Glossary of Aviation Law Common Terminology (2)
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- Cross Claim
- claim brought by a defendant in an action against the plaintiff
- Declaratory judgement
- one who declares the status, rights or duties of the parties involved but does not order any action to be taken.
- the defender, the one against whom a claim or a charge is brought. The ne who denies a claim in a court action
- even if the facts stated by the other party are true, they do constitute an enforceable claim.
- de novo
- anew, afresh, a second time. In this type of trial, the matter is tried anew as if it had not been heard before and as if no decision had been previously rendered.
- testimony of a witness, conducted under oath outside of the courtroom.
- disclosure of facts, documents, and evidence to the opposing party upon request.
- a liberty, privilege, or advantage, that entitles its holder to some limited use or enjoyment in the land of another
- avigation easement
- the right to cross through or otherwise use the airspace overlying the property of another.
- Eminent domain
- inherent power of a sovereign government to take private property for public use
- condition that stops or prohibits action because of contradiction
- Freedom of information Act 1966
- provides entitlement to information from government files
- Privacy Act of 1980
- restricts acquisition of certain information
- Habeas corpus
- Latin for "you have the body". bring a party before a court of judge
- court order to stop
- contract (policy) whereub payment of a premium (fee) is given in exchange for insurance (reimbursement) against loss incurred (at risk)
- Insurance waiver
- gives up the right to reimbursement under certain circumstances such as flying an airplance
- series of questions
- power, authority, capacity, or right-to-act of a court within a given legal or geographiv area
- all manner of responsibility, obligation, debts and assumption of risk.
- legal contest, lawsuit, or a contest by judicial process
- ommission of doing what a reasonable person would do, the failure to excercise "ordinary care" to to be "careless"
- person that begins a legal action.
- Police power
- governmental power to make and enforce reasonable laws and regulations in the interst of the general health, safety, welfare and morals of its citizens.
- to usurp higher authority
- "legal cause" inc,uding foreseeable harm to one to whom a duty owed.
- Receiver (or Trustee)
- appointed by the court to take into custody, management or control the property of another
- send back to the lower court
- Res ipsa loquitur
- latin term denoting that negligence is obvious. Literally means " the thing speaks for itself"
- annul, revoke, make void a legal decision.
- formal examination of facts and evidence by a court of law.
- civil wrong resulting in personal injury or property damage
- 3 elements of Tort
- 1) duty to protect others
2)failure to conform to a reasonable standard
3)conduct of the person supposedly at fault is so closely related to the incident as to have caused it
- to assume risk by way of insurance
- writ of certiorari
- an order in writing from a superior to an inferior court directing the proceedings of a specified case be sent up for review
- Writ of mandamus
- means "we cammand" order by the court to public officials, or to inferior court, directing them to do or not do something within the scope of their duties
- partitions a local governmental jurisdiction by ordinance into authorized land use districts.
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