Pleading Ignorance Archive

Huh? Pleading Ignorance looks to 2010 & your Legal Questions

December 31st, 2009. By Kristine B

Damnum Absque Injuria. Res Ipsa Loquitur. Causa Sine Qua Non. Brutum Fulmen! BRUTUM FULMEN!!

Uhh…say what? Sounds pretty fire & brimstone—so did we just get back from Christmas Mass at the Vatican and have a little leftover Latin-on-the-brain? Not quite. All the above lingo (lingua Latina!) are legal phrases that no one (except lawyers) really knows a damnum thing about. “Latin’s a dead language!” you say? Well, those in the legal profession didn’t get that memo…and they’re not going to…and that’s why we started the Pleading Ignorance blog posts this year.

And now the year is officially at a close—and I have to say, it’s been a pleasure writing Pleading Ignorance over the past few months. From negligence to financial issues and from whistleblowers to mandatory arbitration, I’ve covered topics that can sort give you that glazed-over, no-blessed-clue-what-you’re-talking-about look when you’re listening to someone (a lawyer?) ramble on about ’em.

Why can’t they just speak English? Or at least a language that didn’t get sacked by Visigoths and Vandals (and then some) some fifteen hundred plus years ago? I suppose you can either argue that the industry is steeped in tradition, or in need of a newfangled 12-step program to just “let it go”.

Regardless, the lingo is here to stay and I enjoy the role of interpreter—so I’m looking forward digging into whatever we’re all pleading ignorant on in 2010…  

In the meantime, I’m throwing it over to YOU, our readers, to see if you have any questions about legal issues or concepts. Are there any topics that LawyersAndSettlements.com covers that you would like to see discussed in this forum? Let me know!

Just keep in mind—I’m not a lawyer—don’t even play one on TV—so I won’t be offering any legal advice. But, as a legal writer, I do have to know a thing or two about legal-speak, legalese, legal jargon—things like the fact that jury-rigging has nothing to do with a jury—but you can still claim a jury’s been rigged—and that right there is a Linda Richman “Coffee Talk”-let’s-discuss moment just itching to happen tonight at your New Year’s Eve soiree. 

So, if you’ve got some questions about legal concepts that don’t quite make sense, or legal words or phrases you just don’t use when you’re picking up some groceries or answering your phone at work, drop me a line at Pleading Ignorance. Can’t promise I’ll get to answer every one, but I’ll sure try! 

I hope everyone has a happy New Year and a fantastic start to 2010. And for those of you who have been affected by someone else’s wrongdoing, I hope you get the chance to have your case heard, or at the very least, to share your story with others. 

Most of all, I hope 2010 proves to be a wonderful year, for everyone. 

Thanks for reading!

Tags: Pleading Ignorance
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Legalese & Legal-speak: 10 for 2010

December 23rd, 2009. By Kristine B

With 2009 about to come to a close, it’s a good time to take a little breather and take a look at some of the words or phrases you often hear in relation to a lawsuit—but might not know what they mean. They tend to get glossed over as if everyone out there took Latin for 6 years and loves to speak in legalese. So as we get ready to kick off 2010, here’s 10 for ’10…ten common legal terms you oughta know for 2010 and beyond…in plain English…

Damages 

Most of us are used to thinking of “damage” as what happens after a tornado (or a couple of five year olds on M&M’s) hits town. But the weird thing about “damages” from a legal perspective is that it’s the AWARD that comes after the mess—and the lawsuit. Damages simply refers to money awarded as compensation for a legal wrong. Damages are either compensatory or punitive. Say what? It’s like Pandora’s box…keep reading…

Compensatory Damages 

Compensatory damages are awarded to compensate (so that’s where it comes from) the wronged party for money lost, expenses or pain and suffering due to a legal wrong committed by another party. Compensatory damages can include medical expenses, lost wages, loss of future earnings, property damage and pain and suffering. Compensatory = Compensation (well, Read the rest of this entry »

Tags: appeal, Compensatory damages, Damages, fiduciary, Fraud, jurisdiction, Negligence, Pleading Ignorance, Punitive damages, Statute of Limitations, tort
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How Negligent! (Using “Negligence” Incorrectly)

December 9th, 2009. By Kristine B

We’ve all heard the word “negligence” to describe someone’s actions or used as justification for a lawsuit. And we all probably even know some individuals we’d refer to as “negligent”. But, do you really know what negligence is and how it applies to the law? This week, Pleading Ignorance examines negligence: what it is, what it’s not and how it applies to the law. 

What is Negligence? 

Negligence is a person’s failure to use reasonable care. This can take two forms: either the failure to take action that a reasonable person would do, or doing something that a reasonable person would not do. In both cases, the responsible party’s actions result in some form of harm either to another person or to another person’s property. 

Both types of negligence can be seen in your average car crash. In the first—failure to take action that a reasonable person would—a negligent person might not ensure his vehicle is properly equipped with tires suited for extreme weather. Or, the negligent person might know that his vehicle is unsafe but not take his vehicle in for the proper repairs. 

In the second type of negligence—doing something a reasonable person would not do—the negligent person might continue to drive too fast for extreme weather conditions. Or, she might Read the rest of this entry »

Tags: Negligence, Pleading Ignorance
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Whistleblowers: Are You the Next Erin Brockovich?

December 2nd, 2009. By Kristine B

Okay, so Erin Brockovich isn’t the only whistleblower in US history. But, thanks to that oh-so-memorable movie, a lot of people consider her to be the most famous whistleblower. Much like the movie about her ordeal showed, the path to becoming a whistleblower is often long, complex and filled with confrontation (including some memorable Oscar-worthy scenes). Many potential whistleblowers may not know all the protections available to them. So, this week Pleading Ignorance looks at complex world of whistleblowers. 

What is a Whistleblower?

Aside from the obvious (that’s right, a person who blows a whistle IS—technically—a whistleblower) a whistleblower is a person who reports that an organization of which he is a part of is involved in misconduct. Frequently, the organization is an employer, but it doesn’t have to be. The whistleblower reports the misconduct to a person or entity that has the power to take corrective action against the unethical organization. 

In a nutshell: Person A works for Company B, which is involved in illegal activity. Person A reports Company B’s activities to Entity C. Entity C then takes action against Company B for its illegal activity. In some cases, Person A then gets a movie made about her life. (Note: this Read the rest of this entry »

Tags: Pleading Ignorance, Qui Tam, Whistleblowers
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Mandatory Binding Arbitration: Bet you have it, don’t even know it

November 27th, 2009. By Kristine B

Or know what the h*$$ it is…

So, the good news (that’s right, there is some good news these days) is that some companies are dropping the mandatory arbitration clauses in their contracts. Of course, not every company is doing this. And the truth is that most people sign contracts and have no idea that they have signed a mandatory arbitration clause (even I’ve done it). So, this week’s Pleading Ignorance looks at mandatory arbitration. Because what you don’t know about mandatory arbitration really can hurt you.

So, What is Arbitration, Anyway?

Arbitration is a method of resolving disputes that avoids going to court. Now, you may be thinking that avoiding court is good for you—and it can be—but it can also be a bad thing, which I will get into later.

Arbitration involves both sides of a dispute presenting their cases before either one arbitrator (kind of like a judge in a court case but with less power) or an arbitration panel. The arbitrator or the panel then determines who is in the right.

In binding arbitration, the arbitrator not only determines liability (i.e., who’s wrong) but also determines an award for the wronged party (if an award is necessary). Also, the arbitrator’s decision is final. That’s it. No appeals, no further dispute, nothing. Case closed. That can be a good thing, if you find yourself on the winning side but of course, if you’re on the losing side, you have no chance to appeal the decision.

In non-binding arbitration, liability is determined but no award is handed out. The arbitrator can merely suggest possible awards but the two sides do not have accept those suggestions.

Arbitration sounds okay so far, right? Read the rest of this entry »

Tags: Arbitration, Binding Arbitration, Pleading Ignorance
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