civil law: 1) A generic term for all non-criminal law, usually as it applies to settling disputes between private citizens or entities. 2) A body of laws and legal concepts derived from Roman law instead of English common law.
Nov 16, 2016 · Negligence – The failure to act with the degree of care that the law requires to protect other people and their interests, which often results in injuring others. Damages – The amount of money a client can recover in a lawsuit. These terms are just a small sample of many you need to know about the legal field.
If you decide to act as your own attorney, make sure to do your homework. Preparing yourself and weighing the pros and cons of acting as your own attorney can make all the difference to your case. Saving money and being able to better represent yourself are two false benefits to acting as your own attorney.
The following is a legal terminology list, which is a compilation of some common legal terms and meanings that will make your confrontation with laws a lot easier. A This term is often used to explain a situation in which one fact is already proven and ascertained, then it can be inferred that the related second fact is more true.
Request a formal review by the insurance company. The customer service representative can tell you the specific procedures required. Then, state your case for appeal in writing, and send the letter via certified mail with return receipt requested. Make sure to do this immediately.
Insurance defense is legal representation that specializes in cases relating to insurance. Insurance defense attorneys may work for law firms that offer insurance companies legal help or may work as staff attorneys for the insurance company itself.
Types of Defenses This perception is founded, to some extent, on the use by insurance companies of three common defenses, all of which relate to a duty of good faith on the part of the insured: (1) representation, (2) concealment, and (3) warranties.
You can sue your insurance company if they violate or fail the terms of the insurance policy. Common violations include not paying claims in a timely fashion, not paying properly filed claims, or making bad faith claims.Feb 16, 2022
Civil attorneys provide legal strategies and advice on your civil case. They'll represent you in a variety of proceedings, such as pretrial hearings, depositions, arbitration, mediation, and the trial itself.
Defense Costs means reasonable and necessary legal fees and expenses incurred by the Company, or by any attorney designated by the Company to defend any Insured, resulting from the investigation, adjustment, defense and appeal of a Claim.
A hammer clause is an insurance policy clause that allows an insurer to compel the insured to settle a claim. A hammer clause is also known as a blackmail clause, settlement cap provision, or consent to settlement provision.
Insurance Companies have been allowed no other defence except the following: (1) Use of vehicle for hire and reward not permit to ply such vehicle. (2) For organizing racing and speed testing; (3) Use of transport vehicle not allowed by permit.
“Settlement authority” is a statutory term (10 U.S.C. 2735) meaning that officer authorized to approve, deny or compromise a claim, or make final action. “Approval authority” means the officer empowered to settle, pay or compromise a claim in full or in part, provided the claimant agrees.
What are the four types of negligence?Gross Negligence. Gross Negligence is the most serious form of negligence and is the term most often used in medical malpractice cases. ... Contributory Negligence. ... Comparative Negligence. ... Vicarious Negligence.
Most insurance policies have a provision labeled “Suit Against Us” that says you have one year from the date of a loss to file a lawsuit relating to a claim under the policy. The law in your state may override that provision and give you more than a year.
Gross negligence typically has the potential to cause serious harm to others. In the context of insurance, it is common for general liability insurance policies to exclude coverage gross negligence.Dec 16, 2017
The specialized language used in legal writing makes it difficult to read. In statutes, court decisions, and business contracts, the legal doctrine...
You may not be familiar with some legal terms unless you work in the legal profession or watch legal dramas frequently on television. Various terms...
The language of lawyers and lawsuits is unique. Unfortunately, lawyers often forget that the words they encounter every day could be unfamiliar to...
To make such a request is "to appeal" or "to take an appeal.". Both the plaintiff and the defendant can appeal, and the party doing so is called the appellant. Appeals can be made for a variety of reasons including improper procedure and asking the court to change its interpretation of the law.
bail - Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
Refers to court sessions with the entire membership of a court participating, rather than the usual quorum. U.S. courts of appeals usually sit in panels of three judges, but may expand to a larger number in certain cases they deem important enough to be decided by the entire court.
Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons. plaintiff - The person who files the complaint in a civil lawsuit. plea - In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges in open court.
affidavit - A written statement of facts confirmed by the oath of the party making it. Affidavits must be notarized or administered by an officer of the court with such authority. affirmed - Judgment by appellate courts where the decree or order is declared valid and will stand as decided in the lower court.
appellate - About appeals; an appellate court has the power to review the judgment of another lower court or tribunal. arraignment - A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
bench trial - Trial without a jury in which a judge decides the facts. In a jury trial, the jury decides the facts. Defendants will occasionally waive the right to a jury trial and choose to have a bench trial. beyond a reasonable doubt - Standard required to convict a criminal defendant of a crime. The prosecution must prove the guilt so that ...
Doctrine: A legal doctrine is a rule or principle of law, framework, set of rules, when established by a precedent through which judgments can be determined in a given legal case.
Bachelor of Laws: A degree granted to a person who has successfully completed graduation from a law school. This degree is abbreviated as L.L.B, and nowadays some law schools grant a Juris Doctor (J.D.) degree instead of the former.
Acceleration Clause: A contractual provision, which hastens the due date of payment or obligation, as a penalty for default in the payment/obligation. Access: A term used in family law and refers to the right of a spouse, which allows to spend time with children on a regular basis.
Appeal bond is a guaranty by the party who files the appeal to the effect that the court costs will be paid and the appeal will be filed within the statutory time limit (appeal period). Appearance: Being present before a court of law as a party to a suit, either in person or through an attorney.
Canon Law: The laws of the church, which are based on religious beliefs and customs. These laws are not binding, as far as the judicial system is concerned. Canon law deals with the matters related to church, like funerals, baptism and church property.
Jurisprudence: The word jurisprudence comes from the Latin word ‘juris prudentia’, which means the study of knowledge or science of law.
Kangaroo Court: A term, which refers to a bogus court or sham legal proceedings that deny the basic rights of a party to a case. This term may denote an unauthorized court or an authorized one, which conducts its proceedings without taking into account the principles of law and justice.
Powers of attorney are key estate planning documents. In the unfortunate event that you become unable to care for yourself, it is crucial that you grant a trusted party the authority to effectively make legal, financial, and medical decisions on your behalf. Through two key estate planning documents — the durable power of attorney and ...
Can a Durable Power of Attorney Make Medical Decisions? No. A durable power of attorney is generally for legal decision making and financial decision making. To allow a trusted person to make health care decisions, grant them medical power of attorney.
Yes. You have the legal right to appoint multiple people as your power of attorney. You could even split your durable power of attorney and your medical power of attorney. The legal documents should state whether each agent has full, independent power or if they have to act jointly.
Can a Convicted Felon Have Power of Attorney? Yes. Texas law does not prevent a convicted felon from having a power of attorney. A mentally competent person has the authority to select who they want to serve as their power of attorney.
Put another way, the purpose of a law suit is to prove that one party is liable for the injuries and damages suffered by the other. 8. Malpractice. Malpractice is a complicated term. In order for us to prove that a doctor to committed malpractice, we need to prove four things:
Defendant. The Defendant is the person defending himself/herself in a law suit, or the person who is being sued. Although Defendants can bring their own claims against the person suing in the same case, called counterclaims, we generally think of a Defendant as the person accused of wrongdoing. 5.
A Default is a process where the court bars a party (plaintiff or defendant) from advancing claims or defenses because that party failed to do something required by the rules of court or statutes (law).
Discovery (discovery process) Various statutes and court rules permit both sides of a lawsuit to file certain papers in court requesting the other side to furnish information about the case. This is what we call Discovery – we discover information that the other side has about the case.
Docket. A Docket is the way the court keeps track of a case, and can be either singular (the docket for your particular case) or plural (the court’s entire docket of cases – sometimes in the hundreds). You may hear that your case is “on the docket,” meaning that it is scheduled for some type of hearing.
Trial List. This is where the case is ready for trial and the pleadings are closed, meaning that all papers that need to be filed have been filed. A case can be on either the jury list (where the case will be decided by a jury) or a courtside list (where the case will be decided by a judge. 6 (c).
Lawyers and law suits have their own language. Unfortunately, lawyers often forget that while we deal with this language every day, our clients and others involved in the legal system are often hearing strange words for the first time. At Ury & Moskow, we give a welcome package to each of our new personal injury and medical malpractice clients that explains what a law suit is and how the court system works. But we have never shared this information with our other litigation clients, or with the public. That changes now.
True legal advice forms an agreement between an attorney and his or her client based on a particular legal matter the client is experiencing. In a nutshell, legal advice has the following characteristics: Requires legal knowledge, skill, education and judgment. Applies specific law to a particular set of circumstances.
Legal information obtained from free online legal websites, including a law firm or attorney's own website. Advice from friends, family members, or former clients of a lawyer. Information you hear on the radio. Information you read on social media websites. Information you see in news periodicals or on billboards.
What Legal Advice is Not. While legal advice is specific, direct, and proposes a course of action, legal information, on the other hand, is factual, generic, and does not address any one particular cause of action. To help avoid the confusion that often comes with legal information, websites and individuals will often go to great lengths ...
As a general matter, only a lawyer may give actual legal advice, whereas any non-lawyer may recite legal information. Furthermore, it is generally illegal for a non-lawyer or unlicensed attorney to offer legal advice or otherwise represent someone other than himself or herself in a court of law. Unlike legal information, legal advice refers to ...
Health care attorney-in-fact. Patient advocate. Choosing a person to act as your health care agent is important. Even if you have other legal documents regarding your care, not all situations can be anticipated and some situations will require someone to make a judgment about your likely care wishes.
A medical or health care power of attorney is a type of advance directive in which you name a person to make decisions for you when you are unable to do so. In some states this directive may also be called a durable power of attorney for health care or a health care proxy.
Advance directives aren't just for older adults. Unexpected end-of-life situations can happen at any age, so it's important for all adults to prepare these documents. By planning ahead, you can get the medical care you want, avoid unnecessary suffering and relieve caregivers of decision-making burdens during moments of crisis or grief.
Keep the originals in a safe but easily accessible place. Give a copy to your doctor. Give a copy to your health care agent and any alternate agents. Keep a record of who has your advance directives. Talk to family members and other important people in your life about your advance directives and your health care wishes.
Reviewing and changing advance directives. You can change your directives at any time. If you want to make changes, you must create a new form, distribute new copies and destroy all old copies. Specific requirements for changing directives may vary by state.
Is willing and able to discuss medical care and end-of-life issues with you. Can be trusted to make decisions that adhere to your wishes and values. Can be trusted to be your advocate if there are disagreements about your care.
A living will is a written, legal document that spells out medical treatments you would and would not want to be used to keep you alive, as well as your preferences for other medical decisions, such as pain management or organ donation. In determining your wishes, think about your values.
Notwithstanding legal use means creating exceptions to the rules of a contract. It also means despite, in spite of, even if, with regard to, however, in any event, nevertheless, still, and yet.
Subject to has two different meanings: 1 A phrase that is cross-referencing 2 A phrase that introduces a conditional sentence
The phrases mean essentially the same thing, but notwithstanding appears in a prevailing clause, while subject to appears in a superseded clause.