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Click
on the first letter of the word from the list
above to go to the appropriate section of the
glossary.
- N -
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
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