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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.
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