Curry Law Group

Legal Glossary

Clear, plain-language definitions of common legal terms across our practice areas — designed to make the law more accessible.

196 terms found

A

Acquittal

Criminal Law

A decision by a judge or jury that the evidence did not prove the defendant's guilt. The person is released and cannot be tried again for the same charge.

Related:Reasonable DoubtBurden of ProofFelony
Learn about Criminal Defense Attorneys

Alimony

Family Law

Court-ordered financial support paid by one spouse to another during or after a divorce, intended to help the lower-earning spouse maintain a standard of living close to that of the marriage.

Related:Equitable DistributionPetition for Dissolution
Learn about Alimony

Ancillary Probate

Estate Law

A separate probate proceeding in a state where a deceased person owned property, in addition to the main probate in their home state. It is often needed for Florida real estate owned by non-residents.

Related:ProbateLetters TestamentaryExecutor
Learn about Probate Administration

Annulment

Family Law

A court order declaring a marriage void, as if it never legally existed. Florida grants annulments only in limited circumstances, such as fraud, bigamy, or incapacity.

Related:Petition for DissolutionContested Divorce
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The defendant's written response to a complaint, admitting or denying each allegation and raising any defenses or counterclaims. It must be filed within a set time after service.

Related:ComplaintDefendantCounterclaim
Learn about Civil Litigation Attorneys

Arbitration

Civil Litigation

A binding decision made by a neutral third party instead of a judge or jury. The parties agree in advance to accept the arbitrator's ruling, which can be faster and more private than a trial.

Related:MediationClass ActionInjunction
Learn about Civil Litigation Attorneys

Arraignment

Criminal Law

A defendant's first formal court appearance after arrest, where charges are read, a plea is entered, and bail may be set. It marks the start of formal criminal proceedings.

Related:FelonyMisdemeanorPlea Bargain
Learn about Criminal Defense

Assault and Battery

Criminal Law

The use of physical force against another person. In Florida, simple assault is a threat or attempt, while battery involves actual contact, and both can be charged as misdemeanors or felonies.

Related:MisdemeanorFelonyRestitution
Learn about Criminal Defense Attorneys

Assumption of Risk

Personal Injury

A defense arguing the injured person voluntarily accepted the known dangers of an activity. In Florida, it can reduce or bar recovery depending on the type of risk assumed.

Related:Comparative NegligenceNegligenceLiability
Learn about Personal Injury Attorneys

Attorney Fees in Divorce

Family Law

A court order requiring one spouse to pay the other's legal fees during a divorce. Florida may award fees to ensure both spouses can afford proper representation, regardless of who filed.

Related:AlimonyLitigation CostsPetition for Dissolution
Learn about Family Law Attorneys

B

Bad Faith Insurance

Personal Injury

An insurer's unreasonable refusal to settle or pay a valid claim. In Florida, a bad faith claim can expose the insurer to damages beyond the policy limits.

Related:Policy LimitsDemand LetterDamages
Learn about Personal Injury Attorneys

Security posted to secure a defendant's release from jail pending trial, conditioned on appearing in court. Florida judges set bail based on the charge, criminal history, and flight risk.

Related:BondProbationArraignment
Learn about Criminal Defense Attorneys

Bench Warrant

Criminal Law

A warrant issued by a judge, typically for failing to appear in court or violating a court order. An outstanding warrant can lead to arrest at any time.

Related:ArraignmentProbation
Learn about Outstanding Warrant

Beneficiary

Estate Law

A person or entity named to receive property or benefits from a will, trust, or insurance policy. Beneficiaries may be primary or contingent if the primary beneficiary cannot inherit.

Related:WillTrusteeProbate
Learn about Wills & Trusts

Best Interests of the Child

Family Law

The legal standard Florida courts use to decide custody and timesharing. Judges weigh factors such as each parent's ability to provide, the child's needs, and the child's relationship with each parent.

Related:TimesharingParenting PlanChild Custody
Learn about Child Custody

Breach of Contract

Civil Litigation

A failure, without legal excuse, to perform any promise forming part of a contract. The non-breaching party may sue for damages or to compel performance.

Related:PlaintiffDamages
Learn about Contract Disputes

Breach of Duty

Personal Injury

A failure to meet the standard of care that a reasonably prudent person would exercise under similar circumstances. Breach of duty is a required element of any negligence claim.

Related:Duty of CareNegligenceProximate Cause
Learn about Personal Injury Attorneys

Burden of Proof

Personal Injury

The obligation of a party to prove a disputed fact. In most personal injury cases, the injured person bears the burden of proving each element of their claim by a preponderance of the evidence.

Related:Preponderance of the EvidenceNegligenceDamages
Learn about Personal Injury Attorneys

Burglary

Criminal Law

The unlawful entry into a building or structure with intent to commit a crime inside. Florida treats it as a felony, with enhanced penalties if a weapon was involved.

Related:FelonySearch WarrantSentencing
Learn about Criminal Defense Attorneys

Business Partner Dispute

Civil Litigation

A business dispute where a partner, member, or shareholder claims the company or another owner harmed their interests. Florida law provides remedies such as buyouts, accounting, or dissolution.

Related:Shareholder DisputeFiduciary DutyBreach of Contract
Learn about Civil Litigation Attorneys

C

Case in Chief

Civil Litigation

The evidence and arguments each side presents to the judge or jury to win the case. A strong presentation clearly explains what happened and why the law supports your side.

Related:PlaintiffDefendantBurden of Proof
Learn about Civil Litigation Attorneys

Caucus

Mediation

A private meeting between the mediator and one party during mediation, held separately from the other side. Caucuses let parties share confidential concerns and explore settlement options.

Related:MediationNeutralImpasse
Learn about Mediation

The link between a defendant's conduct and the plaintiff's injury. A plaintiff must prove both actual cause (but-for) and proximate cause to recover damages.

Related:Proximate CauseDuty of CareNegligence
Learn about Personal Injury Attorneys

Causation Letter

Personal Injury

A doctor's written opinion that your injury was caused by the accident. Insurance companies often require this note to connect your pain to the incident before they will pay.

Related:CausationExpert WitnessDamages
Learn about Personal Injury Attorneys

Child Custody

Family Law

The legal and practical relationship a parent has with their child, including decision-making authority (legal custody) and where the child lives (physical custody), determined by the child's best interests in Florida.

Related:Child SupportVisitation RightsPetition for Dissolution
Learn about Child Custody

Child Custody Jurisdiction

Family Law

A court's ability to make decisions about a child who lives in Florida. A judge needs this authority to order timesharing, support, or other relief affecting the child.

Related:JurisdictionTimesharingBest Interests of the Child
Learn about Family Law Attorneys

Child Support

Family Law

Court-ordered payments from one parent to the other to help cover the costs of raising a child, calculated under Florida guidelines based on income and time-sharing.

Related:Child CustodyVisitation Rights
Learn about Child Support

Class Action

Civil Litigation

A lawsuit in which one or more plaintiffs sue on behalf of a larger group with similar claims. A court must certify the class before it can proceed as a class action.

Related:PlaintiffComplaintDamages
Learn about Civil Litigation Attorneys

Codicil

Estate Law

A formal amendment or addition to an existing will. In Florida, a codicil must be executed with the same formalities as a will — signed and witnessed.

Related:WillTestator
Learn about Wills & Trusts

Collaborative Law

Mediation

A structured dispute-resolution process in which both parties and their attorneys agree to resolve issues out of court, often used in family law to avoid litigation.

Related:MediationPetition for Dissolution
Learn about Collaborative Law

Community Supervision

Criminal Law

A sentence served in the community under supervision instead of in jail, with rules like meeting an officer, staying employed, and avoiding new charges. Breaking the rules can lead to prison.

Related:ProbationParoleRestitution
Learn about Criminal Defense Attorneys

Comparative Negligence

Personal Injury

A rule that allocates fault among all parties to an accident. In Florida, your compensation may be reduced by your percentage of fault, but you can still recover as long as you are not more at fault than the other party.

Related:NegligenceDamages
Learn about Personal Injury Attorneys

The initial pleading filed by a plaintiff that starts a civil lawsuit, stating the facts, legal claims, and relief sought. The defendant must respond with an answer or motion.

Related:PlaintiffDefendantAnswer
Learn about Civil Litigation Attorneys

Construction Dispute

Civil Litigation

A disagreement between a property owner and a contractor over work quality, delays, or payment. These disputes often involve breach of contract, construction liens, or warranty claims.

Related:Breach of ContractSpecific PerformanceLiquidated Damages
Learn about Civil Litigation Attorneys

Contested Divorce

Family Law

A divorce in which the spouses disagree on one or more issues such as property, support, or custody, requiring court resolution. Uncontested divorces resolve all terms by agreement.

Related:Petition for DissolutionEquitable Distribution
Learn about Contested & Uncontested Divorce

Contingency Fee

Personal Injury

A fee arrangement in which an attorney's payment is a percentage of the recovery, paid only if the client wins compensation. It allows injured people to pursue claims without upfront legal costs.

Related:DamagesLiability
Learn about Personal Injury Attorneys

Counterclaim

Civil Litigation

A claim filed by a defendant against the plaintiff within the same lawsuit, asserting that the plaintiff owes the defendant relief rather than the reverse.

Related:ComplaintAnswerDefendant
Learn about Civil Litigation Attorneys

D

The monetary compensation awarded to an injured person for losses caused by another's wrongful conduct, including medical bills, lost wages, property damage, and non-economic harms like pain and suffering.

Related:Pain and SufferingNegligence
Learn about Personal Injury Attorneys

Debt Collection Abuse

Civil Litigation

A claim that a debt collector used unfair, abusive, or deceptive practices to collect a debt. Federal and Florida laws protect consumers from harassment and false threats.

Related:InjunctionDamagesWhistleblower
Learn about Civil Litigation Attorneys

Declaratory Judgment

Civil Litigation

A court order stating the rights and obligations of the parties without awarding damages or ordering action. It is used to resolve uncertainty about contracts, insurance coverage, or statutes.

Related:InjunctionSpecific PerformanceComplaint
Learn about Civil Litigation Attorneys

Default Judgment

Civil Litigation

A judgment entered against a defendant who fails to respond to a lawsuit within the required time. The plaintiff can then enforce the judgment without a trial.

Related:Service of ProcessComplaintAnswer
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The person or entity against whom a civil lawsuit is filed. The defendant must respond to the complaint and may assert defenses or counterclaims against the plaintiff.

Related:PlaintiffComplaintAnswer
Learn about Civil Litigation Attorneys

Demand Letter

Personal Injury

A formal written request sent to an at-fault party or their insurer demanding compensation for injuries. It often summarizes the claim and opens settlement negotiations before a lawsuit is filed.

Related:DamagesPolicy LimitsLiability
Learn about Personal Injury Attorneys

Dependency Case

Family Law

A court-ordered plan that protects a child when a parent is unable to care for them, often due to abuse, neglect, or incapacity. It can place the child with a relative, guardian, or the state.

Related:Best Interests of the ChildGuardian ad LitemTimesharing
Learn about Family Law Attorneys

Deposition

Personal Injury

Sworn out-of-court testimony given by a witness or party before trial, recorded by a court reporter. Depositions are part of discovery and may be used as evidence at trial.

Related:DiscoveryExpert WitnessBurden of Proof
Learn about Personal Injury Attorneys

Discovery

Criminal Law

The pre-trial process where the prosecution and defense exchange evidence, including police reports, witness statements, and physical evidence. The prosecution has a duty to disclose evidence favorable to the defense.

Related:Motion to SuppressPlea BargainReasonable Doubt
Learn about Criminal Defense Attorneys

The pre-trial phase of a lawsuit during which each party gathers evidence from the other through depositions, interrogatories, document requests, and subpoenas.

Related:PlaintiffSummary Judgment
Learn about Civil Litigation Attorneys

Dissipation of Assets

Family Law

A spouse's waste or misuse of marital property, such as spending on an affair or gambling, before or during divorce. Florida courts may compensate the other spouse in equitable distribution.

Related:Marital PropertyEquitable Distribution
Learn about Divorce

Divorce Petition

Family Law

A formal request a spouse files with the court to end the marriage. In Florida, only one spouse needs to state the marriage is irretrievably broken to begin the process.

Related:Petition for DissolutionContested DivorceUncontested Divorce
Learn about Divorce

Divorce Trial

Family Law

A court process where a judge makes decisions for spouses who cannot agree. It takes longer and costs more than an uncontested divorce because the judge settles the disputed issues.

Related:Contested DivorceUncontested DivorcePetition for Dissolution
Learn about Family Law Attorneys

An injury claim arising when a dog attacks and injures a person. Florida applies a strict liability standard for dog bites, meaning the owner may be responsible even if the dog had no prior history of aggression.

Related:LiabilityDamages
Learn about Dog Bite

Domestic Violence

Family Law

Abuse or violence between family or household members. Florida allows victims to seek an injunction for protection and considers domestic violence in custody and support decisions.

Related:Child CustodyVisitation Rights
Learn about Domestic Violence

Drug Possession

Criminal Law

The offense of knowingly possessing a controlled substance without a valid prescription. Penalties in Florida depend on the type and amount of drug and whether intent to sell is alleged.

Related:FelonyMisdemeanorMotion to Suppress
Learn about Criminal Defense Attorneys

Driving Under the Influence—operating a vehicle while impaired by alcohol or drugs. A BAC of 0.08 or higher creates a presumption of impairment in Florida, with penalties including license suspension, fines, and jail.

Related:ArraignmentMisdemeanor
Learn about DUI Defense

Duty of Care

Personal Injury

The legal obligation one person owes to another to act with reasonable care to avoid causing harm. Establishing a duty of care is the first step in proving negligence.

Related:NegligenceBreach of DutyProximate Cause
Learn about Personal Injury Attorneys

E

Economic Damages

Personal Injury

Quantifiable financial losses from an injury, including medical bills, lost wages, and property damage. They are documented with receipts and bills and are generally easier to prove than non-economic damages.

Related:DamagesNon-Economic DamagesPain and Suffering
Learn about Personal Injury Attorneys

Elective Share

Estate Law

A surviving spouse's right under Florida law to claim a portion of the deceased spouse's estate — generally 30% — even if the will leaves the spouse less or nothing.

Related:ProbateWillIntestate Succession
Learn about Probate Disputes & Litigation

Equitable Distribution

Family Law

Florida's framework for dividing marital property and debts in a divorce. Equitable means fair rather than equal, based on each spouse's contribution and circumstances.

Related:AlimonyPetition for Dissolution
Learn about Divorce

Establishing Paternity

Family Law

The legal relationship between a father and child, often established by a court order or genetic test. Once confirmed, it allows the father to seek timesharing and creates a duty to support the child.

Related:PaternityChild SupportTimesharing
Learn about Family Law Attorneys

Estate Administration

Estate Law

The legal process of transferring a deceased person's property to the rightful heirs or beneficiaries, whether or not there was a will. It ensures debts are paid and assets are distributed correctly.

Related:ProbateIntestate SuccessionExecutor
Learn about Estate Law Attorneys

Estate Tax Planning

Estate Law

A legal plan to reduce or avoid estate taxes on assets passed to heirs. It uses tools like trusts, gifts, and marital deductions to preserve more wealth for beneficiaries.

Related:Revocable TrustIrrevocable TrustBeneficiary
Learn about Estate Law Attorneys

Executor

Estate Law

The personal representative named in a will to manage a deceased person's estate — gathering assets, paying debts and taxes, and distributing property to beneficiaries under court supervision.

Related:ProbateTestatorBeneficiary
Learn about Probate Administration

Expert Witness

Personal Injury

A specialist with relevant knowledge who offers opinion testimony to help the court understand complex issues, such as a doctor explaining injury causation or an engineer on accident reconstruction.

Related:DepositionBurden of ProofNegligence
Learn about Personal Injury Attorneys

Expungement

Criminal Law

The legal process of sealing or destroying a criminal record so it is not visible in background checks. Eligibility depends on the charge, disposition, and prior history.

Related:FelonyMisdemeanor
Learn about Expungement & Record Clearing

F

A serious crime typically punishable by more than one year in state prison. Florida felonies range from third-degree to capital offenses, with penalties increasing by degree.

Related:MisdemeanorArraignmentPlea Bargain
Learn about Felony Defense

Fiduciary Duty

Civil Litigation

A legal obligation to act in another's best interest, owed by directors, trustees, partners, and agents. Breaching this duty can result in personal liability.

Related:Breach of ContractLiability
Learn about Fiduciary Duty

Filing Deadline

Personal Injury

A legal deadline to file a lawsuit. If you wait too long after an accident, you lose the right to seek compensation, so it is important to act promptly.

Related:Statute of LimitationsStatute of ReposeLiability
Learn about Personal Injury Attorneys

Financial Power of Attorney

Estate Law

A person chosen to handle your financial and legal matters if you cannot do so yourself. Their authority can be limited to certain tasks or broad enough to manage all your affairs.

Related:Power of AttorneyHealthcare DirectiveExecutor
Learn about Estate Law Attorneys

Foreclosure

Civil Litigation

The legal process by which a lender takes possession of property when a borrower defaults on a mortgage. Florida foreclosures are judicial, requiring a court action.

Related:Breach of ContractPlaintiff
Learn about Foreclosure

G

Grand Jury

Criminal Law

A group of citizens who review evidence to decide whether there is probable cause to indict a defendant for a serious crime. Florida uses grand juries for capital offenses and certain felonies.

Related:IndictmentFelonyProbable Cause
Learn about Felony Defense

Grantor

Estate Law

The person who creates and funds a trust. Also called a settlor or trustor, the grantor sets the trust's terms and may serve as trustee in a revocable trust.

Related:TrusteeLiving TrustRevocable Trust
Learn about Wills & Trusts

Guardian ad Litem

Family Law

A person appointed by the court to investigate and represent the best interests of a child in a custody or dependency case. They provide independent recommendations to the judge.

Related:Best Interests of the ChildTimesharingChild Custody
Learn about Child Custody

Guilty Plea

Criminal Law

A formal statement by the accused admitting guilt to a charge. It leads to sentencing without a trial and may be part of a negotiated deal.

Related:Plea BargainArraignmentNolo Contendere
Learn about Criminal Defense Attorneys

H

Habitual Offender

Criminal Law

A designation for defendants with prior felony convictions that can lead to enhanced sentences under Florida's habitual felony offender statutes, increasing the potential prison term.

Related:FelonyMinimum Mandatory SentenceSentencing
Learn about Felony Defense

Healthcare Directive

Estate Law

A legal document stating your wishes for medical treatment if you become unable to communicate, often paired with a healthcare power of attorney or living will.

Related:Power of AttorneyLiving Trust
Learn about Power of Attorney & Healthcare Directives

Healthcare Surrogate

Estate Law

A person named to make medical decisions for you if you become unable to speak for yourself. This role is created through a healthcare directive and ensures your wishes are followed.

Related:Healthcare DirectivePower of AttorneyBeneficiary
Learn about Estate Law Attorneys

A person entitled by law to inherit from a deceased person who left no will. Florida's intestacy statutes define heirs by family relationship.

Related:Intestate SuccessionBeneficiaryProbate
Learn about Probate Administration

Holographic Will

Estate Law

A will entirely handwritten and signed by the testator. Florida generally does not recognize holographic wills unless they meet statutory witnessing requirements.

Related:WillTestatorCodicil
Learn about Wills & Trusts

I

Impasse

Mediation

A point in negotiations where the parties cannot reach agreement on one or more issues. A mediator may use techniques such as a mediator's proposal to help break the impasse.

Related:MediationNeutralMediator's Proposal
Learn about Mediation

Imputation of Income

Family Law

Assigning income to a parent for child support or alimony purposes when they are voluntarily unemployed or underemployed, ensuring support is calculated on earning potential rather than actual earnings.

Related:Child SupportAlimonyModification of Support
Learn about Child Support

Indictment

Criminal Law

A formal charge brought by a grand jury when there is enough evidence to try a person for a felony. Florida uses indictments for capital crimes and other serious felonies.

Related:FelonyGrand JuryArraignment
Learn about Felony Defense

A court order requiring a party to do or refrain from doing a specific act. In Florida, injunctions are common in domestic violence, business disputes, and to prevent irreparable harm.

Related:Specific PerformanceDeclaratory Judgment
Learn about Civil Litigation Attorneys

Insurance Dispute

Civil Litigation

A claim against an insurance company for unreasonably delaying, denying, or underpaying a valid claim. Florida law allows policyholders to recover damages beyond the policy when an insurer acts in bad faith.

Related:Bad Faith InsuranceBreach of ContractDamages
Learn about Civil Litigation Attorneys

Interest-Based Negotiation

Mediation

A negotiation approach focusing on each party's underlying needs and goals rather than fixed positions, used in mediation and collaborative law to find mutually acceptable solutions.

Related:Collaborative LawMediationParticipation Agreement
Learn about Mediation & Collaborative Law

Intestate Succession

Estate Law

The process by which a deceased person's assets are distributed when they die without a valid will. Florida law sets the order in which spouses, children, and other relatives inherit.

Related:ProbateLiving Trust
Learn about Probate Administration

Irrevocable Trust

Estate Law

A trust that generally cannot be changed or revoked once created. It is often used for asset protection, tax planning, and Medicaid eligibility.

Related:Revocable TrustLiving TrustTrustee
Learn about Wills & Trusts

J

Jurisdiction

Civil Litigation

The authority of a court to hear and decide a case. A court must have both authority over the subject matter and over the parties involved to issue a binding judgment.

Related:VenueStandingService of Process
Learn about Civil Litigation Attorneys

Juvenile Law

Criminal Law

The area of law addressing offenses committed by minors. Florida juvenile cases focus on rehabilitation and are handled in a separate delinquency system, though serious charges can be transferred to adult court.

Related:FelonyMisdemeanor
Learn about Juvenile Law

L

Last Will and Testament

Estate Law

A legal document that states how you want your property distributed after death and names a guardian for any minor children. It must be signed and witnessed to be valid in Florida.

Related:WillTestatorBeneficiary
Learn about Estate Law Attorneys

Legal Consultation

Criminal Law

A lawyer's advice given free of charge to help you understand your situation and options before deciding whether to hire them. It lets you learn your rights without any upfront cost.

Related:ArraignmentPlea Bargain
Learn about Criminal Defense Attorneys

Letter of Protection

Personal Injury

A document from an attorney to a medical provider guaranteeing payment for treatment out of a future personal injury settlement. It allows injured clients to receive care they could not otherwise afford while a case is pending.

Related:DamagesContingency FeeLiability
Learn about Personal Injury Attorneys

Letters Testamentary

Estate Law

Court-issued documents granting an executor authority to act on behalf of a deceased person's estate, such as accessing accounts and selling property during probate.

Related:ExecutorProbateProbate Administration
Learn about Probate Administration

Legal responsibility for one's acts or omissions. Establishing liability means showing that another party is legally responsible for the harm you suffered.

Related:NegligenceDamages
Learn about Personal Injury Attorneys

Life Insurance Trust

Estate Law

A trust created to hold a life insurance policy outside the taxable estate. It can keep the death benefit out of probate and provide liquidity to pay estate taxes or equalize inheritances.

Related:Irrevocable TrustTrusteeBeneficiary
Learn about Estate Law Attorneys

Liquidated Damages

Civil Litigation

A contract clause fixing in advance the amount a party must pay for breaching, often used when actual damages would be hard to prove. Courts enforce them if the amount is reasonable, not a penalty.

Related:Breach of ContractSpecific PerformanceDamages
Learn about Contract Disputes

Litigation Costs

Civil Litigation

The legal costs of pursuing a lawsuit, such as filing fees, deposition costs, and expert witness charges. In some cases, the losing party may be ordered to pay the winner's costs.

Related:DamagesLiquidated DamagesDiscovery
Learn about Civil Litigation Attorneys

Living Trust

Estate Law

A legal arrangement in which a trustee holds and manages assets for named beneficiaries during your lifetime and after death. A properly funded living trust can help avoid probate.

Related:ProbatePower of Attorney
Learn about Wills & Trusts

Loss of Consortium

Personal Injury

A derivative claim by a spouse or family member for the loss of companionship, affection, or support caused by a loved one's injury. In Florida, this claim is tied to the injured person's underlying claim.

Related:DamagesPain and SufferingWrongful Death
Learn about Personal Injury Attorneys

Loss of Earning Capacity

Personal Injury

Compensation for a permanent reduction in a person's ability to earn income after an injury, distinct from immediate lost wages. It accounts for future diminished earning potential.

Related:Economic DamagesDamagesPain and Suffering
Learn about Personal Injury Attorneys

M

Marital Property

Family Law

Assets and debts acquired by either spouse during the marriage, which are subject to equitable distribution in a Florida divorce. It generally excludes non-marital property acquired before the marriage or by gift or inheritance.

Related:Equitable DistributionNon-Marital PropertyAlimony
Learn about Divorce

Mediation

Mediation

A voluntary, confidential process in which a neutral mediator helps disputing parties reach their own agreement without a judge deciding the outcome.

Related:Collaborative LawPetition for Dissolution
Learn about Mediation

Medicaid Planning

Estate Law

Planning that helps protect your assets from being spent down so you can qualify for Medicaid long-term care benefits. It uses trusts and transfers structured within legal limits.

Related:Irrevocable TrustLiving TrustPower of Attorney
Learn about Estate Law Attorneys

Medical Malpractice

Personal Injury

Professional negligence by a healthcare provider whose treatment falls below the accepted standard of care and causes injury to a patient. Florida requires presuit notice before filing suit.

Related:NegligenceDamages
Learn about Medical Malpractice

Medical Narrative Report

Personal Injury

A written report from a doctor describing your injuries, treatment, and future medical needs. It helps show the full value of your claim, especially for long-term or serious injuries.

Related:Expert WitnessDamagesFuture Medical Expenses
Learn about Personal Injury Attorneys

Memorandum of Understanding

Mediation

A document summarizing the points of agreement reached in mediation or collaborative law. It is often the basis for a formal, binding settlement agreement prepared afterward.

Related:MediationCollaborative LawImpasse
Learn about Mediation

Mental Capacity

Estate Law

A person's legal ability to make valid decisions about their property and affairs. A will or trust can be challenged if the creator lacked capacity when signing it.

Related:TestatorWill ContestPower of Attorney
Learn about Estate Law Attorneys

Mesothelioma

Personal Injury

A rare cancer caused almost exclusively by exposure to asbestos fibers. Victims may pursue compensation from manufacturers or employers responsible for the exposure.

Related:Wrongful DeathDamages
Learn about Mesothelioma

Military Divorce

Family Law

A divorce involving a service member or military retiree, which raises unique issues under federal laws such as the SCRA and rules for dividing military pensions.

Related:Petition for DissolutionEquitable Distribution
Learn about Military Divorce

Minimum Mandatory Sentence

Criminal Law

A statutory sentence requiring a judge to impose a minimum prison term with no early release for certain offenses, such as some drug and firearm crimes in Florida.

Related:FelonySentencingPlea Bargain
Learn about Criminal Defense Attorneys

Miranda Rights

Criminal Law

The warnings police must give before custodial interrogation, advising the right to remain silent and to an attorney. Statements made without these warnings may be inadmissible in court.

Related:Probable CauseMotion to SuppressPlea Bargain
Learn about Criminal Defense Attorneys

Misdemeanor

Criminal Law

A less serious criminal offense usually punishable by up to one year in county jail. First-degree misdemeanors carry the harshest penalties in this category.

Related:FelonyArraignment
Learn about Misdemeanor

Modification of Support

Family Law

A court-ordered change to an existing child support or alimony obligation based on a substantial, material, and unanticipated change in circumstances since the original order.

Related:Child SupportAlimony
Learn about Child Support

Motion to Dismiss

Civil Litigation

A request asking the court to throw out a complaint because it fails to state a valid legal claim, even if the facts alleged are true. If granted, the case ends early without trial.

Related:ComplaintSummary JudgmentAnswer
Learn about Civil Litigation Attorneys

Motion to Suppress

Criminal Law

A defense request to exclude evidence obtained in violation of a defendant's constitutional rights, such as through an illegal search or an un-Mirandized statement.

Related:Miranda RightsSearch WarrantProbable Cause
Learn about Criminal Defense Attorneys

Motorcycle Accident

Personal Injury

A crash involving a motorcycle that often causes serious injuries because riders have little protection. Florida law requires riders under 21 to wear a helmet, and helmet use can affect injury claims.

Related:Comparative NegligenceDamagesNegligence
Learn about Motorcycle Accidents

N

Negligence

Personal Injury

The failure to exercise the level of care that a reasonably prudent person would have used under the same circumstances. Proving negligence is usually required to hold an at-fault party responsible for your injuries.

Related:LiabilityComparative NegligenceDamages
Learn about Personal Injury Attorneys

Neutral

Mediation

An impartial third party — such as a mediator — who facilitates discussions between disputing parties without taking sides or imposing a decision.

Related:MediationCaucusImpasse
Learn about Mediation

Nolo Contendere

Criminal Law

A 'no contest' plea in which the defendant accepts punishment without admitting guilt. It cannot be used as an admission of liability in a related civil case, which is its main advantage over a guilty plea.

Related:Plea BargainArraignment
Learn about Criminal Defense Attorneys

Non-Compete Clause

Civil Litigation

A contract term restricting a person from competing with a former employer for a set time and area. Florida enforces reasonable non-competes under specific statutory rules.

Related:Breach of Contract
Learn about Non-Compete

Non-Economic Damages

Personal Injury

Compensation for subjective, non-monetary harms such as pain, emotional distress, and loss of enjoyment of life. These damages are harder to quantify and often contested.

Related:Economic DamagesPain and SufferingDamages
Learn about Personal Injury Attorneys

Non-Marital Property

Family Law

Assets owned by a spouse before marriage, or acquired during marriage by gift or inheritance to one spouse alone. Non-marital property is generally not divided in a Florida divorce.

Related:Marital PropertyEquitable Distribution
Learn about Divorce

P

Pain and Suffering

Personal Injury

A category of non-economic damages compensating an injured person for physical pain, emotional distress, and loss of enjoyment of life resulting from an injury.

Related:DamagesNegligence
Learn about Personal Injury Attorneys

Parenting Plan

Family Law

A written document required in Florida custody cases that details how parents will share responsibility for a child, including timesharing schedules, decision-making authority, and communication methods.

Related:TimesharingChild CustodyBest Interests of the Child
Learn about Child Custody

The supervised release of a prisoner before the end of their sentence, subject to conditions. Florida abolished traditional parole in 1983, but supervised release concepts remain for certain sentences.

Related:ProbationRestitutionSentencing
Learn about Criminal Defense Attorneys

Participation Agreement

Mediation

The contract that starts a collaborative law case, in which both parties and their attorneys agree to resolve disputes without going to court and to disclose information voluntarily.

Related:Collaborative LawFull DisclosureInterest-Based Negotiation
Learn about Collaborative Law

Paternity

Family Law

The legal establishment of a child's father, giving the child rights to support, inheritance, and a relationship with both parents. It can be established voluntarily or by court-ordered DNA testing.

Related:Child CustodyChild Support
Learn about Paternity

Pedestrian Accident

Personal Injury

A collision involving a vehicle and someone on foot. The driver is often at fault, but Florida's comparative negligence rules can reduce a pedestrian's recovery if they shared some blame.

Related:Comparative NegligenceLiabilityDamages
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Permanent Impairment

Personal Injury

The long-lasting physical or mental effects an injury has on your daily life, such as trouble walking, chronic pain, or memory loss. These effects are considered when calculating fair compensation.

Related:Pain and SufferingNon-Economic DamagesDamages
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Personal Injury Protection

Personal Injury

Florida's no-fault auto insurance coverage that pays for medical expenses and lost wages after a crash regardless of who is at fault. PIP generally covers 80% of reasonable medical bills up to $10,000.

Related:MedPayDamagesNegligence
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Petition for Dissolution

Family Law

The formal legal document filed with the court to initiate a divorce, stating the grounds and the relief requested such as property division, alimony, custody, and support.

Related:AlimonyChild CustodyEquitable Distribution
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The party who initiates a civil lawsuit by filing a complaint against another party (the defendant), seeking a legal or equitable remedy such as money damages or an injunction.

Related:Breach of ContractSummary Judgment
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Plea Agreement

Criminal Law

A written agreement between the prosecutor and defendant where the defendant pleads guilty to a lesser charge or receives a lighter sentence in exchange for avoiding a trial.

Related:Plea BargainNolo ContendereSentencing
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Plea Bargain

Criminal Law

A negotiated agreement in which a defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for avoiding trial. Pleas must be entered voluntarily.

Related:ArraignmentFelonyMisdemeanor
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Policy Limits

Personal Injury

The maximum amount an insurance policy will pay for a covered loss. Recovery from an at-fault party's insurer is typically capped at these limits unless other coverage or assets are available.

Related:DamagesBad FaithDemand Letter
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Postnuptial Agreement

Family Law

A contract signed during marriage that defines how assets, debts, and support will be handled if the marriage ends. Like a prenuptial agreement, it requires voluntary entry and full disclosure.

Related:Prenuptial AgreementMarital PropertyEquitable Distribution
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Power of Attorney

Estate Law

A legal document authorizing another person to act on your behalf in financial or healthcare matters. A durable power of attorney remains effective even if you become incapacitated.

Related:Living TrustProbate
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Premises Liability

Personal Injury

The principle holding property owners responsible for injuries occurring on their property due to unsafe conditions they knew about or should have known about.

Related:Slip and FallNegligenceLiability
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Prenuptial Agreement

Family Law

A contract signed before marriage that defines how assets, debts, and support will be handled if the marriage ends. In Florida, it must be entered voluntarily and with full financial disclosure to be enforceable.

Related:Marital PropertyEquitable DistributionAlimony
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Preponderance of the Evidence

Personal Injury

The standard of proof in civil cases requiring that a fact is more likely true than not — meaning greater than 50% likelihood. This is the threshold a plaintiff must meet to prevail on a personal injury claim.

Related:Burden of ProofNegligence
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Pretrial Motion

Civil Litigation

A request asking the judge to make a ruling before trial, such as dismissing the case or limiting evidence. Motions help shape what happens in court.

Related:Motion to DismissSummary JudgmentInjunction
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Pretrial Release

Criminal Law

A program allowing a defendant to be released from jail before trial under supervision, without posting bail. Florida courts assess flight risk and public safety when granting pretrial release.

Related:BailProbationArraignment
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Probable Cause

Criminal Law

A reasonable basis, based on facts and circumstances, to believe that a person has committed a crime. Police need probable cause to arrest or search, and prosecutors need it to charge.

Related:Search WarrantMiranda RightsReasonable Doubt
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Probate

Estate Law

The court-supervised process of validating a deceased person's will, inventorying assets, paying debts and taxes, and distributing remaining property to beneficiaries.

Related:Intestate SuccessionPower of Attorney
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Probation

Criminal Law

A court-ordered period of community supervision instead of jail or prison, subject to conditions such as reporting to an officer, drug testing, and avoiding new arrests.

Related:FelonyMisdemeanor
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Product Liability

Personal Injury

The legal responsibility of manufacturers, distributors, and sellers for injuries caused by a defective or dangerously designed product.

Related:LiabilityNegligence
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Proximate Cause

Personal Injury

The legal connection between a defendant's conduct and the plaintiff's injury that is close enough to make the defendant legally responsible. It limits liability to harms that were a foreseeable result of the conduct.

Related:CausationNegligenceDuty of Care
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Punitive Damages

Personal Injury

Damages awarded to punish a defendant for intentional misconduct or gross negligence and to deter similar conduct. In Florida, punitive damages are limited by statute and require a higher showing of fault.

Related:DamagesGross NegligenceNegligence
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Q

Qualified Domestic Relations Order

Family Law

A court order that divides retirement plan benefits between spouses in a divorce without triggering early withdrawal penalties. It directs the plan administrator to pay a portion to the non-employee spouse.

Related:Equitable DistributionMarital PropertyAlimony
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R

Real Estate Disclosure Claim

Civil Litigation

A legal claim that a real estate agent or seller failed to disclose known defects in a property. Florida law requires sellers to disclose material facts that affect the property's value.

Related:Breach of ContractFiduciary DutyDamages
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Reasonable Doubt

Criminal Law

The highest standard of proof in the legal system, required for a criminal conviction. The prosecution must prove the defendant's guilt so convincingly that no reasonable person would question it.

Related:Burden of ProofFelonyMisdemeanor
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Relocation

Family Law

A parent's move with a child that significantly affects the other parent's timesharing. Florida law requires either the other parent's consent or court approval based on the child's best interests.

Related:TimesharingParenting PlanBest Interests of the Child
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Residuary Estate

Estate Law

The portion of an estate remaining after specific gifts, debts, taxes, and expenses are paid. It passes to the residuary beneficiaries named in the will or by intestate succession.

Related:WillBeneficiaryIntestate Succession
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Restitution

Criminal Law

Court-ordered repayment to a victim for losses caused by the defendant's crime, such as property damage or medical costs. It is often a condition of probation or sentencing.

Related:ProbationPlea BargainSentencing
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Restraining Order

Family Law

A court order that protects a person from abuse, harassment, or contact by another individual. It can require the other person to stay away and is often used in domestic violence situations.

Related:Domestic ViolenceInjunction
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Revocable Trust

Estate Law

A trust the grantor can change or cancel during their lifetime. It allows assets to pass to beneficiaries without probate while letting the grantor retain control.

Related:Living TrustIrrevocable TrustTrustee
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Rideshare Accident

Personal Injury

A crash involving a rideshare vehicle. Coverage depends on whether the driver was logged into the app, had accepted a ride, or was off-duty, and multiple insurance policies may apply.

Related:Policy LimitsLiabilityDamages
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The crime of taking property from a person by force or threat. In Florida, it is a serious felony that carries severe penalties, especially if a weapon was used.

Related:FelonySentencingRestitution
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S

Search Warrant

Criminal Law

A judge's order authorizing police to search a specific place for evidence of a crime. It requires probable cause and must describe the place and items to be seized.

Related:Probable CauseMotion to SuppressMiranda Rights
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Sentencing

Criminal Law

The phase after a conviction or guilty plea where the judge imposes punishment. Florida uses sentencing guidelines that weigh the offense severity and the defendant's criminal history.

Related:Minimum Mandatory SentenceRestitutionPlea Bargain
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Separation Agreement

Family Law

A written contract between spouses settling support, property, and parenting issues while living apart. Florida does not have legal separation, but such agreements can still govern the parties' arrangements.

Related:AlimonyEquitable Distribution
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Service of Process

Civil Litigation

The formal delivery of a lawsuit's initial papers to the defendant, giving notice and an opportunity to respond. Proper service is required for the court to have jurisdiction over the defendant.

Related:ComplaintDefendantDefault Judgment
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Settlement

Personal Injury

A payment from an insurance company to help cover your losses after an accident. Your lawyer negotiates with the insurer to reach a fair amount that pays for your medical bills, repairs, and other harm.

Related:DamagesDemand LetterPolicy Limits
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Shared Parental Responsibility

Family Law

A plan that explains how parents will raise their child after a divorce, including the time each parent spends with the child and how major decisions are made. Florida requires this plan in custody cases.

Related:Parenting PlanTimesharingBest Interests of the Child
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Shareholder Dispute

Civil Litigation

A conflict among business owners or shareholders over governance, valuation, dividends, or alleged oppression of minority interests, often resolved through litigation or buyout.

Related:Fiduciary DutyBreach of Contract
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Slip and Fall

Personal Injury

A premises liability claim arising when someone is injured after slipping, tripping, or falling on another's property due to a dangerous condition such as a wet floor or uneven surface.

Related:Premises LiabilityNegligence
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Specific Performance

Civil Litigation

A remedy ordering a party to fulfill their obligations under a contract, used when money damages are inadequate — for example, in real estate sales where the property itself is unique.

Related:Breach of ContractInjunctionLiquidated Damages
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Spendthrift Clause

Estate Law

A trust provision restricting a beneficiary's ability to transfer their interest and protecting trust assets from the beneficiary's creditors before distributions are made.

Related:TrusteeBeneficiaryIrrevocable Trust
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Spousal Support

Family Law

Financial support paid by one spouse to the other after separation or divorce, also called alimony. Florida courts consider need, ability to pay, and the standard of living during the marriage.

Related:AlimonyModification of SupportEquitable Distribution
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A party's legal right to bring a lawsuit, based on a sufficient stake in the outcome. A plaintiff must show they suffered a concrete injury caused by the defendant that the court can remedy.

Related:PlaintiffComplaintMotion to Dismiss
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Statute of Frauds

Civil Litigation

A law requiring certain contracts to be in writing to be enforceable, including agreements for real estate sales, contracts that cannot be performed within one year, and promises to pay another's debt.

Related:Breach of ContractSpecific PerformanceLiquidated Damages
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Statute of Limitations

Personal Injury

The legally prescribed time limit within which a lawsuit must be filed. In Florida, most personal injury claims must be filed within a specific period from the date of the accident, after which the right to recover is lost.

Related:NegligenceLiability
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Strict Liability

Personal Injury

Legal responsibility for harm that does not require proof of negligence. It applies to certain activities and products, such as defective products and dog bites in some states.

Related:Product LiabilityDog BiteLiabilityNegligence
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Subrogation

Personal Injury

An insurer's right to recover amounts it paid on a claim by stepping into the insured's place against the at-fault party. It often arises after a health or auto insurer pays medical bills.

Related:Personal Injury ProtectionPolicy LimitsDamages
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Summary Judgment

Civil Litigation

A court's decision in favor of one party when there is no genuine dispute of material fact, allowing the case to be decided as a matter of law without a full trial.

Related:DiscoveryPlaintiff
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Support Obligation

Family Law

Money one parent pays to the other to help cover a child's everyday needs like food, housing, and schooling. In Florida, the amount is set by a formula based on both parents' incomes.

Related:Child SupportImputation of IncomeModification of Support
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T

Testamentary Trust

Estate Law

A trust created by a will that takes effect only after the testator's death. It is funded by the estate and administered by a trustee named in the will.

Related:WillTrusteeLiving Trust
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Testator

Estate Law

The person who makes a will. In Florida, a testator must be at least 18 years old and of sound mind for the will to be valid.

Related:WillBeneficiaryExecutor
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The unauthorized use of another person's property, often a vehicle, without permission. Florida distinguishes between temporary use and intent to permanently keep the property.

Related:FelonyMisdemeanorRestitution
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Timesharing

Family Law

Florida's term for the schedule of time each parent spends with a child. A parenting plan establishes timesharing and must be approved based on the best interests of the child.

Related:Parenting PlanChild CustodyBest Interests of the Child
Learn about Child Custody

Timesharing Schedule for Unmarried Parents

Family Law

A court-approved plan for an unmarried parent to spend time with their child. It is similar to a parenting plan but is established after paternity is confirmed.

Related:TimesharingEstablishing PaternityParenting Plan
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A civil wrong that causes harm, leading to legal liability for the person who committed it. Torts include intentional acts, negligence, and strict liability wrongs.

Related:NegligenceLiabilityDamages
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Traumatic Brain Injury

Personal Injury

Brain damage caused by a sudden blow, jolt, or penetrating injury to the head. TBIs can range from mild concussions to severe, life-altering cognitive and physical impairments.

Related:DamagesNegligence
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Truck Accident

Personal Injury

A collision involving a large commercial truck. These claims are more complex because the trucking company, driver, and shipper may all share responsibility under federal and state safety rules.

Related:LiabilityNegligenceDamages
Learn about Truck Accidents

Trust-Based Estate Plan

Estate Law

A legal document that lets you name who receives your property after death and can help avoid probate for assets placed inside it. It is a key tool for avoiding court and keeping your affairs private.

Related:Living TrustRevocable TrustProbate
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Trustee

Estate Law

The person or institution appointed to hold and manage trust property for the benefit of beneficiaries, following the terms set out in the trust document.

Related:Living TrustBeneficiaryGrantor
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U

Uncontested Divorce

Family Law

A divorce in which both spouses agree on all major issues — including property division, support, and timesharing — allowing the court to finalize the matter without a trial. It is typically faster and less expensive.

Related:Contested DivorcePetition for DissolutionEquitable Distribution
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V

The proper geographic location for a lawsuit to be heard. In Florida, venue is typically where the defendant lives, where the cause of action arose, or where property is located.

Related:Service of ProcessComplaintJurisdiction
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Visitation Rights

Family Law

A non-custodial parent's (or grandparent's) court-ordered right to spend time with a child. Florida refers to parenting plans and time-sharing rather than traditional visitation.

Related:Child CustodyChild Support
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W

A legal claim for harm caused by a sudden, forceful movement of the head and neck, common in rear-end car crashes. Symptoms may appear days later and can include neck pain, headaches, and stiffness.

Related:Traumatic Brain InjuryDamagesNegligence
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Whistleblower

Civil Litigation

A person who reports illegal or fraudulent activity by an employer or government contractor. Whistleblowers may receive legal protections and, in some cases, a share of recovered funds.

Related:False ClaimsDamages
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White Collar Crime

Criminal Law

Non-violent, financially motivated offenses such as fraud, embezzlement, and identity theft, often committed in a business or professional setting.

Related:FelonyPlea Bargain
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A legal document directing how your property should be distributed after death and naming a personal representative to manage your estate. A will must go through probate to take effect.

Related:ProbateIntestate Succession
Learn about Wills & Trusts

Will Contest

Estate Law

A formal challenge to a will's validity, often based on undue influence, lack of capacity, or improper signing. Florida has strict deadlines and standing rules for bringing a will contest.

Related:WillTestatorProbate
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Workers' Compensation

Personal Injury

A no-fault insurance system providing wage replacement and medical benefits to employees injured on the job, regardless of who was at fault.

Related:Workplace InjuryDamages
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Workplace Injury

Personal Injury

An injury or illness that occurs in the course of employment. Most are covered by workers' compensation, though a third-party claim may be available when someone other than the employer is at fault.

Related:Workers' Compensation
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Wrongful Death

Personal Injury

A claim brought when a person's death is caused by the wrongful act or negligence of another. Surviving family members may recover damages for loss of companionship, support, and income.

Related:DamagesNegligenceLiability
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