Glossary of Legal Terms Pertaining to Litigation
Legal Terms Pertaining to Litigation
Affidavit: A written statement made or taken under oath before an officer of the court (attorney) or a notary public or other individual authorized to act.
Allegation: In legal pleadings, an assertion of fact.
Arbitration: Trial proceeding with one or more arbitrators (malpractice attorney or retired judges) who act in place of a judge or jury, their purpose is to mediate or facilitate a decision in the case.
Attest: To affirm a fact; state the truth.
Defendant: An idividual against whom a lawsuit is brought.
Deposition: A method of pretrial discovery. Statement(s) of a witness under oath, taken in question/answer form as it would in a court proceeding. The purpose is for fact-finding. Plaintiff and Defense lawyers are present and both have the oportunity to question (and cross-examine the witness/deponent).
Discovery: Modern, pre-trial procedure and fact-finding allowing each party to the lawsuit to gain important information concerning the facts of the case. Conducted by the adverse parties, inclulding depositions and written interrogatories
Evidence: All means by which any issues of fact are established or disproved.
Expert Witness: Individual possessing special skills, knowledge, or experience in a specific area and whose opinion testimony is admitted into evidence, supporting either claims or defenses asserted in the court case.
Immunity: Protection from legal claims in a lawsuit.
Interrogatories: A form of pre-trial discovery where written questions are proposed by one party and served on the opposing party; Written replies are certified under oath as being true. Interrogatories may only be served on the parties named in the lawsuit.
Liability: Obligation one has created through any act or failure to act, a responsibility for conduct falling below an expected standard, causing a plaintiff's injury.
Malpractice: Professional misconduct; failure to meet the standard of care by a professional that causes harm to another.
Negligence: Failure to act as an ordinary, prudent person in specific circumstances.
Plaintiff: Individual who brings a civil lawsuit seeking damages or legal relief.
Standard of Care: The conduct that a prudent nurse-midwife with similar education, training, and experience would exhibit in the same or similar circumstances; the standard to which a defendant's conduct is compared in order to prove negligence.
Statute of Limitations: The legal limit on the time a person has to file a lawsuit in civil matters. Measured from the time the wrong or injury was, or should have been, discovered.
Subpoena: A court order compelling the appearance of a witness at a judicial proceeding.1
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Rostant, D. & Cady, R. (1999). Liability issues in perinatal nursing. Lippincott: Philadelphia