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.
