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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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