Jack Gilbert

Legal Malpractice Law Media Law Professional Responsibility & Ethics Law

What is the burden of proof?

March 26, 2026

The burden of proof is the legal duty to prove a claim, and the required standard is typically “preponderance of the evidence” in civil cases...

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Civil Litigation Employment Law Personal Injury Law

What is preponderance of evidence?

March 26, 2026

Preponderance of the evidence is the civil proof standard requiring a party to show their claim is more likely true than not—often described as just...

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Civil Litigation Insurance Bad Faith Law Personal Injury Law

What is punitive damages?

March 26, 2026

Punitive damages are extra money a court may award on top of compensatory damages to punish especially reckless or intentional wrongdoing. They’re meant to deter...

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Civil Rights Litigation Contract Law Personal Injury Law

What is nominal damages?

March 26, 2026

Nominal damages are a token court award—often $1 to $100—given when a plaintiff proves a legal right was violated but shows no measurable monetary loss....

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Business Litigation Civil Litigation Employment Law

What is injunctive relief?

March 26, 2026

Injunctive relief is an equitable court order that compels a party to act or to stop acting to prevent irreparable harm. Courts commonly require showing...

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Civil Litigation Domestic Violence Law Family Law

What is a restraining order?

March 26, 2026

A restraining order is a court order that legally requires one person to stop certain behavior and stay away from another person. It can protect...

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Civil Litigation Domestic Violence Law Family Law

What is a temporary restraining order?

March 26, 2026

A temporary restraining order (TRO) is a short-term, emergency court order that can be issued quickly to protect someone from harm, threats, or harassment. It...

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Alternative Dispute Resolution (ADR) Civil Litigation Mediation

What is mediation?

March 26, 2026

Mediation is a voluntary alternative dispute resolution process where a neutral third-party mediator helps both sides reach a mutually agreed settlement without a judge deciding...

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Alternative Dispute Resolution (ADR) Arbitration Commercial Litigation

What is arbitration?

March 26, 2026

Arbitration is a private dispute-resolution process where 1 neutral arbitrator hears both sides and issues a decision, often faster than court. It’s commonly used in...

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Arbitration Collaborative Law Mediation

What is alternative dispute resolution?

March 26, 2026

Alternative dispute resolution (ADR) is the umbrella term for resolving disputes outside court, commonly through three core methods: negotiation, mediation, and arbitration. ADR is usually...

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Civil Litigation Insurance Law Personal Injury Law

What is a settlement?

March 26, 2026

A settlement is a legally binding agreement between two or more parties to resolve a dispute without going to trial. It typically involves negotiation and...

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Civil Litigation Insurance Law Personal Injury

What is compensatory damages?

March 26, 2026

Compensatory damages are court-ordered payments meant to reimburse an injured person for economic and non-economic losses caused by another party. They commonly include medical expenses,...

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