Comparative Negligence - When both the plaintiff and defendant in an action have contributed to causing the situation at hand. In such instances, the plaintiff’s recovery will be reduced in proportion to the amount of fault he or she exhibited.

Compensatory Damages - The portion of a plaintiff’s recovery that is intended to indemify or pay-back that person for the actual injuries or losses he or she proves were caused by the defendant. A few examples of losses where compensatory damages are recoverable include medical care costs, property damage, lost wages, and out-of-pocket expenses.

Contingency Fee - A contract between a client(s) and his or her attorneys where the attorneys agree to pursue the client’s claim in exchange for an agreed-upon percentage of the money obtained for the client at trial or through a settlement. These contracts are often very beneficial to clients because the attorneys advance all out-of-pocket expenses, and the client has no financial obligation to the attorneys should they not recover money for the client.

Defendant - The party to a civil claim who is being sued for the injuries or losses they caused another person; or the person on trial for committing a crime in a criminal court.

Deposition - This takes place once a case has moved into litigation, and is part of the discovery process. In a deposition, the client or another involved person will be placed under oath and asked questions relating to the lawsuit. It is done outside of court with attorneys from both sides present along with a court reporter who will transcribe all questions and answers in the event that they need to be used later in trial.

Discovery - Usually coming in the forms of interrogatories, depositions, requests for admissions, and requests for productions, this is the mandatory process whereby each party gets to ask the other questions relating to the lawsuit.

Evidence - The information gathered by both parties to prove their arguments, and prepare their cases for trial. Evidence may include medical records, photographs, witness statements, medical test results, and much more.

Interrogatories - Another part of the discovery process, these are written questions prepared by the opposing attorneys that must be answered in writing and returned to the opposing counsel for use in trial.

Liability - Being held legally accountable to another person, or the state or government itself, for the civil or criminal wrongs committed.

Litigation - The act of pursuing a claim for damages or other relief by filing a lawsuit with the civil justice system.

Mediation - An often beneficial tool where both parties and their attorneys are brought together with an impartial referee to discuss the merits of the claim and attempt to reach a settlement agreeable to both parties.

Negligence - Should a person’s carelessness or inaction cause injury to another, that person is considered liable for the injuries and will be responsible for the damages caused.

Pain and Suffering - A form of damages that is non-economic in nature and awards a person for the pain and mental distress they have been forced to suffer due to someone else’s negligence.

Plaintiff - The person or persons instituting civil litigation against someone who has caused them harm.

Premises Liability - A legal principal making a homeowner or property owner legally responsible for injuries or accidents that happen on his or her property.

Product Liability - This holds manufacturers, wholesalers, or retailers legally responsible for any injuries caused by their defective products.

Punitive Damages - Whereas compensatory damages are awarded to pay the injured party back for his actual losses, punitive damages are given in order to punish a reckless or grossly negligent defendant and correct his or her behavior for the future.

Statute of Limitations - The deadline or time limit by which a potential plaintiff must file a civil lawsuit or forever waive the right to do so for that particular matter.

Tort - A tort is a civil wrong or injury resulting from another person’s wrongful or negligent conduct. When committed, the wrongful or negligent party is legally responsible to remedy the situation which is usually by paying various forms of damages.

Criminal Law Terms:

Arraign/Arraignment - To bring a criminal defendant before the court, at which time the charges are presented to him/her, the opportunity to enter a plea (or ask for a continuance to plead) is given, a determination of whether the party has a Lawyer is made (or whether a Lawyer needs to be appointed), if necessary setting the amount of bail, and future appearances are scheduled.

Arrest - To take or hold a suspected criminal with legal authority, as by a law enforcement officer.

Nolo Contendre (No Contest) - Latin for "I will not contest" the charges, which is a plea made by a defendant to a criminal charge, allowing the judge to then find him/her guilty while technically not an admission of guilt for commission of the crime, often called a "plea of no contest.”

Nolle Prosequi - Latin for "we shall no longer prosecute," which is a declaration made to the judge by a prosecutor in a criminal case (or by a plaintiff in a civil lawsuit) either before or during trial, meaning the case against the defendant is being dropped. The statement is an admission that the charges cannot be proved, that evidence has demonstrated either innocence or a fatal flaw in the prosecution's claim or the state attorney has become convinced the accused is innocent.

Probable Cause- Sufficient reason based upon known facts to believe a crime has been committed or that certain property is connected with a crime. Probable cause must exist for a law enforcement officer to make an arrest without a warrant, search without a warrant, or seize property in the belief the items were evidence of a crime.

Search and Seizure - Examination of a person's premises (residence, business or vehicle) by law enforcement officers looking for evidence of the commission of a crime, and the taking (seizure and removal) of articles of evidence (such as controlled narcotics, a pistol, counterfeit bills, a blood-soaked blanket).