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N
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.
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.
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.
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