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An Agreement to accept less than is legally due in the order to complete the matter. |
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Formed for a specific purpose or appointed to solve a particular problem. |
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A remedy awarded by a court that provides complete satisfaction in the matter. |
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A person who is authorized to act for another through employment, contract or apparent authority. |
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The party who appeals a trial court decision he/she/it has lost. |
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The party who has won at the trial court level, but the loser (appellant) has appealed the decision to a higher court. |
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The act of transferring an interest in property or some right to another. |
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1. Taking a chance in a potentially dangerous situation, or 2. Contracting to take over the risk. |
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An examination by a trained accountant of financial records. |
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The statement of the assets and the liabilities of a business at a particular time, intended to show the overall condition of the business. |
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An agreement in which the parties exchange promises for each to do something in the future. |
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Failing to perform any term of a contract, written or oral, without a legitimate legal excuse. |
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The requirement that the plaintiff show by a "preponderance of evidence" that all the facts necessary to win a judgement are presented and probably true. In a criminal trial the burden of proof required of the prosecutor is to prove the guilt of the accused "beyond a reasonable doubt." |
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Reported decisions of appeals courts and other courts which make new interpretations of the law and, therefore, can be cited as precedents. |
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The basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the "elements" required by statute. |
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An order of a higher court to review the decision of a lower court. |
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Potential responsibility in a lawsuit. |
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A rule of the law applied in accident cases to determine responsibility and damages based on the negligence of every party directly involved in the accident. |
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Damages recovered in payment for actual injury or economic loss. |
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The first document filed with the court by a person or entity claiming legal rights against another. |
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A person or entity who begins a lawsuit by filing a complaint and is usually called the plaintiff. |
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In a trial, the final result of an analysis of the facts presented in evidence. |
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A judge's decision on a question of law which has been raised in trial. |
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Damages claimed and/or awarded in a lawsuit which were cause as a direct foreseeable result of wrongdoing. |
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1. Payment or money. 2. A benefit/value which must be bargained for between the parties, and is the essential reason for a party entering into a contract. |
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A doctrine of common law that if a person was injured in part due to his/her own negligence, the injured party would not be entitled to collect any damages from another party who supposedly caused the accident. |
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The laws of the state which will be relied upon in interpreting or judging disputes. |
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