Glossary of Car Accidents Law Terms
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Legal
Glossaries Index
Damages:
Compensation recovered in the courts by a person who has suffered
loss, detriment or injury to his/her person, property or rights,
through the unlawful act or negligence of another.
De novo:
"Anew." A trial de novo is a completely new trial held in
a higher or appellate court as if the original trial had never taken
place.
Declamatory judgment:
A judgment that declares the rights of the parties on a question
of law.
Decree: Decision
or order of the court. A final decree completes the suit; an
interlocutory decree is a provisional or preliminary decree which is
not final.
Deductible: The
amount an insured person must pay before the insurance company pays
the remainder of each covered loss, up to the policy limits.
Default: A
failure of a party to respond in a timely manner to a pleading; a
failure to appear for trial.
Defendant: In a
civil case, such as an car accident lawsuit, the defendant is the
person against whom a civil action is brought.
Defense attorney: The
attorney who represents the defendant.
Deposition: Sworn
testimony taken and recorded in an authorized place outside of the
courtroom, according to the rules of the court.
Direct examination:
The questioning of a witness by the party who produced the witness.
Discovery: A
pretrial proceeding where a party to an action may be informed about
(or "discover") the facts known by other parties or
witnesses.
Dismissal with
prejudice: Dismissal of a case by a judge which bars the losing
party from raising the issue again in another lawsuit.
Dismissal without prejudice: The losing party is permitted to
sue again with the same cause of action.
Disposition:
Determination of a charge; termination of any legal action.
Dissent: The
disagreement of one or more judges of a court with the decision of
the majority.
Docket: Book
containing entries of all proceedings in a court.
Due process: Constitutional
guarantee that an accused person receive a fair and impartial trial.
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