Negligence actions are civil cases as opposed to criminal cases when suing for damages based on a variety of different types of injury.

The injured person, called the Plaintiff, must be able to establish that the Defendant had a duty to the Plaintiff or the injured party or to the general public, that the Defendant's action the Defendant's failure to act was not the type of action that a reasonably prudent person would have committed and that the damages were either directly or proximately caused the injuries to the Plaintiff.

At Hyatt Legal Services, it is our objective to prepare each element of each case in order to maximize recovery. At such time that it is established that the defendant owed a duty of care to the Plaintiff the issue of if a duty was breached must be resolved. There are different standards that have to be taken into account in order to make these determinations. A Defendant who with knowledge subjects a Plaintiff to a certain Lavel of risk of loss may be found to breach that duty. The defendant who does not conduct his or her actions that conforms to the standard that any reasonable person in a similar situation could have realized may also breach that duty.

The actual breach of duty is not limited to professional persons or experts by that duty attaches to all persons how perform conduct in the similar class. All members of that class have a duty to perform reasonable care toward others and their personal and real property. A person who becomes involved with conduct that poses an unreasonable risk toward other persons and their personal or real property which actually results in harm may be found to breach their duty of reasonable care that is owed.

Hyatt legal services has gained experienced in representing Plaintiffs in auto accident cases for over forty years. Hyatt legal services has also represented Plaintiffs in dog bite cases and slip and fall cases.

Warranty - Legal promise that certain facts are true hyatt legal services.

Third-Individual Claim - Claim by a person other than the plaintiff or defendant.

Time served - Period of time already served in custody before conviction.

Title - Legal ownership of property.

Tort - Injury, such as physical injury or loss of property inflicted on another. A tort is not founded on a contract between the parties.

Battery - Wrongful touching of a person.

Survivorship - Joint tenancy, by that one owner inherits property because he or she has survived all other owners.

interlock program - In Maryland, a driver may be required, or may choose, to participate in an interlock program. In the interlock program a device is connected to your car's ignition. At intervals, you are required to blow into the device. If your breath indicates a blood alcohol content of 0.25 or greater, your car's engine will not start. If it is running during the test, the engine will shut off. In either case, the failure will be reported to the MVA and may trigger additional sanctions.

Best Evidence - The best form of the piece of evidence available. An original document or photograph is ordinarily the best evidence, but if the original is not available, a copy may be admitted into evidence.

Best Evidence Rule - Rule requiring parties to produce the original photograph, recording, or writing when attempting to prove the contents of that photograph, recording, or writing. Duplicates may be admissible in place of then original so long as there is no genuine question about the authenticity of the original. The original will not be required if it is lost or destroyed, if the original is not closely related to the controlling issue or issues in the case, if it cannot be obtained through a subpoena, or if it is in the possession of an opposing party.

Infraction - A violation of law not punishable by incarceration. Minor traffic offenses are generally considered infractions.

Inheritance Tax - A state tax on property that a beneficiary or heir inherits from a deceased person's estate. The heir or beneficiary pays this tax.

Patent - A government grant giving an inventor the exclusive right to sell or make his or her invention for a term of years.

Penalty Assessment - Procedure in which traffic offender is allowed to mail in a fine or plead guilty by mail. Points may be assessed against the person's driving record for traffic assessment offenses.

Peremptory Challenge - The right to challenge a judge or prospective juror without assigning a reason for the challenge.

Perjury - The criminal offense of making a false statement under oath hyatt legal services. interlock program - In Maryland, a driver may choose or may be required to participate in an interlock program. In the interlock program a device is connected to your car's ignition. At intervals, you are required to blow into the device. If your breath indicates a blood alcohol content of 0.25 or greater, your car's engine will not start. If it is running during the test, the engine will shut off. In either case, the failure will be reported to the MVA and may trigger additional sanctions.

Extradition - Surrender by one state to another of a person accused or convicted convicted of an offense outside its own territory and within territorial jurisdiction of the other, with the other state which is competent to try him her, demanding his her surrender.

Extrinsic - Foreign, from outside sources.

law of the case ~ a ruling made at trial and not objected to

Family Allowance - A small amount of money set aside from the estate of the deceased person to provide for the surviving family members during the administration of the estate.

Felony – A crime that allows a defendant to be imprisoned for more than one year if found guilty.

Inspectorial Search - An entry into and examination of premises or vehicles by an inspector in order to identify and correct conditions dangerous to health or safety hyatt legal services.

Instructions - Judge’s explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case.

Intangible assets - Non physical items that have value, such as pension benefits, stock certificates, bank accounts, and bonds. Intangible assets must be taken into account in estate planning and divorce.

Interlocutory - Provisional; not final. An interlocutory appeal or an interlocutory order concerns only a part of the issues raised in a lawsuit.

Interpleader - An action in which a third person asks the Court to determine the rights of others to property held but not owned by the parties.

Fruit of the Crime - Property acquired by means of and in consequence of the commission of a crime, and sometimes constituting the subject matter of the crime.

Fruit of the Poisonous Tree - Evidence obtained through an illegal search or interrogation.

Permanent Injunction - A court order requiring that some action be taken or that an individual refrain from taking action for an indefinite period.

Personal Jurisdiction - Power which a court has over a defendant.

Per Se Law - In the Motor Vehicle Code, the per se crime is driving with a blood alcohol level of zero point zero eight percent or greater, as established through a valid testing procedure. No proof is required to show that the defendant was under the influence since a law concludes that driving with a blood alcohol content BAC of zero point zero eight or greater is driving while intoxicated. DWI can be proved by other evidence even if a defendant’s BAC is less than zero zero eight.

Final Order - An order that ends the lawsuit between the parties, resolves the merits of the case, and leaves nothing to be done but enforcement.

Finding - Formal conclusion by a judge or regulatory agency on issues of fact. Also, a conclusion by a jury regarding a fact.

First Appearance - The initial appearance of an arrested person before a judge to determine whether or not there is probable cause for his her arrest. Generally, the person is brought before a judge within hours of arrest. hyatt legal services

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Foundation - Preliminary questions to a witness to establish admissibility of evidence; laying a foundation for admissibility.

Fraud - Intentional deception to deprive another person of property or to injure that person in some way.

Fruit of the Crime - Property acquired by means and in consequence of the commission of the crime, and sometimes constituting the subject matter of the crime.

Fruit of the Poisonous Tree – Evidence obtained through an illegal search or interrogation.

unsatisfactory close of probation - This is like a general discharge from the military. It carries no penalty but it is not really an endorsement.

Fiduciary - A person having a legal relationship of trust and confidence to another and having a duty to act primarily for the other's benefit: a trustee, guardian, or executor.

Pre-Sentence Report - A report designed to assist the judge in passing sentence on a convicted defendant. Such reports should contain at least the following: complete description of the situation surrounding the criminal activity; offender's educational background; offender's employment background; offender's social history; residence history of the offender; offender's medical history; information about environment to which the offender will return; information about any resources available to assist the offender; probation officer's view of the offender's motivations and ambitions; full description of the offender's criminal record.

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Initial Appearance ~ In criminal law, the hearing at which a judge determines whether there is sufficient evidence against a person charged with a crime to hold him her for trial. The Constitution bans secret proceedings, so initial appearances are public unless a defendant asks otherwise the suspect must be present, though he she usually does not offer evidence. Also called first appearance.

Injunction - Writ or order by a court prohibiting a specific action from being carried out by a person or group. A preliminary injunction is granted provisionally, until a full hearing can be held to determine if it should be made permanent.

Fruit of the Crime - Property acquired by means and in consequence of a commission of a certain crime, and sometimes constituting the subject matter of the crime.

Fruit of the Poisonous Tree - Evidence obtained through an illegal search or interrogation. hyatt legal services

Permanent Injunction - A court order requiring that some action be taken or that some individual refrain from taking action for an indefinite period.

Personal Jurisdiction - Power which a court has over the defendant's person and which a court must have before it can enter a judgment affecting the defendant's rights.

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File - To place a paper in the official custody of the clerk of court court administrator to enter into the files or records of a case.

Filed in Open Court - Court documents entered into the file in court during legal proceedings hyatt legal services.

Interlocutory - Provisional; not final. An interlocutory order or an interlocutory appeal concerns only a part of the issues raised in a lawsuit.

Interpleader - An action in which a third person asks the Court to determine the rights of others to property held but not owned by the third person.

Interrogatories - Written questions asked by one individual in a lawsuit for which the opposing individual must provide written answers.

Subpoena –Process commanding a witness to appear and give testimony at a certain time and in a certain place hyatt legal services.

Subpoena Duces Tecum - Court order commanding a witness to bring specified documents or records to court.

Bond surety - Certificate to secure the appearance in court of the criminal defendant in a case.

Booking - The photographing, fingerprinting and recording identifying data of a suspect after arrest.

Statute of Limitations - Time within which a plaintiff must begin a lawsuit in civil cases or a prosecutor must bring charges in criminal cases. Different statutes of limitations at both the federal and state levels apply to different kinds of lawsuits or crimes.

Statutory Construction – Interpretation of the meaning and scope of statutes.

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Bench - Seat occupied by a judge, also, the court itself.

Bench Trial - Trial in which the judge rather than a jury decides the facts.

law of the case - a ruling made at trial and not challenged on appeal

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Sua Sponte - On one’s own behalf without any prompting or suggestion.

Subject Matter Jurisdiction – Authorization for a court to hear the type of case that is before it. A municipal court has subject matter jurisdiction in cases involving violation of that municipality's ordinances, but not over felonies.

Statutory Law –Law enacted by the legislative branch of government, as distinguished from common law or judge-made case law.

Stay - Court order temporarily stopping a proceeding.

Stipulation - Agreement by lawyers on both sides of a civil or criminal case as to some aspect of the case

Inspectorial Search - An entry into and examination of premises or vehicles by an inspector for the identification and correction of conditions dangerous to health or safety.

Instructions - Judge's explanation to the jury before it begins deliberations of the questions it must answer and the applicable law governing the case. Also called charge to the jury.

Intangible assets - Nonphysical items that have value, such as stock certificates, bonds, bank accounts, and pension benefits. Intangible assets must be taken into account in estate planning and divorce.

detinue - at common law, an action to recover personal property

Breach - The breaking or violating of the law, duty, or right either by a commission or omission of an act.

Breach of Contract – Failure by one individual to abide by the terms of a contract without lawful excuse.

Beyond a Reasonable Doubt - Moral certainty that every element of a crime has been proven by the prosecution. Not an absence of all doubt, but the absence of all reasonable doubts in the mind or the ordinary person.

Bind over - To hold a person for trial.

Standing - Right to bring a lawsuit.

Stare Decisis –Binding precedent.

Statement - Writing signed by the person

Statute – Law passed by a legislative body declaring rights and duties, or commanding or prohibiting certain conduct hyatt legal services.

Statute of Frauds – Law requiring that certain documents be in writing, such as leases for more than one year or any agreement pertaining to real estate. According to the UCC, contracts for the sale of goods for more than five hundred dollars must be in writing to be enforced.

Strict Liability Statutes – Statutes criminalizing specific conduct in which the actor’s intent is deemed irrelevant. In many jurisdictions, sexual contact between an adult and a child below a certain age is a strict-liability statute, meaning that an honest belief that the minor was older is no defense. In a case of strict liability, the only question for a judge or jury is whether or not the defendant did the prohibited act.

Strike –To exclude evidence that has been improperly offered and will not be relied upon.

Bench Warrant - Order to arrest a person based on his or her failure to obey the court order.

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