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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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