LEGAL DICTIONARY
Here, we provide a legal dictionary to help you navigate the legal system. We know it can be difficult to understand the various laws and legal descriptions. This glossary is meant to help you understand various terms you might encounter when looking at South Carolina laws and statutes.
- actual damages – see compensatory damages
- appeal – the process of seeking review by a higher court from a final judgment in a lower court
- beyond a reasonable doubt – the burden of proof, the state has, to prove a criminal defendant guilty; a
- claim – a legal entitlement, whether based on tort, contract, or statute
- comparative negligence – the doctrine allowing that plaintiffs recovery the amount of their actual damages less the proportion of those damages that the plaintiff’s own negligence is responsible for. see Comparative Negligence
- compensatory damages – money awarded in a verdict that accounts for losses that stem from the defendant’s actions
- damages – money awarded at the end of a civil case
- demand – a communication between a plaintiff and a potential defendant to ask for payment that the plaintiff believes they are entitled to before a lawsuit is filed
- discovery – the process of fact-finding before a trial
- duty – in negligence, the legal responsibility of an individual to exercise care
- enforcement – after a judgment is rendered, the process of making the defendant pay the judgment
- lawsuit – the process of exercising a legal claim or other entitlement
- mediation – a structured negotiation, that aims to get parties to agree to settlement before trial
Definitions, Continued
- probable cause – a legal standard applied before an officer can make an arrest, before an officer can get a search warrant, and in some other cases
- proximate cause – causation that is recognized by the law for specific purposes
- punitive damages – damages that aim not to make a plaintiff whole, but aim to stop bad conduct, of the defendant and persons like the defendant
- reasonable suspicion – the standard of proof that police officers are held to when briefly detaining individuals; more than a hunch, but less than probable cause; must be based on a specific and articulable set of facts
- remand – when a higher court sends a case down to a lower court after an appeal for further proceedings
- retain – creation of a lawyer-client relationship either for a specific matter or generally
- settlement – an agreement where a party voluntarily releases their right to sue for a specific claim in exchange for another party’s payment of something of value, like money
- sudden emergency – see Common Defenses: Sudden Emergency
- unavoidable accident – see Common Defenses: Avoidable Accident
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