LEGAL ENGLISH II

sue sued, suing, sues

To initiate or pursue legal proceedings against another party.

SUIT - An action.

reckless

preliminary issue

Points in limine = In limine is a hearing on a specific legal point, which takes place before the actual case referred, can be heard. It is a process that addresses the technical legal points, which are raised prior to getting into the merits of the case, and relates to matters of jurisdiction.

Standing, or locus standi, is capacity of a party to bring suit in court. State laws define standing. At the heart of these statutes is the requirement that plaintiffs have sustained or will sustain direct injury or harm and that this harm is redressable.

1. Direct examination / Examination in chief >> >> facts about the case from plaintiff or witness interviewd by the own laywer

2. Cross-examination >> Barrister of the claimant interview the plaintiff / wittness

3. Re-Examination >> Just if the other lawer managed to put the own witness in a "bad light"

credibility

judicial discretion = richterliches Ermessen , the judge has the power to decide

official discretion = amtliche Schweigepflicht

to evidence

to give evidence = bezeugen

to challenge evidence = die Beweisführung anfechten

Witness

to imply

I don't mean to imply that = Ich will damit nicht sagen, dass ...

reliable {adj}

zuverlässig

Objection

to overrule

to sustain a verdict = ein Urteil stützen

to sustain a will = ein Testament als gültig aufrechterhalten

to testify

testimony = Zeugenaussage

eyewitness testimony = Augenzeugenbericht

false testimony = Falschaussage

procedure

appeal procedure = Rechtsmittelverfahren

bias / prejudice

Negotiation is a dialogue between two or more people or parties intended to reach a understanding, resolve points of difference, to gain advantage for an individual or collective, or to craft outcomes to satisfy various interests.

Mediation, as used in law, is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.

Arbitration The process by which the parties to a dispute submit their differences to the judgment of an impartial person or group appointed by mutual consent or statutory provision.The Arbitrator has the power to impose binding judgments on the parties. It is more formal and confronting, but less formal than a trial and the rules of evidence are often relaxed.

ADR has been increasingly used internationally, both alongside and integrated formally into
legal systems, in order to capitalise on the typical advantages of ADR over litigation:
1. Suitability for multi-party disputes
2. Flexibility of procedure - the process is determined and controlled by the parties to the
dispute
3. Lower costs
4. Less complexity ("less is more")
5. Parties choice of neutral third party (and therefore expertise in area of dispute) to
direct negotiations/adjudicate
6. Likelihood and speed of settlements
7. Practical solutions tailored to parties’ interests and needs (not rights and wants, as they
may perceive them)
8. Durability of agreements
9. Confidentiality
10. The preservation of relationships and the preservation of reputations

duty of care

A duty of care is a legal obligation imposed on an individual requiring adherence to a standard of reasonable care while performing acts likely to harm others.  Duty of care is the first element that must be established to proceed with an action in negligence.

Plaintiff / Claimant

***

"appellant" and "respondent" = In case, the parties are appealing court or administrative board judgment to higher court

"applicant" and "respondent" = in case of interpretation of a contract or question on the ownership of property or land. 

Obiter dictum

damage

defendant

Holding

Ruling

damages

special damages = quantifizierbarer Schadenersatz

Special damages are based on measurable dollar amounts of actual loss, while general damages are for intangible losses

Case citation

Torts negligence

intentional torts

An intentional tort occurs if the defendant intended for the physical consequences to happen or knew or should have known that the intended consequences were likely to happen because of his/her conduct.

negligence

Every person is responsible for injury to the person or property of another, caused by his or her negligence. Negligence is the failure to use reasonable care. Negligence may consist of action or inaction.

Claim

issue

mitigate

duty of mitigate

A person who claims damages as a result of another's negligence or breach of contract has a duty under the law to "mitigate" those damages, so that they must take advantage of any reasonable opportunity under the circumstances to reduce or minimize the loss or damage.

Volenti non fit injuria

General damages

General damages are those which are traceable to, and are the probable and necessary result of, the injury complained of, or which are presumed by or implied in law to have resulted therefrom.

Personal damages

Personal injury law involves injury which is caused accidentally by another's failure to use reasonable care.

contributory negligence

Contributory negligence is a doctrine of common law that if a person was injured in part due to his/her own negligence  the injured party was barred from recovering any damages (money) from another party who was claimed to have caused the accident.