Key Legal Terms
Amicus
Antitrust
Brief
Friend of the Court - a brief filed by an interested party giving an
opinion/ information on a case
Unlawful restraints and monopolies or unfair business practices
Contract
Document an attorney prepares on appeal cases - gives history, facts,
legal action, opinion about case presented to an appeals judge
A voluntary act by which one person agrees to allow someone else to
do something
An agreement that identifies rights and obligations
Defendant
Party against whom legal action is brought - “One who must complain”
Deposition
Ostensible
Agency
Plaintiff
Written sworn testimony made before a public officer for a court
action, often as answers to questions posed by a lawyer, used for
discovery of information or evidence for a trial
Pretrial activities to determine what evidence the opposing side will
present if the case comes to trial, discovery may include depositions,
written interrogatories, and the inspection and copying of documents
One who has special training, experience, skill, and knowledge in a
relevant area and whose testimony and opinion may be considered as
evidence
Any wrong or damage done to another, either to his/her personal rights,
property
A rule of evidence that restricts the admissibility of evidence that is not
the personal knowledge of the witness
A part of the discovery process in which written questions are given to
the opposing parties in a lawsuit to get written facts and answers given
under oath to questions put forth
An obligation one has incurred or might incur through any act or
failure to act
A trial in court to determine legal issues and the rights and duties
between the parties to the litigation
Professional misconduct, improper discharge of professional duties or a
failure to meet the standard of care by a professional that results in
harm to another
Failure to act as an ordinary prudent person, conduct contrary to that of
a reasonable person under specific circumstances
Responsibility or liability for another because of the appearance of
control
Party bringing legal action “One who complains”
Prima Facie
So far as can be judged on the first appearance
Consent
Discovery
Expert Witness
Harm or Injury
Hearsay Rule
Interrogatories
Liability
Litigation
Malpractice
Negligence
Res Ipsa Loquitur “The thing speaks for itself” - When trying to establish the
“reasonableness of care,” some things are so obvious that on their face,
they are clear proof
8/2012
Stare Decisis
“The thing has already been decided” - You can’t go back once the
case has been decided and add new defendants
“Let the master answer” - The employer is responsible for the legal
consequences of the acts of the employee while s/he acts within the
scope of his/her employment; the employer may be temporary or have
“borrowed” the employee and thus becomes liable for the actions of the
“borrowed servant” - in the case of the surgeon and the OR staff, the
physician is considered the captain of the ship
To abide by the decided cases
Tort
A civil harm
Voir dire
“To look and say,” the plaintiff has the ability to review the hearing
panel to determine conflict of interest, economic competition
Res Judicata
Respondeat
Superior
8/2012