N

No Child Left Behind

The Elementary and Secondary Education Act was reauthorized in 2001 by
No Child Left Behind (NCLB). The measure requires greater accountability for ensuring all students attain certain mandated standards of academic performance within a certain period of time and be free to transfer to better schools if those standards are not met. Federal funding is linked to a school’s NCLB performance.

Non-Compete Clause

An employer can require an employee to not compete with the company for a set period of time in the event they leave. The restrictive clause can further
bar the former employee from contacting customers or co-workers, discussing confidential agreements or proprietary information for a set period of time.  
The non-compete clause is normally part of a larger written employment contract, and there are limitations on who and when the non-compete
clause applies.

Nondisclosure Agreement

A contract stating clearly that parties to the agreement may share trade secrets, confidential ideas and materials with each other but may not legally share or use such knowledge otherwise. A nondisclosure agreement is also known as a confidential disclosure agreement (CDA).

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O

OCRC (Ohio Civil Rights Commission)

The OCRC is charged with receiving, investigating and bring actions to enforce compliance with Ohio’s anti-discrimination statute, which prohibits discrimination based on age, sex, race, national origin, religion or handicap in employment.

Open Meetings

The Ohio Open Meetings Act requires that official actions and deliberations on official business that are undertaken by public bodies must take place in meetings that are open to the public. These include meetings of any legislative authority, board, commission, committee, agency or similar body of any school district, public institution, municipality or other political subdivision. Most public bodies are allowed to meet privately in executive session, but are limited by the act as to what they can discuss.

Open Records.

Statute requiring the disclosure of records maintained by public entities, with specific exceptions.

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P

Pain and Suffering

“Pain and Suffering” refers to a form of damages arising from harm resulting from defamation, personal injury, malpractice or other claims in tort. Insurance settlements or financial awards can be calculated on the amount of embarrassment, permanent physical disability arising from serious personal injury, disfiguring scars or other pain and suffering a claimant endures.

Partnerships

Partnerships are business with more than one owner that are not corporations. General partnerships share all liability in the business’ operations; parties in limited partnerships are limited in their personal liability and are not involved in the business’ day-to-day operations.

Payable on Death (P.O.D.)

Life insurance and annuities are common Payable on Death accounts that transfer on your death to a named beneficiary who otherwise has no access to the funds during your lifetime. Savings and checking accounts can be set up as Payable on Death to preclude their being dispersed by probate court.

Plaintiff

The individual or entity who initiates a lawsuit against another (the defendant)
in court.

Power of Attorney

A Power of Attorney is a legal instrument that is used to delegate legal authority to another. The person who signs (executes) a power of attorney is called the principal. The power of attorney gives legal authority to another person (called an agent or attorney-in-fact) to make property, financial and other legal decisions for the principal. A principal can give an agent broad legal authority, or very limited authority. The power of attorney is frequently used to help in the event of a principal's illness or incapacity, or in legal transactions where the principal cannot be present to sign necessary legal documents.

Products Liability

Parties involved in the manufacture, sales and distribution of a product may be responsible for any injuries or other damages caused by that product. This would include the manufacturer, wholesaler and retailer. Consumers or users of the product who are harmed by a defective product may initiate a product liability lawsuit. Product liability claims may be based on products that are manufactured incorrectly, designed incorrectly, a warning as to foreseeable hazards was absent or defective, or the product did not perform as the warranty promised.

Professional Negligence

Professionals who fail to meet accepted standards of care in their field may
be subject to claims of professional negligence. Persons who file suit against doctors, lawyers, architects, accounts or other professionals must demonstrate that they were damaged by the actions, or failure to act, of a professional. Medical malpractice is perhaps the most widely reported example of
professional negligence.

Protected Class

Age, race and color, sex, national origin, pregnancy, disability, religion and veteran status are characteristics expressly protected by lawmakers from discrimination. This is referred to as a “protected class.” Some states and cities recognize sexual orientation as a protected class.

Public Records Act

A law ensuring the public’s right to access public records, including those
kept by school districts and municipalities, entities that perform public services and are supported by public funds, and expenditures of nonprofit agencies
that provide service with public monies. Included is the right to inspect public records and make copies at cost within a reasonable period of time. Medical, taxpayer, library patron records and many others are exempt from
public disclosure.

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Q

Quantum meruit

A form of equitable relief when no contract exists but services or other benefit of some nature was provided  and the party providing the benefit or services
seeks compensation.

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R

Receivership

A method less formal than bankruptcy which allows the debtor to hold off collection efforts by his creditors while he works out a plan of payment.


Recusal

Judges who remove themselves because of a personal interest in the outcome of a case that might influence their decisions are said to recuse (“remove”) themselves from the proceedings.


Retail sales agreements

Contracts for the sale of consumer goods, typically involving periodic payments over time, which are regulated by both federal and state law.


Retaliation

Under a variety of federal and state employment laws, employers may not retaliate against a worker who has filed a complaint about unlawful conduct (“whistle blowing”) or participated in associated investigation or legal action.
An employee must demonstrate that he engaged in “protected activity” in the initial matter, and that because of the protected activity the employer took adverse employment action against him.


Reverse mortgage

A mortgage arrangement where the homeowner receives monthly payments from the lender in an amount determined by his age and health, the value of the home and term of the loan. Also known as Reverse Annuity Mortgage (RAM), payments may be for a set period of time or for the length of time the homeowner lives in the home. The owner usually retains title to the home and does not need to repay the lender until the property is sold or transferred.


RFC form

Filled out by your primary care physician, a Residual Functional Capacity form, is part of one’s case for receiving Social Security benefit.

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S

Safety Violations

The Occupational Safety and Health Act or OSHA details Department of Labor violations of workplace safety standards within various industrial settings, based on potential  exposure to dangerous situations, equipment, toxic chemicals and harmful products.

Securities  Claims

Investment fraud by an investment promoter or salesman that misrepresents investment risk factors; the recommending of investments that are unsuitable to a customer; unauthorized and improperly executed trades; and pricing violations that unfairly manipulate the market are examples of types of securities fraud that give rise to claims of securities abuse.

Shareholder Buyout Agreements

How shareholders may sell or transfer their holdings is spelled out in the shareholder buyout agreement.  Since a shareholder’s death or decision to sell their shares can significantly impact the corporation, buyout agreements carry considerable importance.

Slander

Harming a person’s reputation or character by making false, usually verbal, statements. Slander can include gestures and other fleeting statements.

Sole Proprietorship

A business other than a corporation or LLC that is owned by one person. Sole proprietors own all assets of the business and assume all liability for decisions they make relevant to its operation.


Specific Performance

A form of equitable relief which orders that an act be performed or completed pursuant to an enforceable contract.

Springing Power of Attorney

Legal authority to manage the affairs of another person when that person becomes incapacitated or incompetent to handle them is referred to as springing power of attorney. The person granted such authority is often called an agent or “attorney-in-fact.”

Standard of Care

Those providing care for others must adhere to a prudent standard of care and level of caution that a reasonable person would find sufficient. Those in the medical profession that do not provide a reasonable standard of care may be found guilty of professional negligence, also known as medical malpractice.

Statute of Limitations

A law that limits the period of time following certain events in which legal proceedings relevant to the event may be initiated. The statutes vary by state, country and the event itself, and the exceptions to the application of a particular statute of limitations, and when the period begins to runs, when it may be tolled, and when it ends, is subject to very complex legal rules and interpretations.

Structured Settlement

Financial awards paid out in installments rather than in a lump sum are said to be structured settlements. Structured settlements are long-term agreements and often involve large awards.

Sub Prime Loans

Persons with poor or minimal credit histories are typically offered sub prime loans. These can carry higher interests than prime loans because of the increased risk of default on the part of the borrower.  

Subrogation

A person or entity that pays expenses or debts for someone else assumes
the legal rights of that person related to that expense. An insurance company, for instance, can turn around and sue the person responsible for injuring their client in an auto accident after they have paid for their client’s personal
injuries and property damages. Similarly, a medical doctor, hospital, insurance company or government entity may demand part of any settlement of a
lawsuit for injuries, to the extent that they provided unreimbursed medical
care or treatment.  

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T

Temporary Restraining Order

A court order that prohibits a person or other entity from acting in a certain manner for a brief period of time to maintain the status quo until the issues can be heard by the Court. The order is issued by a judge at the request of the person who claims he or she will be harmed, based on a claim that if the order is not issued, the harm will be irreparable. Once issued, a court will hear the other person’s side of the story within 14 days, and then the court will decide whether a hearing for a preliminary injunction, and permanent injunction,
should be issued.


Title VII (Title Seven)

The federal Civil Rights Act of 1964 prohibits discrimination on the basis of sex, race, religion and national origin. Gender discrimination under this federal statute incorporates sexual harassment and pregnancy discrimination.


Title IX (Title Nine)

Under the Educational Amendment of 1978 to the Civil Rights Act of 1964, sexual discrimination and harassment is prohibited in all areas of public schooling. The amendment pertains to admissions, housing, financial aid, programs and student activities including athletics.

Toxic Tort

Victims who suffer a personal injury because of exposure to a toxic substance, such as asbestos or hazardous waste, can sue for medical expenses, lost wages and pain and suffering. While most toxic tort cases arise from exposure to pharmaceuticals or occupational hazards, people are often exposed to toxic chemicals at home, from medical devices or other consumer products.

Asbestos exposure has been subject of many toxic tort cases, but there have been many others to arise from persistent worker exposure to a numerous toxic chemicals in industrial and other employment settings.

Trade Secret

A business’ trade secrets include private, confidential information such as business practices, recipes, proprietary techniques and other secrets important to its successful functioning. 

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U

U.S. Patent and Trademark Office

The federal office charged with reviewing and approving or denying patents, trademark registration and service marks.

Underinsured/Uninsured

These are insurance terms describing situations where in automobile accident cases, the driver of the automobile which caused the accident does not have sufficient automobile insurance coverage to pay for injuries to the party not at fault. The party who was not at fault may nevertheless recover from his or her own insurance policy for such damages if the driver purchased underinsured or uninsured motorists coverage.

Unemployment compensation

Unemployment compensation benefits are obtained in Ohio through the Bureau of Jobs and Family Services. The amount and duration of benefits depends upon the time employed and are generally payable if termination from employment was not caused by the employee’s willful conduct or intentional act.

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W

Wage Continuation Agreement

Following a worker’s compensation claim, some employers may offer to replace a worker’s wages and continue health benefit coverage while the employee is off work. Wage continuations sometimes include contributions to the worker’s retirement plan and payment of full wage rate.

White Collar Crimes

Embezzlement, securities fraud, money laundering and other crimes involving theft or false representation for obtaining money are examples of white collar crimes. Crimes in this class are committed by business people, professionals and public officials.   


Work Permit

Persons who are not citizens or lawful permanent residents must apply for an Employment Authorization Document (“work permit”) to prove they may work in the United States. It is the responsibility of U.S. employers to be sure all employees have permits to work in the U.S., regardless of citizenship or
national origin.

Wrongful Termination

Wrongful terminations are those where an employee is terminated based on age, sex, race, disability and other discriminatory or illegal reasons. Workers are protected by public policies found in existing laws and should consult with an employment attorney if they feel they were subject to wrongful termination.

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Z

Zoning

Organized by geographic boundaries, zoning laws state how land can be used and buildings of specific types and sizes can be allowed on certain lots by businesses, private users or other entities. Parking spaces, the distance a building can be from a street or from another building, landscaping, the
type of business and other considerations are subject to zoning laws in most communities. Such laws are usually made and governed by units of
local government.

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A-D | E-H | I-M | N-Q | R-U | V-Z

 

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