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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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