Admission. "Admission" has more than one meaning in the law. There are the admissions or confessions we see on the television crime shows. In civil cases, defendants make formal admission when "Answering" a "Complaint." Any party in a civil lawsuit makes admissions when answering Requests for Admissions. In evidence law, if a party to the lawsuit said something that hurts their case, it is an "admission" that the jury can hear about.

Arbitration. Arbitration is a process to decide cases. Instead of a trial with a jury or judge, a single arbitrator or a panel of three arbitrators makes the decision. Some arbitrations are binding, which means the decision of the arbitrator is final. Sometimes it is nonbinding, and either side can insist on a trial. In Multnomah County, Oregon, cases in which less than $50,000 is at stake must first go through a non-binding arbitration process.

Affirmative Defense. An affirmative defense is a formal statement disclaiming responsibility because of a particular reason. For example, if the claim was not filed on time, that could be an affirmative defense (statute of limitation).

Aggravation. Sometimes, insurance companies will try to talk people out of making claims because they already have an injury or disability. For example, if you already have a back injury, the insurance company will often try to pooh-pooh your claim that the car or truck accident made it worse. But, the aggravation -- or making worse -- of a preexisting condition is a claim in Oregon.

Answer. The answer is the formal paper or "pleading" a defendant submits to the court that responds to the complaint. In the answer, the defendant is supposed to admit what is true and deny what it disputes. This way the pleadings define and limit the issues for trial. Often the answer will contain "affirmative defenses."

Causation or cause. To win almost any civil lawsuit, a plaintiff has to prove three basic things: liability, causation, and damages. Liability is established when someone did something legally wrong. Causation answers the question, so what? If a motorist runs a red light at 3:00 a.m. and does not hurt anyone, then no one can sue him in civil court. If the motorist runs a red light and collides with another car, then the person who was damaged can sue. The legal wrong of running the red light CAUSED the collision and damages.

Medical cases often involve complex questions of causation. For example, did the car accident cause the back pain or did something else? Did breast implants cause autoimmune disorders or would the woman have suffered from them even without the breast implants?

Circumstantial Evidence. There are two types of evidence, direct and circumstantial. Direct evidence includes eyewitness testimony: "I saw the dog walk across the yard." Circumstantial evidence is a chain of circumstances that tends to prove or disprove something. For example, dog tracks in the snow might prove that a dog walked across the yard.

Comparative Fault / Contributory Negligence. One defense to personal injury claims is to say that the accident / injury was the fault of the injured party. "It's your own fault." In Oregon, the jury compares the fault of the plaintiff and the defendant. If the injured person is more than 50% at fault, then she receives no money. Washington and other states have a different system. Even if the injured person were 90% at fault, she could still recover for the 10% caused by the other person. In Oregon, if the injured person is 50% at fault or less, then the amount of the award (damages) are reduced by the percentage of her own fault. For example, if a jury finds that the injured person is 30% at fault and the damages are $100,000, then the net award is $70,000.

Complaint. The formal document, or "pleading," that starts the lawsuit. The Complaint alleges the facts and claims that the plaintiff intends to prove at trial. If a claim is not listed in the Complaint, then it is not part of the lawsuit.

Conservator. Conservators are appointed by the court to prosecute civil actions on behalf of someone who cannot represent themselves, such as children or people who are mentally disabled. Conservators differ from "Guardians Ad Litem" in that they may prosecute the lawsuit in the conservator's name (instead of the child's name) and may settle the claim without court approval.

Damages or Monetary Damages. "Damages" refers to the amount of money awarded for legally recognized harms. There are three types of damages in Oregon, economic damages, noneconomic damages, and punitive damages, which are described elsewhere in this dictionary.

Deposition. A deposition is a form of questions answered under oath. Although, technically, depositions can be in written form, the term most often refers to oral questions and answers in front of a court reporter. The Oregon Rules of Civil Procedure control who can ask the questions, when and, generally, about what topics. Most often depositions occur in a conference room with the lawyers for all parties, and a court reporter. Sometimes the parties to the lawsuit show up, and, sometimes, a videographer records the proceedings.

Discovery / Discovery Phase. In civil lawsuits, each side may ask the other side for information. Parties may ask for documents, E-mails, data, and other items. Parties are also allowed depositions. This is the "discovery phase" of the lawsuit, which is in between the pleading phase and the trial.

Discretionary Immunity / Discretionary Function. In claims against public bodies or government agencies, it is a defense that what you are suing about was a "discretionary function." The theory is that school districts, states, cities, etc. have limited budgets and should not be second-guessed about policy decisions. What is or is not a "discretionary function" is often the subject of the lawsuit. The general guidance, is the discretionary decision must be made a relatively high level and involve some public policy, not a low-level, routine decision.

Discrimination. The word discrimination has legal and nonlegal meanings. In Oregon employment law, it means that the employee was fired, not hired, or suffered a difference in the terms of employment for an unlawful reason. Some of the illegal reasons most people know: race, sex, color, national origin, religion, age (young and old), filing a workers' compensation claim, injury on the job, disability, etc. Oregon law also protects employees from discrimination because of certain whistle blowing or other protected activities. For example, workers in nursing homes cannot be fired because they report bad care or abuse.

"Disparate treatment" means intentional discrimination against an employee: treating him or her differently.

"Disparate impact" refers to discrimination that might not be intentional. For example, if a corporation decides to cut costs by firing the top ten most highly paid employees but that means firing everyone over age 50, then the firings had the effect of discriminating against older workers, whether or not the employer intended to discriminate based upon age.

Economic Damages. In Oregon, economic damages include items such as medical bills, lost wages, damage to a car or truck, the cost of hiring someone to help around the house, and other "objectively verifiable monetary losses." Economic damages contrasts with "noneconomic damages," defined below. Other items of economic damages include lost earning capacity (what a person could have earned if she had not been injured); cost of wheel chairs or home modifications necessary to cope with the injuries, shortened work life, and just about anything else we can put a price tag on.

Expert witness or expert opinion. Some cases are straightforward: any member of the jury can understand that if you drive too fast while talking on the cell phone, you are risking a collision. Other cases are beyond of the experience of the jury. For example, in medical malpractice cases, a plumber or secretary on the jury might not know what a doctor should do under the circumstances. When specialized knowledge will assist the jury, then a witness who has the appropriate knowledge, training, skill, education or experience may testify as an expert. For some cases, including legal malpractice or medical malpractice, one almost always needs an expert witness. For other cases, an expert witness is helpful, but not absolutely necessary.

Guardian ad litem. A guardian ad litem is authorized by the court to make litigation decisions on behalf of someone who cannot represent themselves, such as children or people who are mentally disabled. Guardians ad litem have less authority than a "conservator." Guardians may not settle without court approval or make binding decisions on certain choices of remedies. Also, guardians must pursue the lawsuit in the name of the child or other protected person instead of their own names.

Harassment or hostile work environment. Harassment is one form of employment discrimination. But just because you work with or for a jerk does not mean you have a legal claim for harassment or hostile work environment. The harassment has to be for an unlawful reason, such as picking on someone because of her gender, his age, race, disability or other protected reason. If your boss is a jerk to everyone or just to people who do not like his sports team, that does not add up to a claim. An employer has an obligation to look into any complaints of harassment and take immediate and appropriate corrective action. So, if your coworkers are harassing you, you need to let management know.

Hearsay. Technically, "hearsay" is an out of court statement offered to prove the truth of the matter asserted. Unless one of dozens of exceptions applies, a party may not present hearsay to a jury. In plainer terms, hearsay is a matter of fairness. As a general rule, a party needs to confront the evidence used against him so he has a chance to undercut it. For example, it would be unfair to allow Sally to testify that, "Joe said he saw the defendant punch Sam." Defendant would have no chance to determine if Joe was in a position to see the punch. The hearsay rules would prevent the jury from hearing Sally's testimony of what Joe told her. Joe needs to come to court and testify personally to the jury.

On the other hand, some "out of court statements" are considered reliable, and it would be unfair to keep the evidence out. For example, in business litigation, it is sometimes important to present business records to the jury. Technically, a record of what a company spent on something is an out of court statement - not made in front of the jury. However, there is an exception for business records kept in the ordinary course of business made by someone in the know. That's just one example of many exceptions that allow "hearsay" to be considered by the jury.

Independent Medical Examination, a/k/a IME, a/k/a Defense Medical Examination, a/k/a DME, a/k/a Baloney. In lawsuits or insurance claims for physical, bodily injury, insurance companies have an obligation to pay for medical conditions caused by a car accident (or slip and fall, or other causes). Sometimes it is your own insurance company that is supposed to pay under personal injury protection (PIP) part of your auto insurance policy. Sometimes the demand for a Defense Medical Exam comes from insurance company for the guy who caused the collision or the grocery store that did not bother to clean up the catsup spilled on aisle 5.

The insurance adjuster or defense lawyer will send the injured person to a doctor of its choosing for a medical evaluation. Defense lawyers and insurance companies will use the same few "doctors" who always pooh-pooh the claims. It's a scandal. We know in advance what many of these so-called doctors will say: "The patient should have recovered by now, so any further treatment is unnecessary." Or, "there is no physical basis for her feelings of pain; it must be in her head." UNDER NO CIRCUMSTANCES SHOULD YOU SUBMIT TO A SO-CALLED INDEPENDENT MEDICAL EXAMINATION, unless you first contact a lawyer to make sure you are protected to the maximum extent possible. Typically, there is only one purpose for an "independent medical examination," and that is to cut off your benefits. Even though you are honest, some of these "doctors" are not.

Impeach or impeachment. This refers to undercutting the testimony or evidence of the other side. There are many ways to undercut evidence, including showing that person has a bias or a personal interest in the outcome of the case. Other ways include showing that the witness made an honest mistake or, simply, lied.

Interrogatories. When a lawsuit is in federal court, not Oregon state courts, the parties may ask the other side to answer formal written questions. These are called interrogatories. Interrogatories can be useful to understand and limit the claims and evidence that may be presented later in court. Also, they can be abusive and costly. I'm glad Oregon state courts do not allow interrogatories.

Legal malpractice or negligence. Legal malpractice is merely a special form the negligence claim. The difference is in the first of the three parts of the claim. A person must show that her lawyer failed to act as a reasonably prudent lawyer practicing in the same or similar circumstances in the same or similar community.

Liable or liability. To win almost any civil lawsuit, a plaintiff has to prove three basic things, liability, causation, and damages. Liability is established when someone did something legally wrong.

Loss of Consortium. Oregon law recognizes that spouses are a team. An injury to one spouse affects the other spouse. If the wife needs spinal surgery, a diskectomy, for example, then she cannot do the things she used to do around the house. Consequently, the husband has more chores. She cannot join her husband for fun activities, like hiking, bowling, or even a drive from Portland to Hood River, Oregon. Also, and injured spouse might not be able to enjoy intimacy. Those are a few examples of the loss of "society, companionship or support," which is what the jury is told to consider when it puts a dollar value on a claim for "loss of consortium."

Mediation. Mediation is another name for a settlement conference. Both sides agree to meet at a specific time and place. A mediator - or go-between - talks to both sides and tries to work out an agreement to settle. Anything you say to the mediator is confidential and cannot be used in the lawsuit. The mediator has no power to decide the case. He or she only has the power to persuade the parties that it makes sense to settle as compared to risking a trial.

Medical malpractice or negligence. Medical malpractice is just a special form of the negligence claim. The difference is in the first of the three parts of the claim. A person must show that her doctor failed to act as a reasonably prudent doctor practicing in the same or similar circumstances in the same or similar community. 99% of the time, a plaintiff needs expert opinion on what doctors should do when confronted with situation that the defendant doctor faced.

Motion. When a lawyer asks a judge to do something, generally, it is a motion. "I move the court to strike a defense," for example.

Motion to Dismiss. In civil case the plaintiff makes claims, and the defendant asserts defenses. A plaintiff's lawyer can ask the judge to dismiss a defense, for a number of reasons. Similarly, the defense can move to dismiss claims. An example of a reason for a motion to dismiss is that the claim or defense has no basis in law.

Motion to make more definite and certain. In civil cases, papers called pleadings define the issues for the jury. Oregon's pleading rules differ from those of just about every other state. We have to plead facts, not just general legal theories. It's a great system, because it can limit the "baloney" that lawyers sometimes dish out. For example, a defendant might allege, "the truck collision was the other person's fault." In Oregon, we have a right to more specifics. "What did she do wrong? Are you saying she drove too fast? Violated another of the rules of the road? What is your allegation that we need to confront and defeat?"

Motion for Summary Judgment. See, Summary Judgment, below.

Motion in limine. Before a trial starts, either party can ask the judge to rule in advance that the other side may not offer certain evidence or make certain arguments. For example, while convictions for a crime can sometimes be used to impeach a witness, if the conviction happened too long ago, then it cannot be mentioned to the jury. Asking the judge in advance to keep out material that is not admissible will prevent the other lawyer from making mischief by mentioning it in front of the jury.

Negligence. Negligence has legal and nonlegal meanings. In the law, to win a claim for negligence, a plaintiff must prove that (1) the defendant did something that a reasonably careful person would not have done, or failed to do something that a reasonably careful person would have done, (2) it was foreseeable that the action or inaction could cause injury, and (3) the action or failure to act caused injury or damage. So, for example, a reasonable person would not drive a car way over the speed limit around a blind corner in the wrong lane. It is foreseeable that cutting the corner could cause a car accident. If a crash actually happens, then there is a negligence claim because all three parts of the claim exist.

Noneconomic damages. Noneconomic damages cannot be translated directly into dollars, unlike economic damages. Noneconomic damages are subjective nonmonetary losses. They include, emotional distress, pain, humiliation, inconvenience and interference with normal and usual activities, and other things that are real impacts of an injury but difficult to put precise dollar values on.

Pediatric Law. Pediatric Law is a term I invented in 1999. It describes the practice of representing injured or abused children and their families. Compared to claims for adults, there are many additional issues to consider when children are hurt. Some of the issues are strategic. Who should be the legal conservator or guardian ad litem: one parent, both parents, or someone else? Some issues are evidentiary: how do you prove the lost earning capacity of someone who has never worked? Some issues are practical: what happens to the money? Does some of it go the parents? How is the rest handled? Each family is different, so the answers to all of the above questions, and dozens others, require individual attention by someone who has thought about these issues for over a decade.

Personal Injury Protection or PIP . Oregon law requires car insurance polices to have personal injury protection policies. This covers your own medical bills up to the policy limit if you are hurt in a car accident, even if you are at fault. It is a no-fault provision. For more information, see the Oregon PIP page

Plaintiff. Plaintiff is the label we put on the person who filed the lawsuit and who is alleging that defendant owes him or her money.

Pleadings. Pleadings formally define the claims and defenses that are at issue before the court. If an issue is not raised in the pleadings, then that issue is not relevant and not part of the case. The plaintiff asserts a "complaint" and the defense may assert an "answer." In addition, the defense may assert "affirmative defenses," "counter claims," and "third-party claims." In response to affirmative defenses or counterclaims, a plaintiff may then file a "Reply." So, in Oregon, the basic pleadings are the (1) Complaint, (2) Answer and Affirmative Defenses, and (3) Reply.

Policy Limits or Insurance Policy Limits. Your insurance, whether it is insurance for automobiles, SUVs, boats, snowmobiles, or home, is controlled by the insurance contract. The insurance company limits what it must pay by writing limits into the contract. Generally, a person can pay higher premiums to get more insurance coverage. For example, a motor vehicle policy in Oregon might have a limit of $15,000 for personal injury protection, $100,000 for liability coverage, and $100,000 for underinsured or uninsured motorist coverage. That means if, for example, you cause a car accident and render the other driver a paraplegic, the insurance company (in this example) need only pay $100,000 to the other driver and you will be responsible to pay the rest.

Product Liability. Oregon law makes those who manufacture, sell, and lease dangerous products responsible to pay for the injuries or damages caused by the bad products. Even a perfectly manufactured product can be dangerous if the seller failed to properly instruct in the use of the product or provide sufficient warnings. Products can also be dangerous because of a flawed design, or problems arising because of testing, manufacturing, inspection or other reasons. Examples of product liability cases would include an off-road bicycle that breaks under the stress of riding on trails, a crib with pinch points that can strangle a baby, or baby carriers that allow the baby to slip out and fall.

Punitive Damages. Oregon's law of punitive damages differs from that of other jurisdictions. First, a complaint cannot ask for punitive damages without a judge's approval. So, even if a drunk driver caused you to be in a wheelchair, you cannot ask for punitive damages without first convincing a judge that the other driver "acted with malice or has shown a reckless and outrageous indifference to a highly unreasonable risk of harm and has acted with a conscious indifference to the health, safety and welfare of others." Oregon law specifies who gets any the money a jury awards for punitive damages: 60% goes to the State of Oregon, up to 20% to the lawyer, and the remaining 20% to the injured person.

Relevant evidence. Testimony, paperwork, electronic evidence or physical things that make it more likely that something alleged in the case happened or did not happen.

Request for Admissions. In Oregon civil lawsuits, either side can formally ask, in writing, that the other side answer certain questions "yes or no." The idea is that if certain issues really are not in dispute, then let's get rid of the issue and not waste time during a trial. For example, in a car accident case, if someone ran a red light, the injured person could ask the bad driver to admit she or he ran the red light. Then the trial can proceed on any disputed issues, such as the dollar value of the injury or loss.

Request for Production of Documents or Things. In Oregon civil lawsuits, each side may ask the other side to produce paperwork, E-mail, or other things that might lead to admissible evidence. In this stage of the lawsuit, the papers or things need not be strictly relevant, so long as they could lead the other side to relevant evidence.

Summary Judgment or Motion for Summary Judgment. Although we have a constitutional right to trial by jury, a judge can throw out a claim or a defense for certain reasons. One reason to throw out a claim or defense is if there is no evidence to support it. For example, in clam for hostile work environment, sometimes, defendants charge that the woman, in effect, "asked for it" by engaging in sexual banter with her coworkers. If that is not true, plaintiff can ask the judge to dismiss that defense. If no coworkers will testify that she ever did anything to encourage misconduct by her coworkers, then a judge can dismiss the charge for lack of evidence.

Tort Claims Notice. Before you may sue a public body or government agency for in "tort," you must send them notice. Torts include everything from car accidents to medical malpractice. If you have a contract claim against the government, then you do not have to provide the notice.

Tort claims notice can be a pitfall, because the time deadline is short and strict. For adults, if you do not provide tort claims notice within 180 days, then you lose your right to sue. Injured children have 270 days to provide notice. So, even though your negligence lawsuit has a two-year statute of limitations, if you do not timely provide notice, then two year SOL does not matter if your claim is against a city, the state, a school district, Oregon Health Sciences University, or another government agency. Your right to sue might end on day 181 instead of day 731. For more information, see ORS 30.275 or contact a lawyer for more details.

Underinsured Motorist Coverage. Oregon insurance law requires insurance companies to provide "underinsured motorist coverage." But it's tricky. Underinsurance means that two things must exist: (1) the dollar value of your injury or loss ("damages") must exceed the other motorist's insurance policy limits, and (2) your own insurance policy must provide for more coverage than the other motorist's policy. So, (a) if the person who crashed into you had $25,000 and (b) if your insurance coverage and damages both exceed $25,000, then your own insurance company must pay the additional amount of damages up to your policy limit.

Uninsured Motorist Coverage. Oregon insurance law requires all motor vehicle policies to cover people from the risk of being hit by an uninsured driver. So, even if the guy who hit you is a total loser and drug addict with no insurance, you still can get money to help with the problems he caused. Your own insurance company "stands in the shoes" of the guy who hit you. This means that you still have to prove that the collision was more his fault than yours. You will need to prove the amount of your loss, which is the total of your economic damages plus your noneconomic damages.

Unlawful employment practice. Oregon employment law prohibits employers from doing many things, which are defined as unlawful employment practices. Discrimination, hostile work environment, termination for filing workers' compensation claims, and many other prohibited acts are called, officially, "unlawful employment practices."

Wrongful Death. "Wrongful death" refers to the statutory right of certain family members to sue for the death of their loved ones. The reasons for the lawsuit are the same as personal injury lawsuits, whether it is a car collision, medical malpractice or product liability. It is a separate category because it used to be that there was no right to sue if someone got killed because the dead person was not around to sue! Who can sue varies by state. In Oregon, the court appoints a representative for the people who are entitled to receive money from the lawsuit. Those beneficiaries are the surviving spouse, children, parents, stepchildren, and stepparents. If the dead person were not "domiciled" in Oregon, then the law of his or her domicile would determine if anyone else would be entitled to proceeds from the lawsuit

Wrongful discharge or wrongful termination.In Oregon, these terms refer to the common law (judge-made) claim that firing was illegal for certain reasons. Two general reasons are that she was fired (1) for exercising some important statutory employment right, or (2) because the employee fulfilled some societal duty, such as serving on jury duty. Oregon's legislature has adopted certain claims that used to be "wrongful discharge," making them "unlawful employment practices." In Oregon, an employer does not have to have a good reason -- or any reason -- to fire you, unless you have a union contract or individual contract with a "just cause" provision. So long as the employer does not fire you for an illegal reason, it can let you go, even if you're the best worker for the company.