Outweigh - Law Dictionary Search Results
Home Dictionary Name: outweighabnormally dangerous activity
abnormally dangerous activity : an activity esp. that is not common in or appropriate to an area, that creates a high degree of risk of harm to someone or something despite the exercise of due care, and whose value to the community in the area is outweighed by the risk of harm compare ultrahazardous activity NOTE: Abnormally dangerous activities are subject to strict liability. Abnormally dangerous activity and ultrahazardous activity are sometimes used interchangeably. ...
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
class action
class action : an action in which a representative plaintiff sues or a representative defendant is sued on behalf of a class of plaintiffs or defendants who have the same interests in the litigation as their representative and whose rights or liabilities can be more efficiently determined as a group than in a series of individual suits called also class action suit class suit see also certification compare consolidate, joinder test case at case NOTE: Rule 23 of the Federal Rules of Civil Procedure sets out the prerequisites for having an action certified as a class action in federal court. Section (a) permits a class action if “(1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class.” If th...
inflammatory
inflammatory : tending to cause anger, animosity, or indignation [the use of an alias by a defendant is…almost always "F. D. Doucette"] NOTE: Evidence, and esp. photographic evidence, may be deemed inadmissible if its inflammatory nature seriously outweighs its probative value or relevance. The mere fact that evidence is graphic or gruesome, however, is not enough to render it inadmissible. ...
interest
interest [probably alteration of earlier interesse, from Anglo-French, from Medieval Latin, from Latin, to be between, make a difference, concern, from inter- between, among + esse to be] 1 : a right, title, claim, or share in property Article Nine security interest : security interest in this entry beneficial interest : the right to the use and benefit of property [a beneficial interest in the trust] contingent interest : a future interest whose vesting is dependent upon the occurrence or nonoccurrence of a future event compare vested interest in this entry controlling interest : sufficient stock ownership in a corporation to exert control over policy equitable interest : an interest (as a beneficial interest) that is held by virtue of equitable title or that may be claimed on the ground of equitable relief [claimed an equitable interest in the debtor's assets] executory interest : a future interest other than a remainder or reversion that may take effect upon the divesting...
preponderate
preponderate -at·ed -at·ing : to have greater credibility or convincing weight : have an outweighing effect [the evidence either was evenly balanced or preponderated in favor of the state "Weston v. State, 682 P.2d 1119 (1984)"] [such evidence s against the board's decision] ...
privilege
privilege [Latin privilegium law affecting a specific person, special right, from privus private + leg- lex law] 1 : a right, license, or exemption from duty or liability granted as a special benefit, advantage, or favor: as a : an exemption from liability where an action is deemed to be justifiable (as in the case of self-defense) or because of the requirements of a position or office ;also : the affirmative defense that an action is privileged compare excuse absolute privilege : a privilege that exempts a person from liability esp. for defamation regardless of intent or motive ;specif : a privilege that exempts high public officials (as legislators) from liability for statements made while acting in their official capacity without regard to intent or malice qualified privilege : a privilege esp. in the law of defamation that may be defeated esp. by a showing of actual malice called also conditional privilege b : an exemption from a requirement to disclose information (as fo...
right of privacy
right of privacy :the right of a person to be free from intrusion into or publicity concerning matters of a personal nature called also right to privacy compare invasion of privacy NOTE: Although not explicitly mentioned in the U.S. Constitution, a penumbral right of privacy has been held to be encompassed in the Bill of Rights, providing protection from unwarranted governmental intrusion into areas such as marriage and contraception. A person's right of privacy may be overcome by a showing that it is outweighed by a compelling state interest. ...
risk-utility test
risk-utility test : a test used in product liability cases to determine whether a manufacturer is liable for injury to a consumer because the risk of danger created by the product's design outweighs the benefits of the design ...
Outpoise
To outweigh...
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