Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim according to the degree of negligence each party contributed to the incident. Specifically,...
accidents and injuries
compensatory damages
In tort law, compensatory damages, also known as actual damages, are damages awarded by a court equivalent to the loss a party suffered. If a party’s right was technically violated but they suffered no harm or losses, a court may instead...
complainant
Complainant is a party who initiates a lawsuit in a court of law or an administrative proceeding.
In the context of criminal law, “complainant” refers to a person who alleges that another committed a criminal act against him/her. In...complete defense
A complete defense is a type of affirmative defense that nullifies an entire claim against the defendant. Complete defenses are relevant in both civil lawsuits and criminal proceedings.
Unlike a mitigation defense, which...
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
Overview
The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), codified in 42 U.S.C. Chapter 103, is a large piece of legislation passed in 1980 that gives the Environmental Protection Agency (EPA) the ability to...
compulsory counterclaim
A compulsory counterclaim is a claim made by a defendant against a plaintiff that arises from the same transaction or occurrence as the plaintiff's claim, and which is forfeited if not raised in the same lawsuit. If the defendant fails to...
consent judgment
A consent judgment (also known as a consent decree or a consent order) is a judgment made by a judge with the consent of all the parties. It is not strictly a judgment, but rather a settlement agreement approved by the court. The settlement...
consequential damages
Consequential damages, also called special damages) are a form of remedy that can be claimed by the plaintiff against the defendant for the harm done as a consequence of the defendant's actions. The consequential damages do not necessarily...
constructive
Constructive means something is legally declared, even if not technically true in a given case. Lawmakers and judges can decide to make things constructively true so that the intent of the laws cannot be easily thwarted by a loophole or lack...
consumer expectations test
A consumer expectations test is a standard used for determining if a design defect exists in a products liability tort case. The consumer expectation test imposes a liability on the seller of a product if the product is in a defective...