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.
Next Friend: One acting without formal appointment as guardian for the
benefit of an infant, a person of unsound mind not judicially declared
incompetent, or other person under some disability.
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.
No Bill: This phrase, endorsed by a grand jury on the written
indictment submitted to it for its approval, means that the evidence was found
insufficient to indict.
No-Contest Clause: Language in a will that provides that a person who
makes a legal challenge to the will's validity will be disinherited.
No-Fault Proceedings: A civil case in which parties may resolve their
dispute without a formal finding of error or fault.
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.
Nolle Prosequi: Decision by a prosecutor not to go forward with
charging a crime. It translates "I do not choose to prosecute." Also
loosely called nolle pros.
Nolo Contendere: A plea of no contest. In many jurisdictions, it is an
expression that the matter will not be contested, but without an admission of
guilt. In other jurisdictions, it is an admission of the charges and is
equivalent to a guilty plea.
Notice: Formal notification to the party that has been sued in a civil
case of the fact that the lawsuit has been filed. Also, any form of notification
of a legal proceeding.
Nuisance: An unreasonable or unlawful use of one’s real estate that
results in injures to another or interferes with another person’s use of his
real property.
Nunc Pro Tunc: A legal phrase applied to acts which are allowed after
the time when they should be done, with a retroactive effect.
Nuncupative Will: An oral (unwritten) will.
