On All Fours: an expression used to characterize a case where facts and law are similar to another's
On Demand: as soon as requested
On the Merits: a decision or ruling that deals with the underlying basis of the case rather than a rule of procedure
P
Parental Liability: a statutory law that obligates parents for certain wrongful acts committed by their children prior to achieving adulthood
Pecuniary Damage: financial losses incurred
Per Diem: (lat.) course of a day
Piercing the Corporate Veil: a legal doctrine that lifts a shareholder's shield of immunity for wrongful corporate activity under special circumstances
Plaintiff: the party who first initiates litigation
Pleadings: papers required to be filed by each party with the court which allege the facts, claims, and defenses involved in the case
Prayer: the relief sought by the plaintiff in the lawsuit as stated in his pleading to the court
Precedent: a deviation in a prior case which established a right or reasoning of law which must be followed in the present case
Pre-Emption: a judicial principle which states that certain federal laws apply over certain state laws
Preponderence of the Evidence: the standard of proof in civil cases, more likely than not
Presumption: a rule of law which allows the finding of one fact from the presentation of another fact shown, an irrebuttable presumption requires a finding of
the presumed fact
Prevailing Party: the winning party in the matter
Prima Facie Case: the existence of some evidence on each required point of a case
Privity: a sufficient relationship between parties to the same rights or property
Product Liability: principle of statutory and/or common law that holds a manufacturer responsible without regard for negligence if the product is defective
Proffer (of evidence): to present to the record in a trial what evidence a party has on a given point after the court has refused its admission into evidence in
order that a reviewing court can know what was excluded at the original proceeding
Pro Hac Vice: (lat.) for this one particular occasion
Pro Se: (lat.) for himself; in law, it refers to a person who represents himself without a lawyer
Punitive Damages: an award of money to punish the wrongdoer and to discourage all from similar wrongdoing
Q
Quantum Merit: as much as it is worth
Quash: to annul or abandon by judicial decision
Question of Fact: the existence of a controversy as to the actual facts of a case which must be determined by the trier of fact - a jury in a jury trial; the
judge in a bench trial
R
Reasonable Care: the amount of care expected of an ordinarily prudent person under the same or similar circumstances
Rebuttal: evidence disproving other evidence previously given
Reckless Disregard: behavior or demeanor which evidences a lack of concern for consequences
Remand: to send back
Remittitur: (lat.) to reduce, generally in law it describes a reduction of the jury's verdict made by the judge
Removal: the right of a defendant in a civil lawsuit to have a case moved from state court to a federal court within 30 days of the service of the complaint if
jurisdiction also exists in the federal court
Rescission: the cancellation of a contract
Res Ipsa Loquitur: (lat.) the thing speaks for itself. In a negligence lawsuit, the plaintiff generally has the burden to prove that the defendant was
negligent. The doctrine of res ipsa loquitur is a rule of evidence which has the effect of requiring the defendant to prove that he was not negligent in certain
circumstances
Res Judicata: (lat.) the thing has been decided
Respondeat Superior: (lat.) let the superior reply. A legal principle whereby the master is responsible for the acts or omissions of his/her servant
Restitution: to make good the loss for injury or damage
Reversible Error: error in a trial which is significantly sufficient to cause the entire trial to be reversed or a new trial to be granted by a reviewing
appellate court
Risk of Non-Persuasion: see BURDEN OF PROOF
Routine Vacatur: a procedure where a defendant settles an unfavorable determination which occurred in the trial court while the case is on appeal and has the
appellate court vacate the determination below
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