lawsuits-court

Definition

An activity or process that presents an unavoidable risk of serious harm to the other people or others’ property, for which the actor may be held strictly liable for the harm, even if the actor has exercised reasonable care to prevent that harm.

Definition

A court of original jurisdiction where evidence and testimony are first introduced, received, and considered. Findings of fact and law are made in the trial court, and the findings of law may be appealed to a higher court that has the power of review.

A trial court of general jurisdiction may hear any civil or criminal case that is not already exclusively within the jurisdiction of another court.

Definition

The offense of betraying one’s own country by attempting to overthrow the government through waging war against the state or materially aiding its enemies. Also termed high treason; alta proditio.

According to the United States Constitution, Article III, § 3, “Treason against the United States, shall consist only in levying war against them, or in adhering to their Enemies, giving them Aid and Comfort.

Definition

A person who is neither a promisor nor promisee in a contractual agreement, but stands to benefit from the contract’s performance.

Definition

Oral or written evidence given by a competent witness, under oath, at trial or in an affidavit or deposition.

Definition

To cheat a person out of money or property through fraud or deceit.

Definition

The willful theft of merchandise from a retail establishment without the knowledge or consent of the seller with the intention of converting those goods for one’s personal use and without having paid the purchase price. Shoplifting is considered to be a form of larceny and may be prosecuted as such.

Definition

A federal anti-monopoly and anti-trust statute, passed in 1890 as 15 U.S.C. §§ 1-7 and amended by the Clayton Act in 1914 (15 U.S.C.

Definition

The act of implicating oneself in a crime or exposing oneself to criminal prosecution. Self-incrimination may occur as a result of interrogation or may be made voluntarily. The Fifth Amendment of the Constitution protects a person from being compelled to incriminate oneself. Also termed self-crimination; self-inculpation.

A hint or a spark. In common law, if there is even a trace of evidence on an issue, then the issue must be decided on the merits, and a motion for summary judgment or a directed verdict cannot succeed.