accidents and injuries

amount in controversy

Amount in controversy refers to the amount of money a plaintiff seeks in a lawsuit. The monetary value of a non-monetary remedy such as an injunction can also be included in the amount in controversy. For a case to be heard in district court...

appear

Appear is the verb for when a party makes an appearance at trial. You can appear either in person or virtually, though both options are not always available in any given court.

For more specific information, see appearance...

appellant

Appellant is the party who appeals a lower court's judgment or order to a higher court. The appellant is dissatisfied with the outcome of the proceeding and seeks review by a higher court to overturn or modify the decision. In some courts, it...

appropriation

Appropriation occurs when a defendant uses a plaintiff’s name, likeness, or image without their permission for commercial purposes. Appropriation is one of several torts falling under the category of invasion of privacy. When a defendant uses...

assumption of risk

Assumption of risk is a common law doctrine that refers to a plaintiff’s inability to recover for the tortious actions of a negligent party in scenarios where the plaintiff voluntarily accepted the risk of those actions. Potential plaintiffs...

attractive nuisance

Attractive nuisance is a dangerous condition on a landowner's property that may particularly attract children onto the land and pose a risk to their safety. The attractive-nuisance doctrine imposes a duty on property owners to treat...

autopsy rights

Autopsy rights are those given to the deceased and the next of kin to determine whether and to what extent autopsies should be performed. Typically, the individual (prior to death) and next of kin get to decide whether an autopsy is performed...

award

An award is defined as a final judgment or decision. Generally, an award will include a declaration that one party owes another a certain amount of money. Although the term often refers to the decisions of arbitrators and juries, it can also...

battery

Tort Law

Battery is an intentional tort. When a person intentionally causes harmful or offensive contact with another person, the act is battery. However, if the plaintiff expressly consented to such an act or gave implied consent by...

business judgment rule

The business judgment rule provides a director of a corporation immunity from liability when a plaintiff sues on grounds that the director violated the duty of care to the corporation so long as the director’s actions fall within the...

Pages