criminal offenses) committed by perpetrators against victims. Uninsured or Underinsured Motorists. State law usually makes it compulsory that drivers have enough insurance to cover damages if they, or others defined in the policies, are injured by motorists who have no insurance, or not enough insurance, to cover injuries that they have caused. Victims. Persons who have been injured by the criminal acts of perpetrators. Wrongful Death. The civil action for the killing of one human by another, without justification or excuse.
  
  
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