Counts refer to the basis for bringing a case, including each cause of action in civil cases or charge in criminal cases. Lawsuits can involve multiple counts in which someone can be held liable. For example, assault and battery are separate...
mass tort litigation
course of employment
“The course of employment” generally arises when determining whether an injury caused by an accident is compensable under a workers’ compensation system. The accident must “arise out of employment” and occur “in the course of employment.”...
design defect
A design defect means that the product was manufactured correctly, but the defect is inherent in the design of the product itself, which makes the product dangerous to consumers. For example, mechanical defects, which are common in cars and...
direct and proximate cause
Direct and Proximate Cause Definition:
See legal cause.
disclaim
Disclaim, in a legal sense, means to give up a legal claim, obligation or right to something. Rejecting one’s claim to inheritance is an example of when one disclaims.
Disclaim also means to deny responsibility for something. When used in this sense,...
duty
1) Requirement to perform some conduct required by law, custom, morality, or personal commitment. This requirement often created a right in the other that the duty be performed, and a breach of such duty (ex. Fiduciary duty, duty of...
ex delicto
Ex delicto is a catch-all term that refers to the consequences of a tortious action and sometimes a criminal action. Ex delicto is to be contrasted with the other Latin term ex contractu which refers to the consequences from breaching a...
exculpatory clause
An exculpatory clause is part of a contract that prevents one party from holding the other party liable for damages related to the contract. Exculpatory clauses are used quite often in purchases such as the ones included with an amusement...
exemplary damages
Overview
Exemplary damages, better known as punitive damages, refer to extra damages awarded beyond that actually incurred by the plaintiff. Punitive damages are considered punishment or damages intended to dissuade and are typically awarded...
Federal Tort Claims Act
The Federal Tort Claims Act, also known as the FTCA, is a federal statute which authorizes private tort actions against the United States where, if the United States were a private person, it would be liable to the claimant according to the...