Escrow: money paid into an account in the name of a third party which is then released once certain conditions have been fulfilled
Estate: a person's assets minus their liabilities at any given time
Evidence: everything used to determine the assertion of truth
Executor: person named in a will to dispense the estate person, this is not to be confused with the beneficiary
Exhibit: evidence and or documents provided to a court to support a claim
These terms are brought to you by the Atlanta Accident Attorneys.
Tuesday, December 2, 2008
Monday, December 1, 2008
Legal Definitions: Letter D
Damages: money paid to someone who has suffered injury or loss as a result of an action by a third party
Debtor: someone who owes money to a creditor
Decision: the verdict of a court in a case
Deed: a written legal document describing a piece of property and setting out the boundaries of that property
Default: is the failure to do something required of you under contract – an obligation. Ordinarily the obligation is to pay money, which is what you do not pay, would mean you are in default of the contract
Defendant: person who has charges to answer (criminal), or is being sued (civil)
Defined Benefit/Contribution Plan: a defined benefit plan and a defined contribution plan are forms of 401(k) retirement plans there are restrictions on how and when a person can withdraw money
Deposition: witness testimony under oath and recorded for a later date
Discovery: the process, pre-trial, where each party to a case will ask for documentation and information relevant to their case
Dismissal: the termination of a case
Double Jeopardy: is the process of being tried twice for the same crime/offense, this is a process prohibited by the 5th Amendment
Due Process: according to The U.S Constitution, "[no] person shall be ... deprived of life, liberty, or property, without due process of law".
These terms are brought to you by the Atlanta Accident Attorneys.
Debtor: someone who owes money to a creditor
Decision: the verdict of a court in a case
Deed: a written legal document describing a piece of property and setting out the boundaries of that property
Default: is the failure to do something required of you under contract – an obligation. Ordinarily the obligation is to pay money, which is what you do not pay, would mean you are in default of the contract
Defendant: person who has charges to answer (criminal), or is being sued (civil)
Defined Benefit/Contribution Plan: a defined benefit plan and a defined contribution plan are forms of 401(k) retirement plans there are restrictions on how and when a person can withdraw money
Deposition: witness testimony under oath and recorded for a later date
Discovery: the process, pre-trial, where each party to a case will ask for documentation and information relevant to their case
Dismissal: the termination of a case
Double Jeopardy: is the process of being tried twice for the same crime/offense, this is a process prohibited by the 5th Amendment
Due Process: according to The U.S Constitution, "[no] person shall be ... deprived of life, liberty, or property, without due process of law".
These terms are brought to you by the Atlanta Accident Attorneys.
Tuesday, November 11, 2008
Catastrophic Injuries
With convenient office locations, The Accident Attorneys provide quality legal services and aggressive representation to catastrophic personal injury and accident victims. Injury cases are the ONLY kind of cases we handle and we have been able to obtain millions of dollars in compensation for families and individuals throughout the state of Georgia.
Catastrophic personal injuries include:
Brain injury / closed head injury claims
Spinal cord injury / paralysis claims
Severe back injury claims (herniated disk, protruding disk)
Claims resulting from amputations
Scarring and disfigurement claims
Hearing loss / vision loss claims
Most of these injuries will require lifetime care.We have the experience required to stand up to the big businesses and insurance companies and to obtain fair compensation for your loved one's brain damage, spinal cord, or other catastrophic injury.
Saturday, November 8, 2008
Negligence and other legal definitions
A negligence case depends on one person being found negligent in dealing with the other. What establishes negligence may not be seen as obvious at a glance. Without negligence being proved in a lawsuit there is no case and damages cannot be rewarded.
What is negligence?
A person is negligent when he or she fails to act like the standard ordinary reasonable person. A critical issue in many cases is how an "ordinary, reasonable person" was expected to act in the particular situation that caused injury. An ordinary, reasonable person can travel down the Interstate at 65 miles per hour. However, if an intense sunlight is present, the same ordinary, reasonable person should reduce his/her speed of travel. Deciding whether a given person has met his/her "ordinary reasonable person" standard is often a matter that resolved by a jury after presentation of evidence and argument during a trial.
What is ‘comparative negligence’?
Comparative negligence when it is contended that two or more parties failed to perform at the standard of the "ordinary reasonable person". For example, suppose one person was driving without their lights on in a patch of dense fog on the highway and hit a car. But the car that hit the person was going to fast. When each party in a situation has a degree of negligence in causing an accident, the responsibility to the other person is reduced by the other person’s degree of negligence. A jury might decide that the driver going to fast is 60% responsible while the driver without lights on would be 40% responsible. The state law will determine who will recover what in a case of comparative negligence.
What is proximate cause?
Proximate cause happens due to negligence or an intentional wrongful act. In order to win a lawsuit for damages due to negligence or some other wrong, it is essential to plead proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause of the damages to the plaintiff. Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. In criminal law, the defendant's act must have been the proximate cause of the death of a victim to prove murder or manslaughter.
What is an ‘intervening cause’?
An intervening cause comes between one act or failure to act which alters the natural and continuous series of events that follows. When an intervening cause is present, the natural chain of events have been changed due to the subsequent act of another, the initial person may be relieved of the responsibility for an injury that is produced. In the example provided for proximate cause, the act of the stranger picking up the glass bottle and throwing it through the window is an intervening cause. The responsibility for injury to the man is shifted and the stranger's act becomes the intervening cause of the man's injury.
This article was written by the Atlanta Accident Attorneys.
What is negligence?
A person is negligent when he or she fails to act like the standard ordinary reasonable person. A critical issue in many cases is how an "ordinary, reasonable person" was expected to act in the particular situation that caused injury. An ordinary, reasonable person can travel down the Interstate at 65 miles per hour. However, if an intense sunlight is present, the same ordinary, reasonable person should reduce his/her speed of travel. Deciding whether a given person has met his/her "ordinary reasonable person" standard is often a matter that resolved by a jury after presentation of evidence and argument during a trial.
What is ‘comparative negligence’?
Comparative negligence when it is contended that two or more parties failed to perform at the standard of the "ordinary reasonable person". For example, suppose one person was driving without their lights on in a patch of dense fog on the highway and hit a car. But the car that hit the person was going to fast. When each party in a situation has a degree of negligence in causing an accident, the responsibility to the other person is reduced by the other person’s degree of negligence. A jury might decide that the driver going to fast is 60% responsible while the driver without lights on would be 40% responsible. The state law will determine who will recover what in a case of comparative negligence.
What is proximate cause?
Proximate cause happens due to negligence or an intentional wrongful act. In order to win a lawsuit for damages due to negligence or some other wrong, it is essential to plead proximate cause in the complaint and to prove in trial that the negligent act of the defendant was the proximate cause of the damages to the plaintiff. Sometimes there is an intervening cause which comes between the original negligence of the defendant and the injured plaintiff, which will either reduce the amount of responsibility or, if this intervening cause is the substantial reason for the injury, then the defendant will not be liable at all. In criminal law, the defendant's act must have been the proximate cause of the death of a victim to prove murder or manslaughter.
What is an ‘intervening cause’?
An intervening cause comes between one act or failure to act which alters the natural and continuous series of events that follows. When an intervening cause is present, the natural chain of events have been changed due to the subsequent act of another, the initial person may be relieved of the responsibility for an injury that is produced. In the example provided for proximate cause, the act of the stranger picking up the glass bottle and throwing it through the window is an intervening cause. The responsibility for injury to the man is shifted and the stranger's act becomes the intervening cause of the man's injury.
This article was written by the Atlanta Accident Attorneys.
Wednesday, September 10, 2008
Legal Definitions: Letter C
Capital Gain / Loss: the profit or loss, as the case may be, from the sale of an asset – such as your home. Ordinarily, but not always, capital gain will be taxed
Cause of Action: a specific claim for which a plaintiff seeks compensation
Caveat Emptor: Latin meaning “buyer beware”, idea that the buyer is taking full responsibility for the conditions and terms before purchasing
Certified Copy: also known as “certified true copy”, this is a document signed as being a true copy of the original
Certify: to testify in writing
Class Action Lawsuit: is where two or more plaintiffs bring a case against another
Conflict of Interest: when an individual or organization has interests that might compromise their reliability
Consideration: is the thing, usually money, which you pay, under a contract, in exchange for getting something else
Contract: is a legal agreement entered into between two or more persons, known as “parties to the contract”, whereby an offer is made and accepted
Counsel: A lawyer or attornel also known as legal representative
Creditor: a person that you owe money
These terms are brought to you by the Atlanta Accident Attorneys.
Cause of Action: a specific claim for which a plaintiff seeks compensation
Caveat Emptor: Latin meaning “buyer beware”, idea that the buyer is taking full responsibility for the conditions and terms before purchasing
Certified Copy: also known as “certified true copy”, this is a document signed as being a true copy of the original
Certify: to testify in writing
Class Action Lawsuit: is where two or more plaintiffs bring a case against another
Conflict of Interest: when an individual or organization has interests that might compromise their reliability
Consideration: is the thing, usually money, which you pay, under a contract, in exchange for getting something else
Contract: is a legal agreement entered into between two or more persons, known as “parties to the contract”, whereby an offer is made and accepted
Counsel: A lawyer or attornel also known as legal representative
Creditor: a person that you owe money
These terms are brought to you by the Atlanta Accident Attorneys.
Monday, August 11, 2008
Basic legal terms: Letters A & B
Adjournment: is a temporary postponement to a case
Affidavit: a formal sworn statement of fact signed by a declarant and witnessed by a taker of oaths
Appeal: a request made to a higher court to overturn the judgment of a lower court
Award: a decision, usually by an arbitrator, in favor of a plaintiff or defendant, as the case may be
Bail: money paid to the court to guarantee the defendant’s court attendance at a later date.
Money paid is more commonly known as a bail bond
Bankruptcy: a process governed by federal law where a person cannot pay bills when due and payable – chapter 7 and chapter 13 bankruptcy actions
Beneficiary: natural person or legal entity in a will or insurance policy. A beneficiary may also be the equitable named person under a trust, where the legal owner is the trustee
Brief: a legal document that sets out the legal arguments in a lawsuit. It is a written legal document used in various legal presented to a court arguing why the party to the case should prevail.
Burden of Proof : the responsibility of proving a disputed charge or allegation.
These terms are brought to you by the Atlanta Accident Attorneys.
Affidavit: a formal sworn statement of fact signed by a declarant and witnessed by a taker of oaths
Appeal: a request made to a higher court to overturn the judgment of a lower court
Award: a decision, usually by an arbitrator, in favor of a plaintiff or defendant, as the case may be
Bail: money paid to the court to guarantee the defendant’s court attendance at a later date.
Money paid is more commonly known as a bail bond
Bankruptcy: a process governed by federal law where a person cannot pay bills when due and payable – chapter 7 and chapter 13 bankruptcy actions
Beneficiary: natural person or legal entity in a will or insurance policy. A beneficiary may also be the equitable named person under a trust, where the legal owner is the trustee
Brief: a legal document that sets out the legal arguments in a lawsuit. It is a written legal document used in various legal presented to a court arguing why the party to the case should prevail.
Burden of Proof : the responsibility of proving a disputed charge or allegation.
These terms are brought to you by the Atlanta Accident Attorneys.
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