Money awarded by a court to compensate a party for losses or injuries suffered due to another's wrongful act or breach of contract. Compensatory damages cover actual losses; punitive damages are meant to punish and deter egregious conduct.
Example: The jury awarded $500,000 in compensatory damages for medical bills and lost wages after the car accident.
A court ruling in favor of one party because the opposing party failed to respond to a lawsuit or appear in court within the required time. It is entered automatically when a defendant does not answer a complaint.
Example: The company ignored the lawsuit, and the court entered a default judgment awarding the plaintiff $30,000.
The person or entity being sued in a civil case, or the person accused of a crime in a criminal case. In civil matters, the defendant responds to the plaintiff's complaint; in criminal matters, the defendant faces charges brought by the prosecution.
Example: The defendant denied all allegations and presented witnesses to support their alibi.
Sworn testimony given outside of court, typically during the discovery phase of litigation. A witness answers questions under oath while a court reporter records the testimony. Depositions can be used at trial to question credibility or as evidence.
Example: Both attorneys spent three hours questioning the eyewitness during the deposition before the trial began.
The pre-trial process in which both parties in a lawsuit exchange relevant information and evidence. Discovery tools include depositions, interrogatories, requests for documents, and requests for admission. It ensures neither side is surprised at trial.
Example: During discovery, the plaintiff's attorneys obtained thousands of internal emails that proved their case.
The constitutional guarantee that the government must follow fair procedures before depriving a person of life, liberty, or property. Procedural due process requires notice and a fair hearing; substantive due process protects fundamental rights from government interference.
Example: The court ruled that firing the teacher without any hearing violated her due process rights.
Wrongful pressure, threats, or coercion that forces a person to act against their free will. Contracts signed under duress may be voidable, and criminal acts committed under duress may be subject to a duress defense.
Example: She claimed the contract was signed under duress because he had threatened harm to her family if she refused.
The legal right to use another person's property for a specific, limited purpose without possessing it. Common examples include a neighbor's right to cross another's land or a utility company's right to install power lines.
Example: The deed included an easement granting the neighboring property access to the shared driveway.
The government's power to take private property for public use, provided the owner receives just compensation. This power is established in the Fifth Amendment of the U.S. Constitution. Also called "condemnation" or "expropriation."
Example: The city used eminent domain to acquire land for a new highway, compensating each property owner at fair market value.
A branch of law focused on fairness and justice, providing remedies that go beyond simple monetary compensation. Equitable remedies include injunctions (orders to stop an action) and specific performance (orders to fulfill a contract). Courts of equity arose historically when monetary relief alone was insufficient.
Example: Because money alone could not remedy the harm, the court granted an equitable remedy requiring the company to clean up the contamination.
Any information, document, object, or testimony presented in court to prove or disprove facts at issue in a legal case. Evidence must generally be relevant, material, and competent to be admissible. Types include physical evidence, documentary evidence, and testimonial evidence.
Example: The prosecution presented DNA evidence, security footage, and witness testimony to support its case.
Latin for "from one side." A legal proceeding or communication involving only one party, without the other side being notified or present. Generally disfavored in courts but permitted in emergencies or when secrecy is essential (such as a temporary restraining order).
Example: The attorney sought an ex parte temporary restraining order to freeze the defendant's assets before they could be hidden.
A person or entity with a legal duty to act in the best interests of another party, placing that party's interests above their own. Common fiduciary relationships include trustee-beneficiary, attorney-client, and financial advisor-client.
Example: As a trustee, she had a fiduciary duty to manage the estate assets solely for the benefit of the beneficiaries.
A group of citizens (typically 16 to 23 people) convened to review evidence presented by the prosecution and decide whether there is probable cause to issue a formal indictment. Grand jury proceedings are secret, and only the prosecution presents evidence.
Example: The grand jury reviewed the evidence for three weeks before voting to indict the official on corruption charges.
Latin for "you shall have the body." A fundamental legal right requiring authorities to bring a detained or imprisoned person before a court to justify why they are being held. It protects individuals from unlawful imprisonment and is a cornerstone of civil liberty.
Example: The defense attorney filed a habeas corpus petition arguing that her client was being held without sufficient legal basis.
An out-of-court statement made by someone who is not currently testifying, offered in court to prove the truth of what the statement asserts. Generally not admissible as evidence due to reliability concerns, though numerous exceptions exist (such as dying declarations and excited utterances).
Example: The witness's account of what a bystander told them was excluded as hearsay because that bystander was not present to testify.