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capacity defense. Broadly, describes a defendant's lack of some
fundamental ability to be held accountable.
causation. The act by which an effect is produced. See also "legal cause"
and "proximate cause."
cause of action. Fact or facts that give someone the right to seek a
remedy through the court because the facts of the case apply to a certain law
sought to be enforced.
certiorari. (Latin: "To be informed of.") Writ issued by a superior or
higher court to a lower court requiring the lower court to produce a certified
record of a case tried there so that the superior court can examine the lower
court proceedings for errors. See record.
civil action. Action brought to enforce private rights. Generally, all
actions except criminal actions.
civil law. Body of law concerned with private rights and remedies, as
contrasted with criminal law. Compare with criminal law.
class action. A means by which one or more individuals are able to sue
for themselves and as representatives of other people. A class action requires:
an identifiable group of people with a well-defined interest in the facts and
law of the suit; too many people in the group for it to be practical to bring
them all before the court; and the individuals bringing suit are able to
adequately represent the entire group.
collateral source rule. The rule ensures that compensation awarded to a
plaintiff in a lawsuit will not be reduced if the plaintiff receives
compensation for the same injury from another source, such as insurance. Under
the rule, a defendant tort-feasor is unable to benefit from the fact that the
plaintiff received money from another source, such as insurance, because of the
defendant's tort.
complaint. In the legal sense, the document a plaintiff files with the
court which contains allegations and damages sought. A complaint generally
starts a lawsuit.
circumstantial evidence. Evidence not based on actual personal knowledge
or observation of the fact in dispute, but, rather, evidence of other personal
knowledge or observation which allows a jury to infer the existence or
nonexistence of the fact in dispute. An example of direct evidence of who was at
fault for a car accident would be a witness who actually saw the accident. An
example of circumstantial evidence in this case, would be a witness who drove by
after the impact and saw the defendant's car in the wrong lane.
common law. Law deriving its authority from usage and customs or
judgments of courts recognizing and enforcing such usages and customs.
Generally, law made by judges rather than by legislatures.
comparative negligence. Comparing the plaintiff's contributory negligence
to the defendant's negligence.
contingent fee agreement. An agreement between an attorney and his or her
client whereby the attorney agrees to represent the client for a percentage of
the amount recovered. This fee agreement is frequently used in personal injury
actions.
contributory negligence. Broadly, carelessness on the plaintiff's part.
More precisely, conduct which falls below the standard of care established by
law for the protection of one's self against unreasonable risk of harm.
counterclaim. Claim brought by a defendant in a lawsuit against the
plaintiff.
court. Refers to a specific court, such as The Supreme Court of the
United States, or may also refer to a judge.
court reporter. The person who stenographically records and transcribes
testimony during court proceedings or related proceedings such as depositions.
criminal law. Criminal law declares what conduct is criminal and
prescribes punishment to be imposed for criminal conduct. The purpose of
criminal law is to prevent harm to society.
cross claim. Claim brought by a defendant in a lawsuit against a
co-defendant in the lawsuit.
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