lawsuits-court

Definition

A rule that says that the owner of a domesticated animal (e.g., a dog) will be held strictly liable for injuries caused by the animal only if the owner knew or should have known about the animal’s dangerous or vicious propensities, which have been manifested in the past.

Definition

A nonresident defendant’s connections with the forum state (i.e., the state where the lawsuit is brought) that are sufficient for jurisdiction over that defendant to be proper. Lack of minimum contacts violates the nonresident defendant’s constitutional right to due process and “offends traditional notions of fair play and substantial justice” (International Shoe Co. v. Washington, 326 U.S. 310 (1945)).

Definition

Intentional conduct that is wrongful or unlawful, especially by officials or public employees. Malfeasance is at a higher level of wrongdoing than nonfeasance (failure to act where there was a duty to act) or misfeasance (conduct that is lawful but inappropriate).

Definition

1. A local official whose authority is limited to whatever has been granted by statute or specified in the appointment.

2. In local or state courts, a justice of the peace or other judicial officer who has strictly limited authority and jurisdiction to hear certain cases, often criminal cases or small claims.

3. In U.S.

Definition

A defamatory statement that is communicated in a fixed medium and is considered to be so harmful on its face that the plaintiff need not prove special damages.

Definition

Suitable for courts to hear and decide on the merits.

Definition

A federal statute (46 U.S.C. § 688) that extends the Federal Employer’s Liability Act (FELA) to seamen. The Act enables seamen who have been injured at sea during the course of their employment to bring a personal injury action against their employers.

Under the Jones Act, the plaintiff may bring an action in federal district court or in state court.
The defendant is not entitled to remove the case from a state court to federal court.

Definition

The revocation of a lawyer’s license to practice law, usually as a result of a violation of professional ethics.

Disbarment may be imposed by the state bar association if a lawyer commits an offense that directly relates to his or her fitness to practice law. Such offenses may include dishonesty, fraud, felony, substance abuse, abuse of public office, or “conduct that is prejudicial to the administration of justice.”

Definition

The section of a prison the holds prisoners who have been sentenced to death and are awaiting execution.

Definition

The suspension or postponement of a trial or court proceeding. Continuance is made on a case-by-case basis at the court’s discretion. Courts balance giving the moving party enough time; the need to make the trial timely and speedy; and the interests of justice.