Minneapolis Personal Injury Lawyer - Legal Glossary

Accepted Claim

A claim in which the insurance company accepts that your injury or illness will be covered by workers' compensation.

Accidental Death Benefit

The death benefit paid a representative of the insured if the injury resulting from a car accident caused the wrongful death of the insured.

Acknowledgment

A statement of acceptance of responsibility. 2. The short declaration at the end of a legal paper showing that the paper was duly executed and acknowledged.

Action

In the legal sense, a formal complaint or a suit brought in court.

Additional Insured

A person other than the named insured or covered person who is protected under the named insured’s auto policy.

Additur

An increase by a judge of the amount of damages awarded by a jury.

Adjudication

The final order, pronouncement or judgment of a court or other tribunal.

Adjuster

An employee or agent of an insurance company who handles a casualty claim.

Administrative Hearing

Proceeding before an administrative agency which consists of an argument, a trial, or both. Rules governing the proceeding, including rules of evidence, are generally less strict than in civil or criminal trials.

Admissible Evidence

Admissible Evidence. Evidence that can be legally and properly introduced in a civil or criminal trial.

Admission

A statement or confession by a party to a lawsuit acknowledging that certain facts which may be against his interests are true.

Ad Litem

A Latin term meaning for the purposes of the lawsuit. For example, a guardian "ad litem" is a person appointed by the court to protect the interests of a minor or legally incompetent person in a lawsuit.

Adversary Proceeding

Legal proceeding involving parties with opposing interests, with one party seeking legal relief and the other opposing it.

Advocate

One who renders legal advice, assistance or argues on behalf of a party before a court or tribunal; a lawyer.

Affidavit

A written statement or declaration made under oath before a notary or other person authorized to certify the statement.

Affirmation

A declaration acknowledging that the person will tell the truth under penalty of perjury. Affirmations may be made by individuals who object to taking an oath on religious grounds.

Affirmative Defense

A written defense to a lawsuit which does not formally deny certain allegations in a complaint, but asserts that the plaintiff is not entitled to judgment based upon legal or equitable principles, even if the allegations are true.

Agent

Person (i.e. insurance agent) authorized to represent an insurer and solicit insurance business. An insurance agent is tied to an insurance company.

Agreement

Mutual assent between two or more parties; normally leads to a contract; may be verbal or written.

Agreed Medical Evaluator (AME)

This is the physician that is agreed to by plaintiff’s attorney and a defendant insurance company usually used in a worker’s compensation claim.

Air Bag

An air bag is an automatic crash-protection system in motor vehicles. Air bags should inflate after certain impacts and create a protective cushion between the occupant and certain hard surfaces in the vehicle, depending on the location of the air bag and the occupant of which it is to protect.

Allegation

A statement or declaration of fact that a party expects to prove, generally set out in a pleading (complaint)

Allege

To state, assert or declare.

Amendment

A change or addition which improves or supplements another written document.

American Bar Association (ABA)

A professional association of American lawyers. The ABA has no legal authority but plays an important role in defining legal policy, lobbying for the law profession, and evaluating federal judges. About a third of all lawyers belong to the ABA.

Amicable

Friendly; mutually agreed to, as a settlement.

AOE/COE

(Arising Out of Employment/Occurring in the Course of Employment) Injury caused by or occuring while on the job.

Appraisal

A valuation of property by a disinterested party who is qualified to do so (appraiser).

Arbitration

The process through which a controversy is submitted to an impartial person called an arbitrator, to resolve a dispute outside of the court system.

Arbitration Clause

A provision in a contract providing for arbitration in lieu of a court action.

Asbestos Lawsuit

Asbestos has been shown to cause a form of cancer called mesothelioma and this has produced many lawsuits against manufacturers and users of asbestos. These are personal injury lawsuits, unless the plaintiff dies, in which case they usually become wrongful death lawsuits. They are complex lawsuits, often involving a large number of defendants and are usually handled by law firms which specialize in asbestos litigation.

Asbestos Lawyer

A specialist in asbestos litigation.

Answer

In a civil case, the defendant's written response to the plaintiff's complaint. It must be filed within a specified period of time, and it either admits to or (more typically) denies the factual or legal basis for liability. Normally a defendant has 30 days in which to file an answer after being served with the plaintiff's complaint. In some courts, an answer is simply called a "response".

Appeal

Request to a superior or higher court to review and change the result in a case decided by an inferior or lower court or administrative agency.

Assumption Of The Risk

A rule that states that a person who chooses to take a risk may accept some responsibility for any injury.

Attest

To affirm to be true; to act as a witness by signing.

Attorney

One licensed to practice law under state rules (admitted to the bar); an agent appointed to act in place of another; an advocate.

Attorney Client Privilege

Client's privilege to refuse to disclose and to prevent any other person from disclosing confidential communications between the client and his or her attorney.

Automobile Insurance

A form of insurance that protects against losses involving autos.

Bad Faith

Intention to mislead or deceive; conscious refusal to fulfill some duty. Implies active ill will, as opposed to negligence. Bad faith is not bad judgment; it requires conscious wrongdoing.

Basic Limits of Liability

The least amount of liability coverage that can be purchased to cover damages to another person’s automobile.

Battery

The unlawful use of force resulting in the injury of another. Battery always includes assault. See assault.

Bench Trial

Trial before a judge and without a jury. In a bench trial, the judge decides questions of law and questions of fact.

Beneficiary

Someone named to receive property or benefits in a will. In a trust, a person who is to receive benefits from the trust.

Benefit Notice

A required letter or form sent to you by the insurance company to inform you of benefits you may be entitled to receive.

Best Evidence

The most direct evidence possible, such as producing an original document to prove that the document exists and what it states. The best evidence rule prohibits the introduction of secondary evidence unless best evidence cannot be obtained, so long as the party seeking to introduce the secondary evidence is not at fault in making the best evidence incapable of being obtained.

Bifurcation

Splitting a trial into two parts. a liability phase and a penalty phase. In some cases, a new jury may be assigned to deliberate for the penalty phase.

Binding Authority

Law that controls the outcome of a case. For example, a decision on the same point of law by a higher court in the same state must be followed by a lower court in that state. As a reference, see precedent.

Blood Alcohol Concentration (BAC)

The amount of alcohol found in a person’s blood, the result of which will determine whether the person was under the influence of alcohol and/or legally intoxicated at the time he or she was driving.

Bodily Injury

In automobile insurance law, bodily injury refers to the damage sustained to a person’s body as a result of a car accident.

Breach of Contract

Failure, without legal excuse, to perform all or some of the promises made in a contract.

Brief

Written document, submitted to the court about a case, containing summaries of the facts of the case, relevant laws, and an argument showing how the laws support that party's position.

Burden of Proof

Also known as "Standard of Proof." Degree of proof required in a specific kind of case to prevail. In the majority of civil cases, it is proof by a preponderance of the evidence.

Bystander

In products liability law, a person who neither buys nor uses a product, but who nevertheless is injured by the product and may have a cause of action.

Carrier

One engaged in the transportation of goods or freight; an insurance company.

Case Law

Reported court decisions forming the body of jurisprudence.

Casualty

An accident that could not have been predicted or avoided, such as a ship sinking in a storm at sea. Also used to mean the injuries or loss of life in a car accident.

Causation

The wrongful act which leads to a personal injury. See legal cause; and proximate cause.

Cause of Action

Fact or facts that give someone the right to seek a remedy through the court because the facts of the case apply to a certain law sought to be enforced.

Certify

To make known or establish as a fact; to declare in writing.

Circumstantial Evidence

Indirect or secondary evidence through which a fact may be proved by inference.

Civil Law

That part of the law which governs non-criminal cases. Civil law applies to areas such as business disputes, family disputes, negligence, accidents and personal injury.

Civil Rights

The right to enjoy life, liberty and the pursuit of happiness, including such constitutional rights as free expression and religion, without discrimination in treatment by reason of race, color, sex, age, religion, previous condition of servitude or national origin.

Claim

An asserted right to money, property or relief.

Claim Petition

In cases where a worker is injured on the job, the injured employee files a claim petition to seek initial compensation. This occurs when there has been a Notice of Denial - no workers' compensation payments have been made or medical benefits have not been paid.

Claimant

A party asserting or presenting a claim.

Class Action

A means by which one or more individuals are able to sue for themselves and as representatives of other people. A class action requires: an identifiable group of people with a well-defined interest in the facts and law of the suit; too many people in the group for it to be practical to bring them all before the court; and the individuals bringing suit are able to adequately represent the entire group.

Claim Form

The form used to report a work injury or illness to your employer. The form is filed out and turned in at your place of business.

Claim Petition

When a worker is injured on the job, he or she files this type of petition to seek initial compensation after receiving a Notice of Workers Compensation Denial.

Claimant

In a workers compensation case, the person who makes a claim or asserts a right; the injured worker who files a claim petition or otherwise receives workers compensation benefits.

Clause

A paragraph or subdivision of a legal document such as a contract.

Clerk of Courts

An officer of the court who has clerical duties, including record keeping, filing and making certified copies.

Co-Defendant

If a lawsuit has more than one defendant (i.e. several parties are being sued in the lawsuit) then each defendant is called a co-defendant.

Code

A compilation or collection of laws and statutes.

Collateral Source Rule

The rule ensures that compensation awarded to a plaintiff in a lawsuit should not be reduced if the plaintiff receives compensation for the same injury from another source, such as insurance.

Collision Insurance

This covers loss to the insured person’s own auto caused by its collision with another vehicle or object.

Comparative Negligence

Comparing the plaintiff's contributory negligence to the defendant's negligence. Pennsylvania's Comparative Negligence statute states that when a plaintiff is guilty of contributory negligence and that negligence was not greater than the defendant's negligence, the plaintiff's damages will be diminished in proportion to his negligence in causing the accident.

Compensation

Something that makes up for a loss. In workers' compensation cases, it refers to payment to unemployed or injured workers or their dependents.

Compensatory Damages

An award of monetary damages intended to compensate a plaintiff for economic and non-economic losses sustained as a result of another's negligence, breach of contract or misfeasance.

Competent

Having the ability to understand the nature and consequences of one's actions.

Complaint

In the legal sense, the document a plaintiff files with the court which contains allegations and damages sought. A complaint generally starts a lawsuit.

Comprehensive Coverage

Covers damage to a vehicle caused by an event other than a collision or overturn. Examples include fire, theft, vandalism, and falling objects.

Conclusion of Fact

The inference drawn by a jury or the decider of fact based upon the evidence.

Confidential Communication

A communication not intended to be disclosed to third parties, as between a lawyer and client.

Consideration

Something of real value given in return for performance or the promise of performance, which induces a party to make an agreement or enter into a binding contract.

Consolidate

To join together, as several lawsuits with identical parties or issues.

Consortium

Affection, company and sexual relations between spouses.

Contingency Fee

A fee paid to an attorney conditioned on a successful recovery in a negligence claim, based on a percentage of the recovery.

Continuance

A temporary stay or postponement of a legal proceeding.

Contributory Negligence

Broadly, carelessness on the plaintiff's part. More precisely, conduct which falls below the standard of care established by law for the protection of one's self against unreasonable risk of harm.

Costs

Expenses incurred in the prosecution of a lawsuit, including filing fees, deposition expenses and witness fees.

Counterclaim

A claim filed by the defendant against a plaintiff as part of defendant's response to a lawsuit.

Court

Subject to state or federal law, in distinction to limited or special jurisdiction courts which can hear only a defined class or type of case.

Court Order

Any judgment or order of any court of appropriate jurisdiction.

Court Reporter

Person certified to transcribe by shorthand or stenographic means any court proceeding or pretrial matter.

Credible

Worthy of belief.

Cross-Claim

A lawsuit filed by one defendant in a lawsuit against another defendant in the same lawsuit.

Cross-Examination

The questioning of a witness at trial or deposition by the adverse party.

Cumulative Injury

Cumulative Injury. An injury that was caused by repeated events at work.

Damages

Monetary compensation awarded/awardable to a party injured as a result of a breach of contract or a negligent act; the injury sustained due to misfeasance, negligence or breach of contract.

Death Benefits

Benefits paid to surviving dependents when a work injury results in death.

Declatory Judgment

A declaratory judgment is a judgment of a court which determines the rights of parties without ordering anything be done or awarding damages.

Deductible

The amount an insured person must pay before their own insurance company pays the remainder of each covered loss, up to the policy limits.

De Facto

Latin: as a matter of fact; something which, while not necessarily lawful, exists in fact. Expanded Legal Definition of De Facto

Judicial adjudication of the rights of the parties in a lawsuit made to clarify the parties' legal positions.

Default

Failure to pay or discharge a duty.&

Default Judgement

A judgment entered against a party who fails to appear in court or respond to the charges.

Defendant

The individual, company or organization who defends a legal action taken by a plaintiff and against whom the court has been asked to order damages or specific corrective action redress some type of unlawful or improper action alleged by the plaintiff.

Defense Attorney

The attorney who represents the defendant.

Deliberation

A process by which jurors reach a verdict; the act of weighing and examining evidence.

Demand

Assert a legal right; claim.

Demand Letter

A letter from a lawyer, on behalf of a client, that demands payment or some other action, which is allegedly due or in default.

Denied Claim

A claim in which the insurance company does not believe that your injury or illness was work related and therefore denies your claim. Disability. A physical or mental impairment that limits everyday activities.

Deponent

A witness who gives testimony under oath at a deposition; an affiant.

Deposition

Testimony of a witness taken under oath, but not in a courtroom. May be used to discover evidence prior to trial or to preserve testimony for use in court at a later time.

Depreciation

A reduction in property value resulting from age or use.

Determination

The final decision of a court.

Diminished Value

The amount of money your car’s value loses after being in an accident, even if it was repaired, or other property.

Disability

A physical or mental impairment that limits everyday activities.

Disfigurement

A medical term for a serious and permanent scar to the head, neck, or face.

Discovery

Various pre-trial procedures including depositions, interrogatories and requests for production, whereby parties obtain evidence to be used at trial. 

Dismiss

To reject a claim or suit temporarily or permanently without further hearing or consideration through an order of dismissal.

Dismissal

The termination of a lawsuit.

Docket

List of cases to be heard or tried; record book containing summaries of court action in any case. 

Dismissal with Prejudice

A dismissal of a claim on its merits leaving nothing more for determination by the court and having the force of a final judgment.

Dram Shop Laws

A state law that makes drinking establishments, such as bars and restaurants, legally liable for damage done by intoxicated individuals who were visibly intoxicated and served at these establishments.

Due Diligence

In tort law, the effort made by a prudent or reasonable party to avoid or prevent harm to another party. If the party is determined in court not to have acted with due diligence, that party may be considered negligent.

Due Process Of Law

The right of all persons to receive the guarantees and safeguards of the law and the judicial process.

Emotional Distress

An injury of psychological damage.

Employee

A person whose work activities are under the control of an individual or entity.

Employee Verification Form

In a workers compensation case, it's a bi-annual report of earnings to be completed by the injured employee. The form is required to be returned to the insurance carrier within 30 days of receipt or benefits may be stopped.

Employer

The person or entity whose has control over your work activities.

Endorsement

The signature on the back of a check or other negotiable instrument.

Equity

This the fair market value of a property minus the amount owed on the property.

Employer

The person or entity whose has control over your work activities.

Error

In the legal sense, a mistaken interpretation of facts or application of the law that can prove grounds for an appeal.

Estoppel

A person's own act, or acceptance of facts, which preclude his or her later making claims to the contrary.

Equity

This the fair market value of a property minus the amount owed on the property.

Evidence

Proof of a probative matter presented at trial for the purpose of inducing belief in the minds of the jury or judge. Evidence is the means by which some fact in question is established or disproved. Evidence comes in a variety of forms, including testimony, writings, tangible objects, and exhibits.

Exemplary Damages, ie. Punative Damages

Compensation greater than is necessary to pay a plaintiff for a loss. These damages are awarded because the loss was aggravated by violence, oppression, malice, fraud or wanton and wicked conduct on the part of the defendant. Such damages are intended to punish the defendant for his evil behavior or make an example of him or her.

Exhibit

A document or other item introduced as evidence during a trial or hearing.

Ex Parte

An application or communication to the court without notice and outside the presence of an adverse party. Ex Parte communications are prohibited.

Expert Witness

A witness who may give an opinion in court based on the particular competence of that witness.

Ex Post Facto

After the fact; a law passed after an act is performed which retroactively makes such act illegal. Such laws are prohibited under the U.S. Constitution.

Execute

To complete a legal document, as by signing.

Exemplary Damages

Punitive damages awarded to punish outrageous conduct, over and above compensatory damages.

Exhibit

Tangible evidence, a display or document presented to the court or jury which tends to prove or explain some relevant fact.

Expert Witness

Witness with specialized training or experience who is permitted to render opinion testimony in a legal proceeding.

Factor

One entrusted with the possession of goods to be sold in the factor's name. A factor is one who is in the business of receiving goods from a principal and selling them for a commission.

Fault

Negligence; misconduct; deviation from standard of care.

Felony

Serious crime usually punishment by imprisonment for more than one year or by death. A common personal injury example is “felony drunk driving,” when someone is injured due to someone convicted of drunk driving/dui.

Fiduciary

A person in a position of confidence who has the duty to act responsibly with respect to another's money or property; a trustee; one acting in a fiduciary capacity or relationship.

Fiduciary Relationship

The relationship between parties where trust or confidence is reposed by one and accepted by the other; a confidential relationship whereby one trusts in and relies on another, e.g., parent and child, guardian and ward, husband and wife, physician and patient, attorney and client.

Fine

A sum of money imposed upon a convicted person as punishment for a offense.

First Amendment

A guarantee of freedom of speech, assembly, press, petition, and free exercise of religion contained in the Bill of Rights.

First Party Insurance

Insurance that applies to the insured’s own property or person.

For Cause

With sufficient legal justification to perform an act.

Foreseeability

The reasonable anticipation that an injury may occur through the action or inaction of another party.

General Damages

Damages for which no exact amount can be calculated, such as for pain and suffering due to a personal injury.

Gross Negligence

Negligence for the safety or lives of others which is so great it appears to be intentional.

Good Faith

The general requirement to deal honestly with others and not seek to gain unfair advantage or to defraud another party, especially in the context of business transactions or contracts.

Grace Period

The length of time, specified in the language of the written policy, during which an insured policy holder can repay an overdue balance against the policy premium while still keeping their renters insurance coverage in force during that period of time. In many cases an insurance provider sets their grace period at somewhere around a month, either 30 or 31 days, though this is not always the case.

Grand Jury

A jury convened to hear evidence and determine whether an indictment (criminal charge) should be issued. Grand Juries have investigative and subpoena powers.

Gross Negligence

A negligent act committed with a conscious indifference to the consequences thereof willfully or wantonly. 

Guarantor

A person or entity who agrees in writing to pay the indebtedness of another. 

Guardian

One who the law has entrusted with the custody and control of the person or property of a ward. 

Guardian Ad Lietem

One appointed by a court in which litigation is pending to represent a ward (e.g., a minor or incompetent).

Habeas Corpus

A writ used in both criminal and civil proceedings to obtain the release of an individual in custody by testing the constitutionality of the incarceration.

Hearing

Usually a legal proceeding before a judge.

Hearsay

An out of court statement which is neither an admission or a declaration against interest. Hearsay evidence is generally not admissible in a judicial proceeding.

Hearsay Rule

A rule of evidence which makes out of court statements used to prove the truth of the matter stated inadmissible. Hearsay evidence comes not from the personal knowledge of the witness, but from the repetition of what he has heard others say.

Hidden Defect

A defect in property or goods which is not readily detectable, that causes injury to a third party.

Hold Harmless

Protection of another party for legal responsibility which is usually in writing.

Hostile Witness

An adverse witness or opposing party who is known to offer prejudicial evidence as a result of such adverse interest or bias.

Hung Jury

A jury that cannot reach a verdict due to an inability to reconcile their differences.

Hypothetical Question

A combination of assumed or proved facts stated in a form that would allow an expert witness to give an opinion based on such facts.

Immunity

Exemption from prosecution granted to a witness to compel answers to questions which otherwise could be withheld because of the constitutional privilege against self-incrimination.

Impeachment

When an opposing attorney catches you in a lie or discrepancy in your testimony.

Impleader

A procedure whereby a third party may be brought into a lawsuit by a defendant who is being sued by a plaintiff.

Implied

Where the intention of the parties is not shown by direct terms but derived from surrounding circumstances or conduct.

Inadmissible Evidence – Evidence that should not be admitted, received or considered by a judge or jury.

Indemnify

Usually to reimburse someone other than yourself for someone else’s wrongful conduct.

Incapacity

Lack of sufficient legal, physical or intellectual power to perform an act.

Incompetency

The inability or incapacity at law to perform an act, such as giving testimony or making a will.

Incumbrance

See Encumbrance.

Indemnify

To insure a third party against loss; to agree to pay damages resulting from another's actions.

Indemnity

An agreement wherein one party financially protects another against an anticipated loss.

Indemnity

The right of a person who has discharged a duty which should have been discharged by another to collect reimbursement from the party who should have discharged the obligation.

Indenture

A deed to which several persons are parties, in which each assumes corresponding obligations.

Independent Medical Examination (IME); Insurance Medical Examination

Insurance Companies refer to this as an "independent medical examination." However, Lawyers, representing injured people refer to this as an "insurance medical examination." An insurer may require the injured person to attend an IME under the provision of the Personal Injury Protection (PIP) Policy or by a defendant insurance company after a lawsuit is filed in court. In either instance, the insurance company selects the doctor of their choice and pays for the examination.

Indispensable Party

One who has interest in the subject matter of litigation which is of such a nature that a final decree cannot be entered or rendered without such person being made a party to the lawsuit.

Informed Consent

Consent given after full disclosure of constitutional and other legal rights which impact on whether consent would be given.

Infringement

The unauthorized use, sale or manufacture of an invention, trademark, tradename or copyright.

Injunction

An order or writ issuing from a court compelling a party to perform or refrain from performing certain acts.

Injure

Hurt or harm; violate the legal rights of another person.

Inquest

An inquiry by a coroner into the manner of death in a possible homicide case; a tribunal selected to inquire into selected factual matters.

Insurable Interest

A real and financial interest in property or the life of another sufficient to support and justify ownership of an insurance policy.

Insurance

A contract where, for the payment of a certain amount of money (premium), one party agrees to compensate another for a loss or injury arising from contracted future events.

Insurance Company

A corporation or association that is in the business of making insurance contracts such as homeowner’s insurance or automobile insurance.

Insurer

The party that contractually agrees to compensate another for a loss or injury arising from a contracted future event such as a car accident

Intangible Personal Property

Money, evidence of debt, evidence of ownership, and all other forms of property where the value is based upon that which the property represents other rather than its own intrinsic value (e.g., mortgages, shares of stock, bonds, notes).

Intent

The state of mind necessary to support a criminal proceeding against a defendant; the knowing performance of an act.

Interpleader

An action allowing the Court to decide how an issue will be decided, typically used with insurance funds when more than one party claims interest to the funds.

Interrogatories

Interrogatories are a form of discovery consisting of written questions which one party to a lawsuit presents to another opposing party, in which the latter must answer the questions under penalty of perjury within a certain time period.

Ipso Facto

By virtue of the mere fact of itself.

Irrelevant

Not material. Irrelevancy forms the basis of an objection to the introduction of evidence asserting that the proposed evidence is not connected to the issue being decided.

Irreparable Injury

An injury of such a nature that it cannot be redressed in a court of law and is not susceptible to complete monetary compensation. Generally when a wrongful act has caused or will cause a irreparable injury, the courts will issue an injunction prohibiting the action.

Irrevocable

That which cannot be revoked or undone.

Issue

A point of controversy in a lawsuit; all persons descended from a common ancestor.

Joinder

Combining several causes of action or parties in a single lawsuit.

Joint and Several Liability

Term Referring to a plaintiff's ability to sue one or more defendants separately, or all together at his or her own discretion. Permits a group of defendants to be held both - individually, and collectively liable for all damages suffered by the plaintiff. The plaintiff can recover the entire amount of damages from one defendant, even if all of the defendants are liable for the loss.

Jones Act

A federal law providing medical, disability and death benefits to sailors who suffer injuries in the course of their employment.

Judge Advocate

An officer at a court-martial who may act as clerk, prosecutor and/or legal advisor to the court.

Judgment

The official decision by a court regarding the rights and claims of the parties to a civil or criminal lawsuit.

Judgment Notwithstanding the Verdict (JNOV)

A judgment entered by order of the court for one party, although there has been a jury verdict for the other party.

Jurisdiction

The power and authority of a court to hear and determine a case.

Jurisprudence

The collective legal system including case law; the philosophy of law.

Jurist

A legal scholar.

Juror

A person selected to serve on a jury who has taken an oath to follow the law as enunciated by the judge.

Jury

An impartial group summoned and sworn to decide disputed issues of facts at a trial.

Known-Loss Doctrine; Known Risk Doctrine

In insurance, a priciple denying coverage when the insured knows before the policy takes effect that a specified loss has already happened or is substantially certina to happen.

Lapse in Insurance Coverage/Policy Lapse

A point in time when a policy has been canceled or terminated for failure to pay the premium, or when the policy contract is void for other reasons.

Latent Defect

A defect in a product or premises that is not readily observable or discoverable even with the exercise of ordinary care.

Lawsuit

A court action brought by one person, usually called the “plaintiff,” against another, the defendant, seeking compensation for some injury or enforcement of a right.

Lay Witness

Any witness not testifying as an expert. Lay witnesses ordinarily cannot render an opinion as to the ultimate issue in the case and can only testify as to what they heard and saw.

Leading Question

A question which suggests to the witness the expected answer. Leading questions are ordinarily improper and are objected to at trial.

Letter of Intent

A preliminary writing setting forth an understanding between parties. Letters of Intent ordinarily do not constitute binding agreements.

Letters Rogatory

A request from one court to another in a different state requesting that a witness in such other state be directed to submit to a deposition or answer written questions under oath.

Liability

Legal responsibility for an act or omission resulting in injuries and damages to person and/or property, regardless of fault. Employers may be subject to vicarious liability, in which they are liable for the actions or omissions of a third party over whom they have the right, duty or ability to control. Manufacturers may be subject to product liability for products they manufacture, distribute or sell.

Liability Coverage

In general, insurance against bodily injury and property damage caused by the policy holder or otherwise considered the policy holder's responsibility. In renters insurance coverage, liability insurance can protect a single insured policy holder or a whole household depending on the terms of the policy. Liability coverage can protect a renter from crippling out of pocket expenses after a civil liability judgment has been passed.

Libel

A false defamatory statement which is written or printed and published or communicated to others.

Libel Per Se

A libelous statement which falsely accuses another of a crime, immoral conduct or professional misconduct. To recover damages under such circumstances, it is not necessary to show actual monetary loss.

Lien

An encumbrance, upon real or personal property, that secures the payment of a debt or the performance of a duty.

Limitations

See Statute of Limitations.

Limit of Liability

This limit is the maximum financial level of monetary damages an insured policy holder would have to pay in the event of a loss.

Limitations

In a renters insurance policy, limitations are either the conditions under which benefits are not payable or situations when maximum payouts have been reached and no more coverage is available for insured policy holders. Another limitation exists in situations where claims are not large enough to warrant payout because the loss does not exceed the elected deductible for that part of the policy.

Limits

The maximum financial amount an insurance provider will pay out for a covered loss. The limits of renters insurance are determined at the policy inception. There are certain default levels that many renters opt for, but these limits are adjustable and any policy holder can choose to increase them for an additional premium charge.

Limited Liability

The limitation placed upon the amount a limited partner or corporate shareholder can lose by reason of lawsuits or claims filed against a corporation. Such losses are limited to the investment made.

Litigation

A judicial proceeding in which the rights, duties and obligations of parties are determined.

Long-Arm Statute

Law that allows residents of different states to be served with process and sued in the forum state by virtue of contacts with the forum state.

Lump Sum Settlement

Arrangement whereby the entire amount of compensation due to an employee or injured party is paid at one time, often at a discount.

Malpractice

Negligence by a professional such as a doctor, lawyer or engineer in the performance of professional duties; professional misconduct.

Mandamus

A writ or directive issued by a court to an official compelling the performance of the official's duties.

Mandate

A judicial command or order.

Mediation

A procedure by which an impartial third person meets with all the parties and attempts, in an informal setting, to find common ground so that a compromise can be reached to settle the claim or complaint. In mediation, a neutral third party (the mediator) meets with the opposing sides to help them find a mutually satisfactory solution.

Medical Benefits

Covered medical-related expenses payable under an insurance policy.

Medical Malpractice

The term medical malpractice refers to the failure of a medical professional such as a doctor or surgeon to follow the accepted standards of practice of his or her profession. When a person is a victim of an injury due to the negligence of a health care professional, the injured person may be able to pursue a medical malpractice claim against the negligent person as well as his or her clinic or hospital.

Mental Anguish

Mental suffering or emotional distress, often due to a personal injury.

Mesothelioma

A type of cancer believed to be caused by exposure to asbestos.

Minor Impact Soft Tissue Injuries (M.I.S.T.)

What the insurance industry considers minor car accident cases due to what they consider to be low impact car accidents.

Minority

The state of being a minor; infancy; one who has not reached the age of majority. 

Misdemeanor

A crime that is less serious than a felony and is usually punishable by a fine or jail time of less than one year.

Mistrial

A trial that has been terminated and voided due to a fundamental and prejudicial error occurring during the course of the proceeding, or because the jury was unable to reach a verdict.

Mitigating Circumstances

Extenuating circumstances that in justice and fairness may reduce the degree of damages or punishment. Mitigating circumstances do not constitute justification for a wrongful act.

Mitigate

To diminish or reduce. An injured party has the duty to mitigate his/her damages, including pain and suffering, by taking reasonable steps to get better.

Monopoly

An association formed to directly or indirectly control a particular industry or trade in order to reduce or eliminate competition, generally in violation of anti-trust laws.

Motion

During a lawsuit, a request to the judge for a decision to resolve procedural or other issues that come up during the process of litigation.

Motion in Limine

Motions attorneys file to limit evidence in trial they deem to be prejudicial or irrelevant. A party usually makes a motion in limine when simply the mention of the evidence would prejudice the jury against that party, even if the judge later instructed the jury to disregard the evidence.

Motor Vehicle Accident Claim

In Minnesota, if you are injured in a motor vehicle accident and the accident was caused or contributed to by the wrongful act or omission of another party, then you may be entitled to make a motor accident claim for compensation for your injuries and the loss and expense you have sustained as a result of those accident injuries.

Negligence

Somewhat analogous to liability, negligence is a failure to act within a generally acceptable range of care or caution in a way that ends up resulting in some sort of injury or damage to a third party. A breach of an owed duty of care causing damages/injuries.

Negligence Per Se

Conduct, either by an act or omission, that may be declared and treated as negligence without argument or proof of negligence, usually because the conduct violates a statute. A finding of negligence per se satisfies the plaintiff's burden of proof that the defendant's conduct was negligent. However, the burden remains on the plaintiff to establish that his or her injuries were proximately caused by the statutory violation.

No-Fault Insurance

A type of automobile insurance often required by statute, whereby one's own insurance company pays the medical bills or expenses incurred by their insured irrespective of fault.

Non-Moving Party

The party to a lawsuit that is not presenting a motion to the court. A non-moving party may or may not contest or oppose the motion. Compare with moving party.

Nonsuit

A voluntary or involuntary termination of a lawsuit, by or against a plaintiff who is either unable to prove his case or proceed to trial. Often a nonsuit is the result of procedural errors in a case.

Notary Public

A public officer who administers oaths, certifies documents, and performs certain other official acts, such as solemnizing a marriage.

Notice; Legal Notice

Legal Notification required by law or agreement. The procedure for informing a party that a legal action or motion is pending before a court.

Occupational Disease

An illness resulting from long-term employment in a particular type of work, such as mesothelioma (a type of cancer) from asbestos exposure.

Objection

A request to the court to determine that a line of questioning, procedure, or evidence is improper and should not be received by the court.

Obstruction of Justice

The act or attempt to impede justice or a judicial proceeding, often by officials who have a duty to administer justice.

Occupational Safety and Health Act (OSHA)

A body of laws consisting of safety and health standards intended to prevent employees from being injured or contracting illnesses in the course of their employment.

Of Counsel

An attorney assisting in the preparation or management of a case, but who is not the primary attorney of record.

Offer

An expressed willingness to enter into a contract or to perform an act.

Offer of Proof

An offer of evidence that has been ruled by the court to be inadmissible made for the purpose of establishing an appellate record.

On or About

Approximately, at or around the time specified. This language is used in a pleading to prevent a variance between the pleading and the proof, usually when there is any uncertainty about the exact date or time of an injury or accident.

Out-Of-Court Settlement

An agreement reached between a plaintiff and a defendant to resolve a lawsuit privately and without a judge’s authorization or approval.

Open Court

A court that is actively engaged in the administration of justice; before the judge.

Opening Statement

The initial statement made by attorneys for each side, outlining the facts each intends to establish during the trial.

Operation of Law

A right or entitlement arising under the law and not as a result of agreement.

Opinion

The stated reason for a court's judgment, finding or conclusion; the court's decision or judgment.

Option

A continuing offer to sell which must be accepted by the optionee within terms of the option, and if not accepted within the time specified, the right to do so is lost.

Order

Written direction or command made by a court or judge, and not included in a judgment. See also decree.

Order to Show Cause

A directive from the court instructing a party to appear before it and demonstrate why such party took or failed to take an action and why a penalty should not be assessed against such party.

Out-of-Pocket Expenses

Costs necessarily incurred to prosecute a civil case or to protect rights or property pending a court's determination.

Outlays

The expenses incurred in pursuing a personal injury claim such as medical report fees, mediation fees, search fees (company searches,, registration searches, police report searches), expert witness fees, courier fees, court filing fees, etc.

Overrule

To find an objection raised to be invalid; to overturn or invalidate a prior decision or holding.

Overt Act

An open, outward act which demonstrates intent or design.

Pain and Suffering

A legal term for damages recoverable by the plaintiff for emotional trauma as well as mental and physical pain as a result of the acts or omissions of the defendant. Though the concept is somewhat abstract, the injured person can seek compensation in the form of cold, hard cash. How much the defendant owes for pain and suffering is calculated separately from the amount owing for more direct expenses, such as medical bills and/or time lost from work.

Paralegal

An individual trained to perform a variety of legal tasks but who is not authorized to practice law.

Partial Disability

In a workers’ compensation case or personal injury matter, this generally refers to any physical disability that is less than total. This usually results in loss of earnings.

Party

A plaintiff or defendant in a judicial proceeding; person or entity that has entered into a contract.

Per Curiam

By the court.

Per Se

Lat.: Through itself, i.e., not requiring external evidence to establish its existence.

Perjury

The willful making of a false statement under oath which constitutes a criminal offense.

Person

A natural or artificial being created under law, such as a corporation.

Personal Auto Policy

The most common auto accident insurance policy sold today. This car accident policy can provide insurance coverage for liability, medical payments, uninsured/under insured motorist coverage, and physical damage protection.

Personal Property (Personalty) 

Movable property not attached to realty; chattels.

Personal Injury

An injury to your body, state of mind or reputation.

Personal Injury Recovery

The amount of compensation paid as a result of a personal injury settlement or lawsuit.

Personal Property

All property except land and buildings.

Petition To Terminate, Modify Or Suspend Benefits

In a workers’; compensation claim, this is the petition filed by the employer/insurance carrier in an attempt to modify, suspend or terminate an injured employee’s compensation.

Phantom Vehicle Rule

Insurance provision that does not allow a 1st party to collect against his/her own insurance coverage because no actual contact was made with the mystery vehicle that caused the accident.

Physical Damage

Usually property damage to your automobile from a car accident.

Plaintiff

In litigation, the victim, 1st party, or aggrieved party. The party who initiates a lawsuit.

Pleadings

Written documents stating the allegations and claims of the opposing parties in a legal dispute.

Policy

The written documents of a contract for insurance between the insurance company and you.

Power of Attorney

A written instrument by which a principal appoints another to act as his or her agent and authorizes the agent to perform certain acts.

Precedent

A rule of law established in earlier court decisions, that will generally be followed by other courts.

Pre-Existing Condition

Medical problems or pre-existing injuries.

Prejudice; With and Without Prejudice

The concept that what happens in a court of law or by stipulation of the parties will affect future proceedings. Generally, pretrial orders are said to be without prejudice, which means that the parties have a right to a trial on all matters, including those decided by temporary orders. In contrast, with prejudice means that even at trial the earlier order determines the outcome.

Preponderance of Evidence

The relative weight, credit and value of the evidence presented by adversaries in a trial. In a civil trial, the jury is charged with reaching a verdict based on this standard, as opposed to the "reasonable doubt" standard in a criminal trial.

Prevailing Party

Usually, the party in a legal case for which the jury finds in favor or, in a Court ruling, the party which the Court rules in favor.

Prima Facie Case

A case in which sufficient evidence has been submitted to allow a jury or judge to make a final determination unless overcome and contradicted by other evidence.

Primary Care Physician (PCP)

A physician that is employed by or contracts with a managed health care system like an HMO that coordinates all of the member’s medical care.

Principal

The employer or master of an employee or agent; one who authorizes another to act on his behalf.

Privilege

A benefit or immunity conferred by law.

Privileged Communication

A communication that is not admissible in evidence if made under circumstances in which the law recognizes a right of privacy, as between an attorney and a client.

Procedure

The judicial process for the administration of cases before it; the rules governing such process.

Proceeding

The various stages and events involved in a judicial proceeding.

Process

A formal writ, most often a summons.

Product Liability

An area of law dealing with the liability of manufacturers or sellers of goods that cause damage or injury to consumers.

Property Settlement Agreement

An agreement setting forth an agreed division of property owned or acquired by spouses during their marriage; post-nuptial agreement.

Proximate Cause

That which in natural sequence produces an injury.

Punitive Damages

Damages awarded to punish a party who committed a wrongful act rather than to compensate an injured party for actual damages; exemplary damages.

Quantum Meruit

The equitable value of the goods or services in question. The doctrine of quantum meruit allows a plaintiff to recover the reasonable value of goods or services provided to another who has derived a benefit and not paid for such benefit.

Quash

To vacate or void a summons, subpoena, etc.

Question of Fact

A legal issue that has not been predetermined and authoritatively answered by law. An issue that does no involve what the law is on a given point.

Question of Law

An issue involving the application or interpretation of the law which is within the province of the judge. A question that the law itself has already authoritatively answered, so that the court is unable to answer it as a matter of discretion.

Quid Pro Quo

That which a party gives up in return for a benefit; the mutual consideration that is exchanged between parties to a contract and makes it binding.

Real Evidence

Tangible evidence produced at trial which is capable of being physically inspected.

Real Property

Land, and whatever grows on or is affixed to it.

Reasonable Care

That degree of care that would ordinarily be exercised by a reasonably prudent person under similar circumstances.

Reasonable Doubt

The degree of uncertainty that compels a juror to find a defendant not guilty in a criminal proceeding; a realistic uncertainty, even if remote.

Rear-End Auto Accident

An automobile which is hit by another car from behind.

Reasonable Man (Person)

A hypothetical individual who exercises that degree of care, knowledge and judgment that society ordinarily requires of its members.

Reasonable Time

That period of time which is ordinarily acceptable under the circumstances to respond or take some action.

Rebuttal

Argument or evidence presented by an attorney in response to statements, claims, arguments, or evidence of an opposing party.

Recess

A temporary adjournment or suspension of court proceedings.

Record

A transcript, or papers transmitted from lower court to an appellate court upon which the appellate court decides the appeal.

Recusal

The disqualification or voluntary withdrawal by a judge from a pending case due to the appearance of bias or lack of impartiality.

Re-direct Examination

Opportunity to present rebuttal evidence after one's evidence has been subject to cross-examination.

Regulations

Rules and enactments of an administrative agency.

Rehearing

A re-trial or reconsideration of a case or an issue by the court at the request of a party.

Release

A written document evidencing the satisfaction of a debt; the giving up of some right, claim or interest.

Relevancy

The test applied to the quality of evidence to determine whether it is competent to prove a fact in issue.

Relief

Assistance or redress at the hands of the court.

Remedy

Recourse at law to recover damages or enforce a legal right.

Remittitur

The process or power of the court to reduce a jury verdict that is deemed to be excessive.

Removal of Case 

The transfer of a case from one court to another, generally from state to federal court.

Rendition

The filing of a signed, written order with the clerk of the court.

Reply

A response to a pleading that has raised a new matter as a defense.

Representative

One who acts for another with permission; an agent.

Repudiation

An act or declaration which clearly indicates that a party will not perform an act that a contract requires be performed in the future.

Res Ipsa Loquiter

Lat.: The thing speaks for itself. The Doctrine of Res Ipsa allows negligence to be inferred by virtue of the fact that an accident happened, e.g., a sponge found in the body of a patient after surgery.

Res Judicata

Lat.: A thing decided. The doctrine stating that a matter that has already been judicially determined is conclusive and is not subject to re-litigation.

Rescind

To cancel or nullify a contract, either mutually or unilaterally.

Rescission

A judicial decree that cancels or annuls a contract; the termination of the contract by word or act of the parties.

Respondeat Superior

Under the doctrine of respondeat superior, an employer is liable for torts of an employee acting within the scope of employment. In other words, the employer is liable if the employee’s conduct was motivated by an intent to serve the employer’s interests.

Retainer

An initial or advanced payment to an attorney for services to be performed; the act of employing an attorney.

Return of Service

A writing made by an officer attesting to the fact that he/she served process (summons or subpoena) on a party, or that he/she was unable to do so.

Review

A re-examination of decisions, orders and proceedings of an inferior court by an appellate court; reconsideration.

Rider

An amendment or addition to a document or contract, especially an insurance contract.

Right of Privacy

A generally accepted legal right to be let alone and live one's life free from unwarranted publicity or intrusion. Disruption of the right of privacy may give rise to a cause of action or claim in tort.

Right of Way

A right of crossing or passage over the land of another; the strip of land on which the right of way is located.

Risk of Loss

A provision in a contract identifying the party who bears the risk of damage or destruction of property during its transfer from seller to buyer.

Sanction

To order punishment or penalties for violation of a rule of law or procedure, or the penalty for such violation.

Satisfaction

A document evidencing release or discharge of an obligation such as a mortgage.

Scope of Employment

In Personal Injury, scope of employment refers to a person actively being involved in an employment task at a particular time, usually in issue when an accident or injury occurs, which is required to make a claim for work-related injury under state Worker's Compensation Acts.

The test is whether the actions of an employee further the business of the employer and are not personal business, thereby making an employer is liable for damages due to such actions under the doctrine of respondeat superior.

Sealing of Records

The making of records unavailable to the public except by court order.

Secured Transaction

Any transaction which is intended to create a security interest or lien in personal property or fixtures.

Securities Acts

The various federal statutes that require full disclosure of material facts relevant to the offer or sale of stock.

Security

Any note, stock, bond, debenture, evidence of indebtedness, certificate of interest or participation issued by a corporation indicating ownership; collateral.

Security Agreement

An agreement which creates or provides for a security interest.

Security Interest

An interest in real or personal property which secures or ensures payment of an obligation.

Self-Incrimination

Statements by a defendant which would tend to admit guilt to a criminal offense. Under the Fifth Amendment, persons may refuse to answer questions or give testimony which would tend to subject them to criminal prosecution.

Sequester Settlor

To protect a jury from outside influences or information; to take a thing which is the subject of a controversy and place it in the hands of a third party for protection. Person who establishes a trust.

Service Mark

Any word, name, symbol, character, design, drawing or device used to identify services rendered and to distinguish them from services rendered or offered by others.

Sever

The separation of a case into two separate trials of a case where two or more defendants have been named in the same criminal indictment or information; the removal of one or more claims in a civil lawsuit so that such claims may be tried separately.

Show Cause Order

An order issuing from the court requiring a party to appear and demonstrate why certain relief should or should not be granted.

Side-Bar

An area of the courtroom out of the hearing range of the jury and witnesses, where the judge and attorneys can hold brief conferences.

Small Claims Court 

A court of limited jurisdiction that hears and tries claims involving lesser sums of money.

Specific Performance

A remedy available to an injured party when the remedy at law is inadequate, whereby a defendant may be required to perform under the terms of a contract instead of paying money damages.

Speedy Trial

The rule of law arising under the 6th Amendment to the United States Constitution or under state constitutions mandating that a person accused of a crime be discharged in the event the prosecuting authorities fail to bring him/her to trial within certain specified periods of time.

Stack; of Stacking

In Minnesota automobile insurance law, purchasers of insurance have the option to "stack" uninsured and underinsured motorist coverage. If you choose "stacking," this means that you can add the coverage together for each vehicle you have insured, at least under the policy.

Standard of Care

That which a reasonably prudent person would do under the same circumstances. Failure to comply with the standard of care will render a party liable for damages to an injured party.

Standing

The right to present and prosecute a claim; standing is ordinarily dependent on having sustained a direct injury.

Stare Decisis

The general rule that courts will abide with prior decisions and precedents and apply the same principles in every case.

Statute

An act, code or rule enacted by the legislature and adopted as law.

Statute of Frauds

The requirement that certain types of contracts be in writing to be enforceable. Examples of such contracts include; contracts for the purchase or sale of land and agreements which by their terms cannot be performed within one year.

Statute of Limitations

A statute that fixes the time within which a lawsuit on a claim must be filed, and beyond which, it will be forever barred.

Stay

A temporary suspension of legal proceedings by court order.

Stipulation

An agreement, admission or concession made in a judicial proceeding by the parties or their attorneys, thus relieving a party of its obligation to produce evidence in support of an argument or allegation.

Strict Liability

Liability that arises without the necessity of first showing fault or negligence. For example, many states impose strict liability on the owners of animals that cause damage or injury.

Strict Products Liability

Body of law dealing with defectively designed, manufactured, or unreasonably dangerous goods.

Sua Sponte

An action by the court of its own volition, without a motion having been made by any party.

Sub Judice

Under consideration by the court.

Subordination Agreement

An agreement establishing the priority of payment of claims, whereby a creditor may agree that claims of other creditors are discharged before payment is made to the subordinated creditor.

Subpoena

A writ issued by the court to compel the appearance of a witness at a judicial proceeding.

Subrogation

A process by which a third party is put in the place of a creditor so that the rights and securities of the creditor pass to that third person. For example, in a personal injury matter, an insurance company may exercise its right of subrogation to place a lien on a plaintiff's award or settlement in order to achieve full or partial reimbursement for insurance benefits advanced to the plaintiff.

Sui Juris

One who is competent and of the age of majority.

Suit

Any judicial proceeding in which a remedy is sought.

Summary Judgment 

A judgment issued by the court before trial based upon a finding that there are no disputed issues of fact and that the applicable law compels a certain result.

Summary Proceeding

An expedited proceeding under simplified rules, allowing the case to proceed to hearing quickly. Landlord-tenant matters are typically the subject of summary proceedings.

Summation

The closing argument of the parties.

Summons

A document issued by the clerk of the court requiring an appearance or answer to be filed by the defendant under penalty of having judgment entered or an arrest warrant issued.

Supersedeas

A writ from a superior court suspending the power of a lower court to issue an execution upon a judgment issued by it.

Supress

To exclude evidence based on a violation of constitutional rights, rule of law or procedure.

Tangible Property

Property that may be felt or touched (as distinct from a debt or property right).

Tender

An unconditional offer to pay or to perform a contractual obligation. 

Testate

Having a valid will.

Testator/Testatrix

Male or female who makes or has a will.

Testimony

Statement by a witness or a party made under oath in a legal proceeding or deposition.

Third-Party Beneficiary

A person who receives an intended or incidental benefit by virtue of a contract to which he or she is not a party and for which he or she has paid no consideration.

Third Party

A party that can be partially or wholly responsible for an accident or injury..

Time Is of the Essence

A contract term that fixes the time of performance and establishes such time as being critical, so that failure to perform within such time will constitute a default.

Tort

A private or civil wrong that results in an injury; a breach of the duty of care causing damage; a negligent act.

Total Disability

This is when an injured party is determined to be permanently impaired.

Tort Lawsuit

The body of law that deals with civil wrongs. A tort lawsuit is brought by a plaintiff to claim damages for a wrong done to the plaintiff, regardless of whether or not the grievance was intentional or merely accidental.

Tortfeasor

One who commits a tort.

Trade Name

The name under which a person does business, and which identifies the business.

Trade Secret

Any formula, process, plan or mechanism developed and utilized in conjunction with one's business which is kept private or secret in order to obtain an advantage over competitors.

Total Loss

When property, usually a car, is determined to be too expensive to repair.

Trademark

Any mark, word, or design affixed to goods or products which authenticates them.

Treble Damages

Damages established by statute, most commonly applicable to anti-trust violations, whereby the plaintiff receives an award of three times the amount of actual damages.

Trespass

Wrongful interference with the use of the property of another.

Trial Court

A court of original jurisdiction which hears and tries a lawsuit.

Trust

An entity or method through which assets can be held for distribution to beneficiaries at a later date.

Trustee

A duly authorized agent or fiduciary who holds title to property for the benefit of another person; the administrator of a trust.

Ultra Vires

An action by a corporation that is beyond the scope of powers conferred by statute or authorized by corporate documents.

Umbrella Insurance Policy

A supplemental insurance policy that extends the basic limits of normal insurance liability.

Underinsured Motorist Coverage (UIM)

In Minnesota, insurance that provides protection to purchaser of said coverage and relatives living in his household who suffer injury caused by the negligence of another driver who does not have enough insurance to pay for all losses and damages. Underinsured motorist coverage can be stacked.

Uninsured Motorist Coverage

Insurance that protects you in case another driver who does not have any car accident insurance coverage.

Underwrite

To insure payment or satisfaction of an obligation; to insure life or property; to sell stock or bonds to the public and agree to buy any that are not sold.

Undue Influence

That degree of influence or compulsion that destroys or eliminates another's free will; any improper persuasion whereby the will of a person is overpowered inducing an action which otherwise would not have been taken.

Uninsured Motorist Coverage (UM)

In Minnesota, optional insurance that provides protection to purchaser of said coverage and relatives living in his household who suffer injury caused by the negligence of another driver who does not have insurance to pay for losses and damages. Uninsured motorist coverage can also be stacked.

Uniform Commercial Code (U.C.C.)

A compilation of laws governing commercial transactions.

United States Code

The official compilation of federal statutes.

Unjust Enrichment

The doctrine that a person should not be allowed to gain or benefit improperly from the acts and efforts of another without compensation.

Unliquidated

Not as yet determined as to amount.

User

In the area of products liability law, a person who uses goods.

Usury

The wrongful charging of interest at a rate which exceeds that allowed by statute. Usury may constitute a crime under state law depending on the rate of interest charged.

Vacate

To set aside or void an order or decision of a court.

Variance

A modification of zoning ordinance regulations to permit the use of property in a manner otherwise forbidden, when such variance will not be contrary to the public interest.

Venire

Process by which jurors are summoned to try a case; the jury panel.

Venue

The place of trial; one of several places where a trial may properly be conducted.

Verdict

The opinion and findings of a jury as reported to the court.

Verification

An affidavit, oath or deposition attesting to the accuracy of a statement contained in a document.

Vicarious Liability

The liability of one person for the torts of another. A legal notion that infers responsibility to an employer for wrongful acts of an employee. Also sometimes called imputed liability. See also Master and Servant.

View

An inspection of an object by the court or jury where the object or location viewed cannot conveniently be produced in court.

Void

Having no legal force; null.

Voidable

Capable of being rendered void or annulled.

Voir Dire

Process of questioning potential jurors so that each side may decide whether to accept or oppose individuals for jury service.

Waiver

The voluntary and intentional surrender of a right or privilege.

Ward

A person for whom a guardianship has been established.

Warranty

A promise to perform, make good, repair or indemnify the promissee for a loss incurred in the event a represented fact proves to be untrue; a promise that a fact is true.

Warranty Deed

A deed which warrants and guarantees that the title being transferred is free and clear of all encumbrances.

Weight of the Evidence

The balance of the greater amount of credible evidence.

Whiplash Injury

A soft-tissue injury to the neck or back usually associated with rear-end automobile collisions.

Will

A dispositive document prepared by or at the direction of a testator of sufficient testamentary capacity, indicating how property is to be disposed of as of the date of death.

Willful

Intentional; intending the result which comes to pass.

Willful Negligence

The intentional performance of an unreasonable act in complete disregard of a known risk, making it highly probable that harm will be caused. Willful negligence usually involves a conscious indifference to the consequences.

With Prejudice

A phrase used in orders of judgments indicating that an action or claim has been irrevocably dismissed and the only available remedy thereafter is an appeal.

Witness

In Personal Injury, one who sees, knows, or vouches for something related to an accident or injury.

Work Product

Work done by an attorney in the course of his representation of a client that is privileged and cannot be obtained by an adverse party.

Workers Compensation

The term workers compensation refers to a system of providing benefits and medical care to an employee for injuries occurring in the scope of employment.

Through this program, workers are provided with benefits and medical care, and employers have the assurance that they will not be sued by the employee.

Writ

The means by which a court compels acts to be performed, including such documents as an arrest warrant, garnishment and writs of attachment.

Writ of Assistance

A writ issued by a court in order to enforce its judgment or decree.

Writ of Execution

An order directed to a sheriff or other law enforcement officer to levy and execute upon the property of a judgment debtor to satisfy a judgment.

Writ of Prohibition

A writ issued by a Superior Court directing a judge, court or tribunal not to take an action that would be in excess of and beyond its jurisdiction.

Wrongful Death Action

An action for wrongful death is a lawsuit that is brought on behalf of a deceased person’s family or beneficiaries alleging that the death was attributable to the willful or negligent act of another person.

Wrongful Death Statute

A state statute defining and limiting the types of compensation recoverable by survivors of a decedent in an action resulting from another's negligence.

X.

A mark serving as the signature of a person who is illiterate or physically handicapped. The signer's name usually appears near the mark, and if the mark requires a notarized signature, two additional witnesses are also required in addition to the notary public.

Your Honor

In trial, a title customarily used when directly addressing a judge or other high official.

Zone of Employment

In workers compensation, the physical place of employment within which an employee, if injured there, can receive compensation. ie. Scope of Employment.