Glossary of legal terms used by attorneys in auto accidents, motorcycle accidents, trucking accidents, offshore accidents, maritime accidents. Below is a list of ring roads from around the world. Yahoo Personals, Yahoo Singles Dating: Top Dating Sites. Match FREE Trial Search 15 Million Singles-50% off American Singles.
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Glossary - Glenn Armentor - Personal Injury Attorney. Act of God - n. Acts of God are significant for two reasons 1) for the havoc and damage they wreak, and 2) because often contracts state that . Many insurance policies exempt coverage for damage caused by acts of God, which is one time an insurance company gets religion. At times disputes arise as to whether a violent storm or other disaster was an act of God (and therefore exempt from a claim) or a foreseeable natural event. God knows the answer! Adjuster - n. While a fair and responsible adjuster can serve a real purpose in getting information and evaluating the case for the insurance company, some adjusters try to make a settlement before the injured person has retained an attorney (. You don't need an attorney.
He'll only confuse things. Some insurance companies try to make the attorney deal with the adjuster, which is cheaper than sending the case to defense attorneys. Adjusters also represent the company in approving settlements. Administrative Hearing - n.
Such hearings can range from simple arguments to what amounts to a trial. There is no jury, but the agency or the administrative law judge will make a ruling. Administrative Law - n.
Federal agency procedures are governed by the Administrative Procedure Act, and many states have adopted similar procedural formats either by law or regulation. It is important to consider two vital factors in dealing with administrative agencies 1) the rules and regulations are often special for each agency and are not usually found in the statutes but in those regulations; 2) a member of the public must . There are exceptions (such as emergency or obvious futility) to exhausting one's remedies, but those are rare. Administrative law can be a technical jungle, and many lawyers make lots of money from knowing how to hack their way through it on behalf of their clients.
Administrative Law Judge - n. They are generally experienced in the particular subject matter of the agency involved or of several agencies. Admiralty law (maritime law) includes accidents and injuries at sea, maritime contracts and commerce, alleged violations of rules of the sea over shipping lanes and rights- of- way, and mutiny and other crimes on shipboard. Jurisdiction over all these matters rests in the federal courts, which do not use juries in admiralty cases. There are other special rules in processing maritime cases, which are often handled by admiralty law specialists. Lawyers appearing in admiralty cases are called . Sometimes the evidence which a person tries to introduce has little relevant value (usually called probative value) in determining some fact, or prejudice from the jury's shock at gory details may outweigh that probative value. Dating Ministires.
In criminal cases the courts tend to be more restrictive on letting the jury hear such details for fear they will result in . An admission is not to be confused with a confession of blame or guilt, but admits only some facts. In civil cases, each party is permitted to submit a written list of alleged facts and request the other party to admit or deny whether each is true or correct. Failure to respond in writing is an admission of the alleged facts and may be used in trial.
Admission Against Interest - n. Another party can quote in court an admission against interest even though it is only hearsay. Admission of Evidence - n. The defendant will admit or deny each allegation in his or her answer filed with the court. If he or she agrees and states that he/she did what he/she is accused of, then the allegation need not be proved in trial. Sometimes when there are numerous parties and cross- complaints, parties may be adverse to each other on some issues and in agreement on other matters. Two beneficiaries of a person who has died may join together to claim a will was valid, but fight each other over the assets of the dead person's estate if the court rules the will was legal.
County Clerk), that the statements in the document are true. Affirmative Defense - n. Many of these defenses fall into the . Age Discrimination - n.
The claimant's problem is proof of age discrimination, but employers should beware. Even flight attendants in their late 3.
The basic rule is that the principal becomes responsible for the acts of the agent, and the agent's acts are like those of the principal (Latin: respondeat superior). Factual questions arise such as: was the agent in the scope of employment when he/she ran down the little child, got drunk and punched someone, or sold impure wheat? There is also the problem of whether the principal acted in such a way as to make others believe someone was his agent- this is known as . When someone who is or is not an employee uses company business cards, finance documents, or a truck with the company logo, such use gives apparent authority as an agent.
The importance is that the agent can bind the principal by contract or create liability if he/she causes injury while in the scope of the agency. Who is an agent and what is his/her authority are often difficult and crucial factual issues. Agreed statements are only used when the only remaining dispute boils down to a question of law and legal argument and not of the actual facts. Pleadings are amended for various reasons, including correcting facts, adding causes of action (legal bases for a suit), adding affirmative defenses, or responding to a court's finding that a pleading is inadequate as a matter of law. Amendments cannot be made willy- nilly, but only prior to being served, upon stipulation by the parties or order of the court.
After the lower court judgment is entered into the record, the losing party (appellant) must file a notice of appeal, request transcripts or other records of the trial court (or agree with the other party on an . No new evidence is admitted on appeal, for it is strictly a legal argument. The other party (Respondent or appellee) usually files a responsive brief countering these arguments.
The appellant then can counter that response with a final brief. If desired by either party, they will then argue the case before the appeals court, which may sustain the original ruling, reverse it, send it back to the trial court, or reverse in part and confirm in part. For state cases there are Supreme Courts (called Courts of Appeal in New York and Maryland) which are the highest appeals courts, and most states have lower appeals courts as well.
For Federal cases there are Federal Courts of Appeal in ten different . Most often it is used in reference to a judge's ruling. The arbitration may be agreed to by the parties, may be required by a provision in a contract for settling disputes, or may be provided for under statute. To avoid clogged court calendars the parties often agree to have the matter determined by a panel such as one provided by the American Arbitration Association (which has a specific set of rules), a retired judge, some other respected lawyer, or some organization that provides these services. Usually contract- required arbitration may be converted into a legal judgment on petition to the court, unless some party has protested that there has been a gross injustice, collusion or fraud. Many states provide for mandatory arbitration of cases on a non- binding basis in the hope that these .
Assumption of Risk - n. This is a typical affirmative defense in a negligence case, in which the defendant claims that the situation (taking a ski- lift, climbing a steep cliff, riding in an old crowded car, working on the girders of a skyscraper) was so inherently or obviously hazardous that the injured plaintiff should have known there was danger and took the chance that he/she could be injured. Attorney - n. 1) an agent or someone authorized to act for another. Each state has a bar examination which is a qualifying test to practice law. The examinations vary in difficulty, but cannot be taken until the applicant is a graduate of an accredited law school (with a three- year minimum course of study) or in seven states has fulfilled extensive other training. Passage of the bar examination qualifies the attorney for that state only and for the federal courts located in that state (and other federal courts upon request). Some states will accept attorneys from other states, but many will not grant this .
Attorneys from other states may practice in a limited way, but cannot appear (except on a single case with court permission) in state courts (but in federal courts). Graduation from law school does not make one an attorney. There are also patent attorneys who can practice in federal patent courts only and have both legal and engineering training.
Most patent attorneys today are regular attorneys who specialize. Attorney of Record - n. The lawyer remains the attorney of record until some other attorney or the client substitutes for him/her, he/she is allowed by the court to withdraw, or after the case is closed. Sometimes lawyers find themselves still on the record in cases (such as divorces) which they believe have long since been completed. Attorney- Client Privilege - n. In a trial, deposition, and written questions (interrogatories), the attorney is required and the client is entitled to refuse to answer any question or produce any document which was part of the attorney- client contact.
The problem sometimes arises as to whether the conversation was in an attorney- client relationship. If a man tells his neighbor who happens to be an attorney that he embezzled funds, is he doing so while seeking legal advice or just chatting over the fence (which is the test)? If a document was prepared as part of the legal preparation for a client, it usually is a . Similar privileges exist between pastor and parishioner and doctor and patient.
Attorney's Fee - n. Sex Dating In Odon Indiana here. It can take several forms 1) hourly charge, 2) flat fee for the performance of a particular service (like $2.
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