Personal Injury Glossary Terms: A - C

- A -

Action in Personam: An act that is committed against a person in personal liability, which is contrasted to an action that is in rem, or may be expressed as an action to recover specific objects, such as an automobile.

Adjudication: The production of a judgment or verdict by the court.

Admissible Evidence: Evidence that is allowable to be used as evidence in a court of law.

Admission: A statement in which by being uttered, establishes a persons’ guilt and acknowledgement.

Adversarial System: The trial system that is practiced in the US, as well as in some other democratic countries where opposing, or adversarial parties present and establish their opposing contentions before the court.

Affidavit: A documented and verbal statement that is witnessed before an authority that has been granted the authority to administer oaths.

Alibi: A defense by an accused person purporting to show that he or she could not have committed the crime in question.

Allegation: A statement of the issues in a written document (a pleading) which a person is prepared to prove in court. For example, an indictment contains allegations of crimes against the defendant.

Alternative Dispute Resolution: Methods such as arbitration and mediation, that are used for settling a dispute by means other than a lawsuit.

Answer: The formal written statement by a defendant in a civil case that responds to a complaint, articulating the grounds for defense.

Appeal: A legal action in which a litigant asks a higher court to review and reverse a lower court's decision.

Appellant: A party who appeals a lower court’s decision. The appellant usually wants the higher court to reverse the lower court’s decision.

Arrest of Judgment: Postponing the effect of a judgment already entered.

Assault: A willful attempt to illegally inflict injury on or threaten a person.

Assumption of Risk: In tort law, a defense to a personal injury suit. The essence of the defense is that the plaintiff assumed the known risk of whatever dangerous condition caused the injury.

- B -

Battery: A beating, or wrongful physical violence.

Bench Trial: Trial without a jury in which the judge decides the case.

Brief: A statement written by an attorney regarding the clients case before a court.

- C -

Case Law: The laws that are created by the courts which is done by interpreting the cases and laws as opposed to law which are created by legislation.

Cause of Action: A claim which provides sufficient evidence that a law suit is justified.

Certiorari: An order that is issued by an appellate court, usually the US Supreme Court, ordering that a case be brought before it from a lower court, for the purpose of reviewing the issues of law.

Change of Venue: The moving of a case from one court to another circumstantial evidence - Evidence that was given yet was of an indirect nature. Testimony that is given regarding facts that are presented in controversy yet are not physically witnessed or observed.

Citation: A court order which requires an appearance for a defendant to appear in court.

Clerk of the Court: An official of the court which maintains court records, files pleadings, motions, and judgments, and administers the oath to jurors and witnesses.

Comparative Negligence: The level in which a party may have had responsibility to their own injury, damage or death.

Complainant: Same as plaintiff.

Complaint: A pleading which is presented on behalf of the plaintiff in a civil case.

Contempt of Court: An act which involves disrespecting the court or failure to observe the rules or orders of the court.

Continuance: A postponement of the court proceedings.

Corroborating Evidence: Supporting evidence that is given which provides support for the primary evidence in a case.

Court Reporter: A court official who records testimony and arguments, and transcribes it into a permanent record of all court proceedings.

If you have anymore questions regarding Personal Injury, contact our California Injury Attorney today!