chapter 2 legal liability

is a legal wrong that results in injury to another party and/or damage to property, "wrongful act against another person resulting in injury to that person; it is civil

civil action - results in a money judgment, criminal action - results in a fine or imprisonment

party who brings the civil action

party against whom the action is brought

if you think you need a lawyer, you probably do; if the matter involves a threat or serious damage to you, a lot of money, might effect your future, is complicated and worrying you - you should consult a lawyer; if the other party has hired a lawyer, you should get one for yourself

agreement whereby the lawyer will accept a case on the basis of receiving a percentage of the settlement (usually about one third)

is a sworn testimony by a witness taken before a court reporter, who is a notary public, while both attorneys are present. each attorney may ask questions. answers are typed and may be read to the jury during the trial

summary of the law from the governing state as it applies to the particular facts of the case. If either sides wishes a trial by jury, he files for it; otherwise, witnesses are heard by the judge only who makes the decision

laws passed by the legislature

order of the court for a person to appear and testify as a witness in court

court attaché who assists the judge in keeping order in the court and who tends to the jury, keeping anyone from talking or disturbing the jurors

to review the records of the proceedings' see if any errors of law occurred at the trial. In an appeal, no witness appears nor is any NEW TESTIMONY allowed

$1.00 per hour for physical pain and suffering plus $1.00 per hour for mental pain and suffering; based on a 16 hour day

one who goes onto another's premises without permission; no duty is owed to him

one who enters another's premisses for curiosity, convenience, or entertainment with the occupier's permission; no duty is owed

person who goes onto a property to bestow an economic benefit to the possessor; the duty owed is to maintain the property in a reasonable and safe condition

the employer is responsible for his agent's act done within the scope of his/her employment

assumption of risk, contributory negligence

failure to do what a reasonable or prudent person would do in alike or similar circumstances

this is the direct cause, something that causes injury or harm, that is unbroken by any other intervening cause

the thing speaks for itself

reasonable knowledge of a danger even if not officially notified. Refers to what is "obvious" or a person "should have known"

something is reported in writing of needing repair, being dangerous, etc

sympathy for the injured party

coaches background; expertise; years of experience; professional training; post graduate work; clinics attended; use of protective measures

the part of a judicial inquiry concerned with the interpretation of the law.

a statement that denies something, especially responsibility.

a person who is permitted to testify at a trial because of there job and/or training

education of handicapted