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Contingency fee
Contingency feeA method of payment of legal fees represented by a percentage of an award. Lawyers get paid in one of two ways: either you pay a straight hourly rate as you might pay a plumber or the lawyer might "gamble" and agree to only get paid if the claim is successful and by taking a portion of any award that comes after the filing of the claim. For example, if you go and see a lawyer because, after a medical emergency, your health insurance company refuses to pay your medical bills in violation of their policy, the law firm might say: "no money down. In fact, we don't get paid a cent unless you do. And then, we take one-third off the top of any award you might get." This allows the client to receive legal services without putting any money down and it allows the lawyer to advertise "we don't get paid unless you do." The lawyer associations in some counties prohibit contingency fee arrangements. In those countries that allow them, they are very prevalent in personal injury cases. RELATED TERMS-------------------------------------- Method The mode of operating or the means of attaining an object. Payment 1) Contracts. That which is given to execute what has been promised; or it is the fulfilment of a promise. Solvere dicimus cum quis fecit, quod facere promisit. But though this is the general acceptation of the word, yet by payment is understood, every way by which the creditor is satisfied or ought to be, and the debtor, liberated for example, an accord and satisfaction will operate as a payment. 2) Pleadings. The name of a plea by which the defendant alleges that he has paid the debt claimed in the declaration; this plea must conclude to the country. Legal That which is according to law. It is used in opposition to equitable, as the legal estate is, in the trustee, the equitable estate in the cestui que trust. Fees Compensation. Certain perquisites allowed by law to officers concerned in the administration of justice, or in the performance of duties required by law, as a recompense for their labor and trouble. Award A decision made by a court to compensate a person for something. Rate A public valuation or assessment of every man's estate; or the ascertaining how much tax every one shall pay. Lawyer A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister. Claim A demand for resolution or remedy of a grievance, or for something that is rightly the claimant's. Example: A demand for payment to recover a loss protected by an insurance policy. A demand in a court of law filed by a claimant on any juridical issue he / she considers. Taking 1) English law. The union of securities given at different times, so as to prevent any intermediate purchasers claiming title to redeem, or otherwise discharge one lien, which is prior, without redeeming or discharging other liens also, which are subsequent to his own title. 2) Crim. torts. The act of laying hold upon an article, with or without removing the same; a felonious taking is not sufficient without a carrying away, to constitute the crime of larceny. Portion That part of a parent's estate, or the estate of one standing in loco parentis, which is given to a child. Comes 1) Offices. A Count. An officer during the middle ages, who possessed civil and military authority. 2) Pleading. The word comes, venit, expresses the appearance of the defendant , in court. Example An example is a case put to illustrate a. principle. Health "1) Freedom from pain or sickness; the most perfect state of animal life. It may be defined, the natural agreement and concordant dispositions of the parts of the living body. 2) Public health is an object of the utmost importance and has attracted the attention of the national and state legislatures. Insurance Contracts. It is defined to be a contract of indemnity from loss or damage arising upon an uncertain event. Company An association of a number of individuals for the purpose of carrying on some legitimate business. Violation An act done unlawfully and with force. In the English stat. it is declared to be high treason in any person who shall violate the king's companion; and it is equally high treason in her to suffer willingly such violation. This word has been construed under this statute to mean carnal knowledge. Money Gold, silver, and some other less precious metals, in the progress of civilization and commerce, have become the common standards of value; in order to avoid the delay and inconvenience of regulating their weight and quality whenever passed, the governments of the civilized world have caused them to be manufactured in certain portions, and marked with a Stamp which attests their value; this is called money. Fact An action; a thing done. It is either simple or compound. Cent Money. A copper coin of the United States of the value of ten mills; ten of them are equal to a dime, and one hundred, to one dollar. Each cent is required to contain one hundred and sixty-eight grains. Take This is a technical expression which signifies to be entitled to; as, a devisee will take under the will. To take also signifies to seize, as to take and carry away. Client Practice. One who employs and retains an attorney or counsellor to manage or defend a suit or action in which he is a party, or to advise him about some legal matters. Receive To receive. Voluntarily to take from another what is offered. Without Pleading. This word is adopted in formal traverses, and is a negative signifying "and not for;" accordingly the language of the elder entries sometimes is, It et nemy pur tiel cause. Personal Belonging to the person. Injury Any legal harm, wrong or damage done to a person's body, property, rights or reputation, and that the law recognizes as deserving of redress. Cases General term for an action, cause, suit, or controversy, at law or in equity; questions contested before a court of justice. SIMILAR TERMS-------------------------------------- Contagious disorders Police, Criminal law. Diseases which are capable of being transmitted by mediate or immediate contact. Contemporaneous exposition he construction of a law, made shortly after its enactment, when the reasons for its passage were then fresh in the minds of the judges, is considered as of great weigh. Contempt of court A act of defiance of court authority or dignity. Contempt of court can be direct (swearing at a judge or violence against a court officer) or constructive (disobeying a court order). The punishment for contempt is a fine or a brief stay in jail. Contentious jurisdiction Ecclesiastical law. In those cases where there is an action or judicial process, and it consists in hearing and determining the matter between party and party, it is said there is contentious jurisdiction, in contradistinction to voluntary jurisdiction, which is exercised in matters that require no judicial proceeding, as in taking probate of wills, granting letters of administration, and the like. Contestatio litis Civil law. The joinder of issue in a cause. Contestation The act by which two parties to an action claim the same right, or when one claims a right to a thing which the other denies; a controversy. Contested divorce A divorce where at least one issue has not been settled before court. the court must decide the issue or issues. Context The general series or composition of a law, contract, covenant, or agreement. Contingent What may or may not happen;. what depends upon a doubtful event; as, a contingent debt, which is a debt depending upon some uncertain event. Contingent damages Those given where the issues upon counts to which no demurrer has been filed, are tried, before demurrer to one or more counts in the same declaration has been decided. Contingent estate A contingent estate depends for its effect upon an event which may or may not happen: as an estate limited to a person not in esse or not yet born. Contingent fee An agreement which specifies that the attorney does not get paid unless the client wins the case. this type of arrangement is generally not allowed in divorce and custody cases. Contingent remainder Estates. An estate in remainder which is limited to take effect, either to a dubious and uncertain person, or upon a dubious and uncertain event, by, which no present or particular interest passes to the remainder-man, so that the particular estate may chance to be determined and the remainder never take effect. Contingent use Estates. A use limited in a deed or conveyance of land which may or may not happen to vest, according to the contingency expressed in the limitation of such use. Continual claim English law. When the feoffee of land is prevented from taking possession by fear of menaces or bodily harm, he may make a claim -to the land in the presence of the vares, and if this claim is regularly made once every year and a day, which is then called a continual claim, it preserves to the feoffee his rights, and is equal to a legal entry. Continuance Postponement of a legal proceeding to a later date. Continue The act of postponing a scheduled court hearing to a later time. Continuing consideration A continuing consideration is one which in point of time remains good and binding, although it may have served before to Support a contract. Continuing damages Those which are continued at different times, or which endure from one time to another. Contra Over; against; opposite to anything: as, such a case lays down a certain principle; such other case, contra. Contra bonos mores (United Kingdom) Contrary to good morals. Contra pacem Pleadings. Against the peace. Contra proferentem A rule premised on the belief that if a party is able to stipulate terms, or is the party who writes the contract, then implicitly he occupies the stronger position. To redress the imbalance between the parties, contra proferentem holds that the interpretation that favours the other party will be chosen. Contraband (jail) In the US penitentiary jargon, it includes illegal items, explosives, deadly weapons, drugs, controlled substances, and any item that is controlled, limited or prohibited on the grounds or within the secure perimeter of a correctional facility. Contract A negotiated oral or written agreement setting forth the terms for an exchange of value between parties (which may be individuals or companies) and under which each party promises to perform an obligation. Certain terms, such as the obligations to be performed and the terms for setting price or compensation must be mutually understood, known in legal lingo as a "meeting of the minds," and promised to by the parties to form a legal contract. Contract law The specific area of the legal profession dealing with contracts. Contract makes the law The law aids the vigilant; forces no one to do a vain, useless, or impossible thing; injures no one -- never works and injury; does nothing in vain; regards not trifles; regards equity; always gives a remedy; speaks to all with one mouth -- is no respecter of persons. What is just and right is the law of laws. Contracted-out An employer can contract out of the state pension scheme by means of an occupational pension scheme. There are strict rules reLating to occupational pension schemes generally and contracting-out. Benefits under a contracted-out scheme must be at least as good as benefits and such schemes must ensure a "guaranteed minimum pension". An occupational pension scheme need not be contracted out. Occupational pension schemes set up by smaller companies are often insured - whereby an insurance company takes over all responsibilities in return for a premium. Contraction An abbreviation; a mode of writing or printing by which some of the letters of a word are omitted. Contractor One who enters into a contract this term is usually applied to persons who undertake to do public work, or the work for a company or corporation on a large scale, at a certain fixed price, or to furnish goods to another at a fixed or ascertained price. Contrafaction Criminal law. Counterfeiting, imitating. In the French law contrafaction (contrefacon) is the illegal reprinting of a took for which the author or his assignee has a copyriglit, to the prejudice of the latter. Contravention French law. An act which violates the law, a treaty or an agreement which the party has made. Contrectation The ability to be removed. Contrefacon French law. Counterfeit. This is a bookseller's term, which signifies the offence of those who print or cause to be printed, without lawful authority, a book of which the author or his assigns have a copyright. Contribution Civil law. A partition by which the creditors of an insolvent debtor divide, among themselves the proceeds of his property, proportionably to the amount of their respective credits. Contribution between joint tortfeasors Where a plaintiff has recovered 100% from tortfeasor-A and there were one or more other defendants at fault, then tortfeasor-A could receive a contribution from the other defendant(s) for their proportionate fault of the damages sustained by the plaintiff in proportion to their fault. Contributions Public law. Taxes or money contributed to the support of the government. Contributory negligence When both parties to a claim for damages arising from tort were at fault, neither party recovered anything. This was the historic common law rule, where even a plaintiff who was only 1% at fault could not collect from the defendant who may have been 99% at fault. It was a very harsh doctrine based on a very strict moral rule of causation that the plaintiff should not profit from his own fault. Contributory negligence, has been replaced in most legal systems by proportionate fault/comparative fault. Controllers Officers who are appointed, to examine the accounts of other officers. Controver Obsolete. One who invents false news. Controversy A dispute arising between two or more persons. Contubernium Civil law. As among the Romans, slaves had no civil state, their marriages, although valid according to natural law, when contr acted with the consent of their masters, and when there was no legal bar to them, yet were without civil effects; they having none except what arose from natural law; a marriage of this kind was called contubernium. It was so called whether both or only one of the parties was a slave. Contumacy Civil law. The refusal or neglect of a party accused to appear and answer to a charge preferred against him in a court of justice. This word is derived from the Latin contumacia, disobedience. Contumax Civil law. One accused of a crime who refuses to appear and answer to the charge. An outlaw. Contusion Medical jurisprudence. An injury or lesion, arising from the shock of a body with a large surface, which presents no loss of substance, and no apparent wound. PREVIOUS AND NEXT TERMS-------------------------------------- Contentious jurisdiction Ecclesiastical law. In those cases where there is an action or judicial process, and it consists in hearing and determining the matter between party and party, it is said there is contentious jurisdiction, in contradistinction to voluntary jurisdiction, which is exercised in matters that require no judicial proceeding, as in taking probate of wills, granting letters of administration, and the like. Contestatio litis Civil law. The joinder of issue in a cause. Contestation The act by which two parties to an action claim the same right, or when one claims a right to a thing which the other denies; a controversy. Contested divorce A divorce where at least one issue has not been settled before court. the court must decide the issue or issues. Context The general series or composition of a law, contract, covenant, or agreement. Contingency fee Contingent What may or may not happen;. what depends upon a doubtful event; as, a contingent debt, which is a debt depending upon some uncertain event. Contingent damages Those given where the issues upon counts to which no demurrer has been filed, are tried, before demurrer to one or more counts in the same declaration has been decided. Contingent estate A contingent estate depends for its effect upon an event which may or may not happen: as an estate limited to a person not in esse or not yet born. Contingent fee An agreement which specifies that the attorney does not get paid unless the client wins the case. this type of arrangement is generally not allowed in divorce and custody cases. Contingent remainder Estates. An estate in remainder which is limited to take effect, either to a dubious and uncertain person, or upon a dubious and uncertain event, by, which no present or particular interest passes to the remainder-man, so that the particular estate may chance to be determined and the remainder never take effect. We thank you for using the Juridical Dictionary to search for Contingency fee. 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