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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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