Legal Definition of Punitive Damages
Punitive damages are awarded by courts to punish a defendant when their “actions amount to willful or wanton negligence, or recklessness, or where there is ‘a conscious disregard of the rights of others or conduct so reckless as to amount to such disregard.’” They differ from special and general damages. What Punitive Damages Are in […]
Legal Definition of Burden of Proof
A burden of proof is “the standard that a party seeking to prove a fact in court must satisfy to have that fact legally established.” The plaintiff carries the burden of proof. What Are the Burdens of Proof for Criminal and Civil Cases? In our legal system, there are three primary burdens of proof. Each […]
Legal Definition of a Remedy
A remedy is the “means by which a court enforces a right or orders redress for a wrong,” according to LexisNexis. What Is a Remedy in Layman’s Terms? In everyday language, a remedy is simply the way a court makes something right after a person has been harmed. It is the legal system’s method of […]
Legal Definition of Standard of Care
Black’s Law Dictionary defines standard of care as, “that degree of care which a reasonably prudent person should exercise under same or similar circumstances. If a person’s conduct falls below such a standard, he may be liable in damages for injuries or damages resulting from his conduct.” What Is Standard of Care in Layman’s Terms? […]
Legal Definition of Plaintiff & Defendant
A plaintiff is a person who brings a legal action. Sometimes a plaintiff is a person acting on behalf of someone else, e.g., a parent filing a lawsuit for an injured child or a representative filing for someone who cannot do so themselves. A defendant is the person or company that is being accused of […]
Legal Definition of a Deposition & Interrogatories
A deposition is a “witness’s sworn out-of-court testimony…used to gather information as part of the discovery process,” according to Cornell Law School’s Legal Information Institute (LII). An interrogatory is a “list of written questions one party sends to another as part of the discovery process,” according to LII. What Are Depositions and Interrogatories in Layman’s […]
Legal Definition of Damages
Damages are “the remedy that a party requests the court award in order to try to make the injured party whole,” according to Cornell Law’s Legal Information Institute. What Does Damages Mean in Layman’s Terms? Damages are the compensation you can recover in a personal injury or wrongful death case. There are a few types […]
Legal Definition of Cause of Action & Causation
A cause of action is “a set of predefined factual elements that allow for a legal remedy,” according to Cornell Law School’s Legal Information Institute (LII). Causation is a “factual connection between an act and a consequence that in some way follows from that act,” according to LexisNexis. What Are Cause of Action and Causation […]
Legal Definition of Bad Faith
Bad faith is dishonesty or fraud within a transaction. What Bad Faith Means in Layman’s Terms Bad faith happens when an insurance company refuses to fulfill its contractual obligations or deliberately avoids engaging in a fair, reasonable way with its policyholder or a claimant. Instead of evaluating your claim honestly, the insurer may take steps […]
Legal Definition of a Brief
A brief is a written argument submitted to the court, as defined by Cornell Law School’s Legal Information Institute. In practice, a brief is the document that explains a party’s position, lays out the facts, and applies the law in a clear and persuasive way. What Is a Brief in Layman’s Terms? In simple terms, […]