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Court Cases, Lawsuits and Appeals Glossary Terms

Defamation

The serious harming of someone’s reputation or character by making false statements as though they are factual. Includes the more specific Slander and Libel.

Defendant

The person or entity who is being sued in a court of law.

Libel

Libel is typically written or printed defamation (serious harming of someone’s reputation or character by making false statements) but can include pictures, signs, film, and electronic broadcasts like websites, webcasts, podcasts, television, or radio.

Litigation

The process of filing a lawsuit to settle a legal dispute. The person (or entity) who files the lawsuit (in order to have court settle the legal issue) is called the "plaintiff." The other party (or person) who is being sued is called the "defendant."

Periods of Prescription

Also known as “prescriptive periods”. In civil law, these are the laws that detail the maximum period of time that legal proceedings may be enacted after certain events. In common law, these legally maximum periods of time to begin legal proceedings are referred to as “statutes of limitation”.

Plaintiff

The party (individual) or entity who starts a lawsuit against another party (the defendant) in a court of law.

Recusal

The act of a judge to remove (recuse) him or her self from participating in a case because they have special or personal interest in the outcome that could influence their decisions or judgement of the case.

Slander

Usually spoken defamation (serious harming of someone’s reputation or character by making false statements) but can include gestures, sign language, and other “non-permanent” statements.

Statute of Limitations

In common law, the law that details the maximum period of time that legal proceedings may be enacted after certain events. The statute of limitations will vary by the event and by state and country. In civil law, these legally maximum periods of time to begin legal proceedings are referred to as “periods of prescription”.

Structured Settlement

An agreement for the financial settlement of a lawsuit to be paid out in installments rather than in a lump sum. Structured settlements usually result from large settlements and are often created through the purchase of annuities. The payments can be structured in any way the parties choose (monthly, yearly, quarterly, etc.). Structured settlements are common in large recovery cases, often in anticipation of long-term financial and health care costs.

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