Negligence: In its broadest sense,
carelessness. More precisely, conduct which falls below the standard of care
established by law for the protection of others against unreasonable risks of
harm. In order to prevail in a negligence action, the plaintiff must prove, by a
preponderance of the evidence, the following four elements: (1) that the
defendant owed the plaintiff a duty of care; (2) that the defendant breached
that duty; (3) that the defendant's breach of his or her duty of care caused the
plaintiff's injury; (4) that the plaintiff suffered injury.
Negligence per se: Conduct, either by act or omission, that may be
declared and treated as negligence without argument or proof of negligence,
usually because the conduct violates a statute. A finding of negligence per se
satisfies the plaintiff's burden of proof that the defendant's conduct was
negligent. However, the burden remains on the plaintiff to establish that his
injuries were proximately caused by the statutory violation.
Next Friend: One acting without formal
appointment as guardian for the benefit of an infant, a person of unsound mind
not judicially declared incompetent, or other person under some disability.
Nisi Decree: Interim decree or order that
will eventually become final unless something changes or an event takes place.
Nonfeasance: Failure to perform some act
which should have been performed.
No Bill: This phrase, endorsed by a grand
jury on the written indictment submitted to it for its approval, means that the
evidence was found insufficient to indict.
No-Contest Clause: Language in a will that
provides that a person who makes a legal challenge to the will's validity will
be disinherited.
No-Fault Proceedings: A civil case in
which parties may resolve their dispute without a formal finding of error or
fault.
Non-Jury Trial or Bench Trial: Trial
before a judge and without a jury. In a bench trial, the judge decides questions
of law and questions of fact.
Non-Moving Party: The party to a lawsuit
that is not presenting a motion to the court. A non-moving party may or may not
contest or oppose the motion. Compare with moving party.
Nolle Prosequi: Decision by a prosecutor
not to go forward with charging a crime. It translates "I do not choose to
prosecute." Also loosely called nolle pros.
Nolo Contendere: A plea of no contest. In
many jurisdictions, it is an expression that the matter will not be contested,
but without an admission of guilt. In other jurisdictions, it is an admission of
the charges and is equivalent to a guilty plea.
Notice: Formal notification to the party
that has been sued in a civil case of the fact that the lawsuit has been filed.
Also, any form of notification of a legal proceeding.
Nuisance: An unreasonable or unlawful use of one’s real estate that
results in injures to another or interferes with another person’s use of his
real property.
Nunc Pro Tunc: A legal phrase applied to
acts which are allowed after the time when they should be done, with a
retroactive effect.
Nuncupative Will: An oral (unwritten)
will.
