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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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