Juridical Dictionary

This dictionary contains:
8526
juridical terms

Wrongful death






Wrongful death

An American tort law action which claims damages from any person who, through negligence or direct act or omission, caused the death of certain relatives (eg. spouse, children or parent). These actions are commenced under special "wrongful death" statutes because under the common law, there is no right of action for survivors for their own loss as a result of someone's death. The Canadian equivalent of the wrongful death legislation is generally known as the "fatal accidents act." In England, it is known as Lord Campbell's Act.

RELATED TERMS
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Tort
An injury; a wrong; hence the expression an executor de son tort, of his own wrong.

Action
1) French commercial. Stock in a company, shares in a corporation. 2)Civil law. An action instituted to avoid a sale onaccount of some Vice or defect in the thing sold which readers it either absolutely useless, or its use so inconvenient and, imperfect, that it must be, supposed the buyer would not have purchased it, had he known of the vice.

Damages
A cash compensation ordered by a court to offset losses or suffering caused by another's fault or negligence. Damages are a typical request made of a court when persons sue for breach of contract or tort.

Person
This word is applied to men, women and children, who are called natural persons.

Negligence
Contracts, torts. When considered in relation, to contracts, negligence may be divided into various degrees, namely, ordinary, less than ordinary, more than ordinary.

Direct
Straight forward; not collateral.

Omission
An omission is the neglect to perform what the law requires.

Death
Cessation of life; extinction of political existence.

Spouse
Husband or wife.

Special
That which relates to a particular species or kind, opposed to general; as special verdict and general verdict; special imparlance and general imparlance; special jury, or one selected for a particular case, and general jury; special issue and general issue, &c.

Common
marriage law. a marriage in which no formal ceremony took place and no license exists.

Law
A rule or body of rules of conduct inherent in human nature and essential to or binding upon human society. The learned profession that is mastered by graduate study in a law school and that is responsible for the judicial system.

Right
1) Sometimes it signifies a law, as when we say that natural right requires us to keep our promises, or that it commands restitution, or that it forbids murder. In our language it is seldom used in this sense. 2) It sometimes means that quality in our actions by which they are denominated just ones. This is usually denominated rectitude. 3) It is that quality in a person by which he can do certain actions, or possess certain things which belong to him by virtue of some title. In this sense, we use it when we say that a man has a right to his estate or a right to defend himself.

Loss
contracts. The deprivation of something which one had, which was either advantageous, agreeable or commodious.

Equivalent
Of the same value.

Legislation
Written and approved laws. Also known as "statutes" or "acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (eg: house of assembly, Congress, Parliament) to write the laws of the land.

Lord
In England, this is a title of honor. In the U. S. no such titles are allowed

Act
1) Civil law, contracts. A writing which states in a legal form that a thing has been said, done, or agreed. 2) Evidence. The act of one of several conspirators, performed inpursuance of the common design, is evidence against all of them.



SIMILAR TERMS
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Wrong
An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made.

Wrong-doer
One who commits an injury, a tort-feasor.

Wrongful death lawsuit
A lawsuit originated in a death caused by the negligence of another person.

Wrongful dismissal
A common-law claim based on breach of employment contract and, as such, wrongful dismissal is distinct from unfair dismissal. Where an employee is summarily dismissed in breach of his contractual entitlement to notice and other contractual entitlements he will have a claim for damages unless the dismissal was justified under the terms of his contract of employment. Damages are based on the employee's loss.

Wrongfully intending
These words are used in a declaration when in an action for an injury, the motive of the defendant in committing it can be proved, for then his malicious intent ought to be averred. This is sufficiently done if it be substantially alleged, in general terms, as wrongfully intending.



PREVIOUS AND NEXT TERMS
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Writing obligatory
A bond; an agreement reduced to writing, by which the party becomes bound to perform something, or suffer it to be done.

Writs, judicial
Practice. In England those writs which issue from the common law courts during the progress of a suit, are described as judicial writs, by way of distinction from the original one obtained from chancery.

Written or statute law
The municipal laws of England are the written or statute law; being acts of legislative bodies, to only supply what is defective, or to amend only what is amiss, in the unwritten laws.

Wrong
An injury; a tort a violation of right. In its most usual sense, wrong signifies an injury committed to the person or property of another, or to his relative rights, unconnected with contract; and these wrongs are committed with or without force. But in a more extended signification, wrong includes the violation of a contract; a failure by a man to perform his undertaking or promise is a wrong or injury to him to whom it was made.

Wrong-doer
One who commits an injury, a tort-feasor.

Wrongful death

Wrongful dismissal
A common-law claim based on breach of employment contract and, as such, wrongful dismissal is distinct from unfair dismissal. Where an employee is summarily dismissed in breach of his contractual entitlement to notice and other contractual entitlements he will have a claim for damages unless the dismissal was justified under the terms of his contract of employment. Damages are based on the employee's loss.

Wrongfully intending
These words are used in a declaration when in an action for an injury, the motive of the defendant in committing it can be proved, for then his malicious intent ought to be averred. This is sufficiently done if it be substantially alleged, in general terms, as wrongfully intending.

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This dictionary contains 8526 terms.