The Bouchard Law Firm

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Adjudication: The final order, pronouncement or judgment of a court or tribunal.
Adjuster: An employee or agent of an insurance company who handles a casualty claim.
Admission: A statement or confession by a party to a lawsuit acknowledging that certain facts which may be against his interests are true.
Affirmation Defense: A written defense to a lawsuit which does not formally deny certain allegations in a complaint, but asserts that the plaintiff is not entitled to judgment based upon legal or equitable principles, even if the allegations are true.
Allegation: A statement or declaration of fact that a party expects to prove, generally set out in a pleading (complaint).
Amortization: Repayment of loan by installment payments. As the payments are made, the debt is reduced so that at the end of fixed period or term, no money will be owed.
Appraisal: A report made by a qualified person as to the value of a property as of a given date.
Arbitration: The process through which a controversy is submitted to an impartial person called an arbitrator, to resolve a dispute outside the court system.
Attorney: One licensed to practice law under state rules (admitted to the bar); an agent appointed to act in place of another; an advocate.

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Breach Of Contract: Failure, without legal excuse, to perform a duty required under contract.
Broker: The person who, for a commission or a fee, brings parties together and assists in negotiating contracts between them.
Burden Of Proof: The duty of a moving party to establish an allegation or principal issue in a civil or criminal complaint, generally either by the greater weight of the evidence, or beyond a reasonable doubt.

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Carrier: One engaged in the transportation of goods or freight; an insurance company.
Case Law: Reported court decisions forming the body of jurisprudence.
Cause Of Action: A claim which will support a valid lawsuit; the lawsuit itself.
Chambers: A judge's private office, where a hearing can be conducted.
Civil Action: A lawsuit outside the criminal justice system, seeking redress or an award of a damage for a civil wrong.
Civil Procedure: The rules that regulate practice before a civil court.
Claim: A asserted right to money, property or relief.
Claimant: A party asserting or presenting a claim.
Clerk Of Court: An officer of the court who has clerical duties, including record keeping, filling and making certified copies.
Code: A compilation or collection of laws and statutes.
Commitment: An agreement, frequently in writing, between a lender and a borrower to loan money at a future date, subject to certain conditions.
Comparative Negligence: The doctrine providing that any award for injury caused by a defendant is reduced proportionately by the plaintiff's relative degree of negligence.
Complaint: The initial pleading filed in a lawsuit by the plaintiff setting out the facts upon which the claim is based.
Conclusion Of Fact: The inference drawn by a jury or the decider of fact based upon the evidence.
Confidential Communication: A communication not intended to be disclosed to third parties, as between a lawyer and client.
Consideration: Something of real value given in return for performance or the promise of performance, which induces a party to make an agreement or enter into a binding contract.
Contingency Fee: A fee paid to an attorney conditioned a successful recovery in a negligence claim, based on a percentage of the recovery.
Contributory Negligence: The doctrine under which one cannot recover for personal injury when one's own negligence contributed to the cause of the injury. This doctrine has by and large been replaced with the doctrine of comparative negligence.
Costs: Expenses incurred in the prosecution of a lawsuit, including filing fees, deposition expenses and witness fees.
Counterclaim: A claim filed by the defendant against a plaintiff as part of defendant's response to a lawsuit.
Court: Subject to state or federal law, in distinction to limited or special jurisdiction courts which can hear only a defined class or type of case.
Court Calendar: The schedule of cases pending before the court.
Court Order: Any judgment or order of any court of appropriate jurisdiction.
Cross-Examination: The questioning of a witness at a trial or deposition by the adverse party.

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Damages: Monetary compensation awarded to a party injured as a result of a breach of contract or a negligent act; the injury sustained due to misfeasance, negligence or breach of contract.
Default Judgment: A judgment against a defendant who has failed to respond or otherwise appear in a lawsuit.
Defendant: In a civil proceeding, the party being sued, in criminal proceedings, the accused.
Deponent: A witness who gives testimony under oath at a deposition; an affiant.
Deposition: The giving of testimony and cross-examination of witness before trial. Ordinarily a deposition is stenographically transcribed and recorded for later use.
Discovery: Various pre-trial procedures including depositions, interrogatories and requests for production, whereby parties obtain evidence to be used at trial.
Dismiss: To reject a claim or suit temporarily, or permanently without further hearing or consideration through an order of dismissal.

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Evidence: Any type of proof presented at trial which has the effect or tendency to affirm or disaffirm the existence of a fact. Evidence is the means by which some fact in question is established or disapproved. Evidence includes oral testimony and every other known means available to establish the truth or falsity of a disputed question of fact.
Expert Witness: Witness with specialized training or experience who is permitted to render opinion testimony in a legal proceeding.

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Fiduciary: A person in a position of confidence who has the duty to act responsibly with respect to another's money or property; a trustee; one acting in a fiduciary capacity or relationship.

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Good Faith: The general requirement to deal honestly with others and not seek to gain unfair advantage or to defraud another party, especially in the context of business transactions or contracts.
Gross Negligence: A negligent act committed with a conscious indifference to the consequences thereof willfully or wantonly.
Guarantor: A person or entity who agrees in writing to pay the indebtedness of another.

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Hearsay: An out of court statement which is neither an admission or a declaration against interest. Hearsay evidence is generally not admissible in a judicial proceeding.
Hidden Defect: A defect in property or goods which is not readily detectable, that causes injury to a third party.
Hostile Witness: An adverse witness or opposing party who is known to offer prejudicial evidence as a result of such adverse interest or bias.

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Impleader: A procedure whereby a third party may be brought into a lawsuit by a defendant who is being sued by a plaintiff.
Indemnity: The right of a person who has discharged a duty which should have been discharged by another to collect reimbursement from the party who should have discharged the obligation.
Injunction: An order or writ issuing from a court compelling a party to perform or refrain from performing certain acts.
Interrogatories: Written questions served on a party to a lawsuit to be answered under oath as part of pre-trial discovery.
Irrelevant: Not material. Irrelevancy forms the basis of an objection to the introduction of evidence asserting that the proposed evidence is not connected to the issue being decided.
Issue: A point of controversy in a lawsuit; all persons descended from a common ancestor.

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Judgment: A final determination by a court; the official decision of the court.Jurisdiction; The power and authority of a court to hear and determine a case.
Jurisprudence: The collective legal s>ystem including case law; the philosophy of law.; A person selected to serve on a jury who has taken an oath to follow the law as enunciated by the judge.
Jury: An impartial group summoned and sworn to decide disputed issues of facts at a trial.

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Latent Defect: A defect in a product or premises that is not readily observable or discoverable even with the exercise of ordinary care.
Lay Witness: Any witness not testifying as an expert. Lay witnesses ordinarily cannot render an opinion as to the ultimate issue in the case and can only testify as to what they heard and saw.
Leading Question: A question which suggests to the witness the expected answer. Leading questions are ordinarily improper and are objected to at trial.
Liability: The duty, obligation or responsibility arising by virtue of a contract or a tort (act of negligence).
Libel: A false defamatory statement which is written or printed and published or communicated to others.
Litigation: A judicial proceeding in which the rights, duties and obligations of parties are determined.

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Motion: An application to the court for an order.

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Negligence: Failure to exercise the degree of care ordinarily expected from a reasonably prudent person under the same circumstances.
Negligence Per Se: An error, omission, or act in violation of a rule of law or statute which is presumed to be proof of negligence.
No-Fault Insurance: A type of automobile insurance often required by statute, whereby one's own insurance company pays the medical bills or expenses incurred by their insured irrespective of fault.
Notary Public: A public officer who administers oaths, certifies documents, and performs certain other official acts, such as solemnizing a marriage.

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Objection: A request to the court to determine that a line of questioning, procedure, or evidence is improper and should not be received by the court.
Of Counsel: An attorney assisting in the preparation or management of a case, but who is not the primary attorney of record.
Open Court: A court that is actively engaged in the administration of justice; before the judge.
Opening Statement: Outline of anticipated proof delivered to the jury at the beginning of a trial.
Operation Of Law: A right or entitlement arising under the law and not as a result of agreement.
Opinion: The stated reason for a court's judgment, finding or conclusion; the court's decision or judgment.
Order: A directive from the court disposing of a matter collateral to the main action, or adjudicating the matter itself, in which case it is a "final order".
Order To Show Cause: A directive from the court instructing a party to appear before it and demonstrate why such party took or failed to take an action and why a penalty should not be assessed against such party.
Out-Of-Pocket Expenses: Costs necessarily incurred to prosecute a civil case or to protect rights or property pending a court's determination.
Overrule: To find an objection raised to be invalid; to overturn or invalidate a prior decision or holding.

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Pain And Suffering: An element of non-economic damages to which the plaintiff may be entitled if injured as the result of the wrongdoing of another.
Paralegal: An individual trained to perform a variety of legal tasks but who is not authorized to practice law.
Party: A plaintiff or defendant in a judicial proceeding; person or entity that has entered into a contract.
Perjury: The willful making of a false statement under oath which constitutes a criminal offense.
Person: A natural or artificial being created under law, such as a corporation.
Personal Property: Movable property not attached to realty; chattels.
Plaintiff: The party who initiates a lawsuit.
Pleadings: The allegations contained in a complaint and answer; the complaint/answer or petition/response.
Power of Attorney: A written instrument by which a principal appoints another to act as his or her agent and authorizes the agent to perform certain acts.
Precedent: A rule of law established in earlier court decisions, that will generally be followed by other courts.
Preponderance Of Evidence: The greater weight of the evidence; the general standard of proof required to prevail in a civil case.
Prima Facie Case: A case in which sufficient evidence has been submitted to allow a jury or judge to make a final determination unless overcome and contradicted by other evidence.
Product Liability: An area of law dealing with the liability of manufacturers or sellers of goods that cause damage or injury to consumers.
Proximate Cause: That which in natural sequence produces an injury.
Punitive Damages: Damages awarded to punish a party who committed a wrongful act rather than to compensate an injured party for actual damages; exemplary damages.

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Quantum Meruit: The equitable value of the goods or services in question. The doctrine of quantum meruit allows a plaintiff to recover the reasonable value of goods or services provided to another who has derived a benefit and not paid for such benefit.
Question Of Fact: A factual issue submitted to the jury or to the judge in a bench trial for determination.
Question Of Law: A disputed legal issue presented for judicial determination.

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Real Property: Land, and whatever grows on or is affixed to it.
Reasonable Care: That degree of care that would ordinarily be exercised by a reasonably prudent person under similar circumstances.
Reasonable Time: That period of time which is ordinarily acceptable under the circumstances to respond or take some action.
Rebuttal: Argument or evidence presented by an attorney in response to statements, claims, arguments, or evidence of an opposing party.
Recess: A temporary adjournment or suspension of court proceedings.
Record: A transcript, or papers transmitted from lower court to an appellate court upon which the appellate court decides the appeal.
Release: A written document evidencing the satisfaction of a debt; the giving up of some right, claim or interest.
Relevancy: The test applied to the quality of evidence to determine whether it is competent to prove a fact in issue.
Relief: Assistance or redress at the hands of the court.
Remedy: Recourse at law to recover damages or enforce a legal right.
Reply: A response to a pleading that has raised a new matter as a defense.
Representative: One who acts for another with permission; an agent.
Res Ipsa Loquiter: The thing speaks for itself. The Doctrine of Res Ipsa allows negligence to be inferred by virtue of the fact that an accident happened, e.g., a sponge found in the body of a patient after surgery.
Res Judicata: A thing decided. The doctrine stating that a matter that has already been judicially determined is conclusive and is not subject to re-litigation.
Rescind: To cancel or nullify a contract, either mutually or unilaterally.
Retainer: An initial or advanced payment to an attorney for services to be performed; the act of employing an attorney.
Right of Way: A right of crossing or passage over the land of another; the strip of land on which the right of way is located.
Risk of Loss: A provision in a contract identifying the party who bears the risk of damage or destruction of property during its transfer from seller to buyer.

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Sanction: To order punishment or penalties for violation of a rule of law or procedure, or the penalty for such violation.
Satisfaction: A document evidencing release or discharge of an obligation such as a mortgage.
Secured Transaction: Any transaction which is intended to create a security interest or lien in personal property or fixtures.
Side-Bar: An area of the courtroom out of the hearing range of the jury and witnesses, where the judge and attorneys can hold brief conferences.
Small Claims Court: A court of limited jurisdiction that hears and tries claims involving lesser sums of money.
Specific Performance: A remedy available to an injured party when the remedy at law is inadequate, whereby a defendant may be required to perform under the terms of a contract instead of paying money damages.
Standard Of Care: That which a reasonably prudent person would do under the same circumstances. Failure to comply with the standard of care will render a party liable for damages to an injured party.
Standing: The right to present and prosecute a claim; standing is ordinarily dependent on having sustained a direct injury.
Statute: An act, code or rule enacted by the legislature and adopted as law.
Statute Of Frauds: The requirement that certain types of contracts be in writing to be enforceable. Examples of such contracts include; contracts for the purchase or sale of land and agreements which by their terms cannot be performed within one year.
Statute Of Limitations: A statute that fixes the time within which a lawsuit on a claim must be filed, and beyond which, it will be forever barred.
Stipulation: A voluntary agreement on an issue of fact or procedure reached between parties in a lawsuit.
Subordination Agreement: An agreement establishing the priority of payment of claims, whereby a creditor may agree that claims of other creditors are discharged before payment is made to the subordinated creditor.
Suit: Any judicial proceeding in which a remedy is sought.
Summary Judgment: A judgment issued by the court before trial based upon a finding that there are no disputed issues of fact and that the applicable law compels a certain result.
Summation: The closing argument of the parties.
Summons: A document issued by the clerk of the court requiring an appearance or answer to be filed by the defendant under penalty of having judgment entered or an arrest warrant issued.

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Testate: Having a valid will.
Testator/Testatrix: Male or female who makes or has a will.
Testimony: Statement by a witness or a party made under oath in a legal proceeding or deposition.
Third-Party Beneficiary: A person who receives an intended or incidental benefit by virtue of a contract to which he or she is not a party and for which he or she has paid no consideration.
Time is of the Essence: A contract term that fixes the time of performance and establishes such time as being critical, so that failure to perform within such time will constitute a default.
Tort: A private or civil wrong that results in an injury; a breach of the duty of care causing damage; a negligent act.
Trade Name: The name under which a person does business, and which identifies the business.
Trespass: Wrongful interference with the use of the property of another.
Trial Court: A court of original jurisdiction which hears and tries a lawsuit.
Trust: An entity or method through which assets can be held for distribution to beneficiaries at a later date.
Trustee: A duly authorized agent or fiduciary who holds title to property for the benefit of another person; the administrator of a trust.

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Uniform Commercial Code: A compilation of laws governing commercial transactions.
Usury: The wrongful charging of interest at a rate which exceeds that allowed by statute. Usury may constitute a crime under state law depending on the rate of interest charged.

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Vacate: To void or set aside a judgment or order.
Variance: A modification of zoning ordinance regulations to permit the use of property in a manner otherwise forbidden, when such variance will not be contrary to the public interest.
Venue: The place of trial; one of several places where a trial may properly be conducted.
Verdict: The opinion and findings of a jury as reported to the court.
Verification: An affidavit, oath or deposition attesting to the accuracy of a statement contained in a document.
Void: Having no legal force; null.
Voidable: Capable of being rendered void or annulled.
Voir Dire: The process of examination of prospective jurors by the court or attorneys to determine their qualification for jury service and to uncover any biases or conflicts of interest.

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Warranty: A promise to perform, make good, repair or indemnify the promissee for a loss incurred in the event a represented fact proves to be untrue; a promise that a fact is true.
Warranty Deed: A deed which warrants and guarantees that the title being transferred is free and clear of all encumbrances.
Weight Of The Evidence: The balance of the greater amount of credible evidence.
Will: A dispositive document prepared by or at the direction of a testator of sufficient testamentary capacity, indicating how property is to be disposed of as of the date of death.
Willful: Intentional; intending the result which comes to pass.
With Prejudice: A phrase used in orders of judgments indicating that an action or claim has been irrevocably dismissed and the only available remedy thereafter is an appeal.

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