[Nolo.com] Predetermined payments established by law to compensate for certain violations. Legal damages are sometimes awarded because it is too difficult to calculate actual damages. www.nolo.com/dictionary/statutory-damages-term.html [GTC] Damages defined by law. [Law.com] the attempt to resolve a dispute through the active participation of a third party (mediator) who strives to find points of agreement and agree on a fair outcome between the parties to the conflict. dictionary.law.com/Default.aspx?selected=1233 [T&S] The process [Law.com] a court order that decides that there are no more substantive issues to be heard and that, therefore, a plea or all means of a complaint can be decided without trial on the basis of certain facts. dictionary.law.com/default.aspx?selected=2063 [T&S] A court order that is decided in favor of a party without a full trial. A summary judgment could deal with separate issues or the dispute as a whole. At Turke & Strauss, we try to reveal the secrecy of legal advice. That`s why we let you know in advance how much something is likely to cost and how long it`s likely to take to complete a project.
While we can`t predict what other parties will do, we can certainly give you the information you need to make an informed decision. With that in mind, we try to leave legal jargon at home, and we`ve created this glossary of legal terms to translate “legal language” into plain English. Let us know if we missed any important terms so we can expand our growing list. [Black`s Law Dictionary] Legal responsibilities and obligations required by civil or tortious acts or contractual conditions. thelawdictionary.org/legal-liability/ [T&S] A scenario that creates a commitment or responsibility for something. Sample sentence: Our liability increased when we couldn`t fix the broken chair, now we have to pay for the client`s back surgery. [Merriam Webster] a lawsuit where many people band together to sue because they all say they were wronged by the same person or group. www.merriam-webster.com/dictionary/class%20action A major lawsuit with many plaintiffs (usually at least 40) who were all harmed in the same way by the defendants. [U.S.
Legal] Request means to indicate a need, requirement or claim, for example: the request for payment or performance under a contract. definitions.uslegal.com/d/demand/ [Terms and Conditions] As a rule, a letter asking another party to pay a certain amount or behave in a certain way. A letter of claim is sometimes sent before a lawsuit is filed. [Black`s Law Dictionary] consultation, discussion or conference on the terms of a draft agreement; the settlement or agreement of the terms of a cash profit, sale or other business transaction. Also the transfer or placing on the market of a negotiable instrument. thelawdictionary.org/negotiation/ [T&S] a process in which the parties to a dispute come together to resolve the dispute. [American Bar Association] Fee transfer laws and rules vary and sometimes require the loser in a legal case to pay the prevailing party`s attorneys` fees and costs. www.americanbar.org/…/fee_shifting.html [Terms and Conditions] A rule or law that requires the losing party to pay the prevailing party`s attorney`s fees. There are many variations of rules and laws on fee passing.
[Black`s Law Dictionary] The act or state of disclosure or exposure. thelawdictionary.org/exposure/ [GTC] Situation that may engage its liability or obligation to pay. Black`s Law Dictionary. HENRY CAMPBELL BLACK, M. A. 1990. [Merriam Webster] an impartial person or group to whom the disputing parties give the power to resolve their dispute – compare mediator. www.merriam-webster.com/dictionary/arbitrator [T&S] The person responsible for resolving the dispute in arbitration (mini-hearing). [Black`s Law Dictionary] The designation given by the defendant to the claim or cause of action against the plaintiff.
thelawdictionary.org/counterclaim/ [T&S] An action brought by the defendant against the plaintiff. `ADR can be defined as including all procedures for the resolution of disputes permitted by law other than disputes. Although this definition is widely used, ADR proponents may reject it on the grounds that it privileges litigation by giving the impression that litigation is the normal or standard dispute resolution procedure, whereas alternative procedures are deviant or different. This impression is false. Litigation is a relatively rare method of resolving disputes. Alternative processes, especially negotiation processes, are used much more frequently. Even disputes involving lawyers are much more often resolved through negotiation than litigation. ADR is therefore not defined as litigation, but as litigation, because litigation is the norm. Litigation is not the norm. ADR is defined as anything but litigation because litigation is legally the standard dispute resolution process. [Black`s Law Dictionary] A legal controversy.
A dispute before a court of law for the purpose of enforcing a right. thelawdictionary.org/litigation/ dispute [T&S] is the process of participation in the dispute. In practice, advocacy often does not mean so much “mutual gratification” as “mutual recognition” of the strengths or weaknesses of the prosecution and defence in the context of overcrowded courts and criminal trials. Plea hearings usually take place before trial, but in some jurisdictions they can take place at any time before the verdict is pronounced. It is also often negotiated after a trial that resulted in a hanged jury: the parties can negotiate a plea instead of going through another procedure. (“ADR”) [Cornell University School of Law] Any method of dispute resolution other than a dispute. www.law.cornell.edu/wex/alternative_dispute_resolution [T&S] A dispute resolution procedure outside of filing a claim. ADR regularly includes mediation and/or arbitration. [Law.com] a court requirement that lawyers (and sometimes their clients) “meet and deliberate” to try to resolve the case or at least identify points of conflict before certain types of motions and/or motions are heard by the judge. dictionary.law.com/Default.aspx?selected=1235 [T&S] [Black`s Law Dictionary] An investigation and disposition of a matter or disagreement between the parties to the dispute by one or more informal persons chosen by the parties and referred to as “arbitrators” or “arbitrators”. thelawdictionary.org/arbitration/ [T&S] Dispute resolution procedure outside of court proceedings, which usually involves a mini-procedure.
Arbitration has many elements of litigation, but it is often less formal, less expensive and takes less time. The Center for Public Policy Dispute Resolution at the University of Texas School of Law contains useful information and links specific to Texas. Oral arguments are usually held over the telephone or in the prosecutor`s office in the courtroom. Judges are not involved, except in very rare cases. The pleas accepted by the judge are then “recorded in the file” in open court. The defendant must be present. According to Stephen J. Ware, Alternative Dispute Resolution § 1.5, pp. 5-6 (2001), to discuss or arrange a sale or transaction; organize the preparatory work of a commercial transaction. Also to sell or discount negotiable paper or to assign or transfer it by making available and delivering.
Palmer v. Ferry, 6 Gray (Mass.) 420; Newport Nat. Board of Education, 114 Ky. 87, 70 pp. W.ISO: Odell v. Clyde, 23 Misc. Rep. 734, 53 N. Y. Supp.
01; Blakistou v. Dudley, 5 Duer, N.Y. 377. Powered by Black`s Law Dictionary, Free 2nd ed., and The Law Dictionary. Plea bargaining actually covers three areas of negotiation: In addition, the advocacy cap is not as simple as it seems at first glance.