accidents & injuries (tort law)

actuarial tables

Actuarial tables (also called life expectancy tables, mortality tables,and life tables) are statistical tools used by companies, scientists, courts, and government agencies to predict the life expectancy of a person by their age, gender, and...

adequate remedy

An adequate remedy is one that affords complete relief with reference to the particular matter in controversy, and which is appropriate given the circumstances of the case. An adequate remedy has also been described as a remedy that is...

adhesion contract

An adhesion contract, also known as a contract of adhesion, is a contract where the parties are of such disproportionate bargaining power that the party of weaker bargaining power could not have negotiated for variations in the terms of the...

adjuster

An adjuster is an agent who handles insurance related claims commonly commissioned by an insurance company. The adjuster participates in the investigation and settlement of the claim. This agent is helpful, as it is commonly understood that...

affirmative defense

An affirmative defense is a defense in which the defendant introduces evidence, which, if found to be credible, will negate criminal liability or civil liability, even if it is proven that the defendant committed the alleged acts. The party...

aggregation of jurisdictional amount

A party with multiple claims may wish to aggregate them to meet the jurisdictional amount (also known as amount in controversy) requirement for their desired court. The current amount in controversy requirement is $75,000. While this practice...

aleatory

“Aleatory” means that something is dependent on an uncertain event, a chance occurrence. Aleatory is used primarily as a descriptive term for insurance contracts. An aleatory contract is a contract where performance of the promise is...

Alien Tort Statute

The Alien Tort Statute ("ATS"; also known as the Alien Tort Claims Act) is a common name for 28 U.S.C. § 1350. The ATS grants federal district courts original jurisdiction over any civil action where an alien sues for a tort “committed in...

amount in controversy

Amount in controversy refers to the amount of money a plaintiff seeks in a lawsuit. The monetary value of a non-monetary remedy such as an injunction can also be included in the amount in controversy. For a case to be heard in district court...

appellant

Appellant is the party who appeals a lower court's judgment or order to a higher court. The appellant is dissatisfied with the outcome of the proceeding and seeks review by a higher court to overturn or modify the decision. In some courts, it...

Pages