The Night Docket

One Word

One legal word at a time: what it means, where it came from, and what it does inside a case. The vocabulary of a Texas injury or civil rights case, explained by the lawyer who has to use it.

64 entries, newest first
Entry 127One Word

Guard

What the rear impact guard on a trailer is actually required to do, the 2022 upgrade to thirty-five miles an hour, the corner hit the standard still does not test, why there is no side guard rule at all, and what a lawyer measures when a car goes under.

Entry 126One Word

Intoxication Manslaughter

The Texas felony that needs no intent to hurt anyone, why a charge under it lifts the cap on what a civil jury can award, how a conviction travels into the civil case, and why the civil case does not wait.

Entry 125One Word

No Refusal

What a no-refusal weekend actually is, why Texas now needs a warrant to take a driver’s blood, what refusing costs, and how that blood result later becomes evidence in the civil case.

Entry 115One Word

Wrongful Death

The law splits a death into two claims, wrongful death for the family and survival for the person who died. Who may bring each, what each recovers, and the two-year clock.

Entry 114One Word

Gross Negligence

Ordinary negligence is a mistake the law makes you pay for. Gross negligence is a choice a jury can punish. Its two prongs, the clear-and-convincing bar, and the door to exemplary damages.

Entry 113One Word

Logbook

A tired trucker is a loaded weapon, and the logbook is where it shows. The federal hours-of-service record, the electronic log that replaced the paper comic book, and why you preserve it the same day.

Entry 111One Word

Intoxication

In the criminal case, intoxication is a number. In the civil case it is a decision, and the decision is what opens the door past ordinary negligence to gross negligence and the dram shop.

Entry 110One Word

Excursion

A rollover rarely kills with the roll. It kills with the few inches the body travels toward a roof coming down to meet it. Occupant excursion, roof crush, and where the two meet.

Entry 109One Word

Limitations

The strongest case is worth nothing if the clock ran out. The statute of limitations ends a claim before it is heard. When it starts, what stops it, and why it is the first duty in any case.

Entry 108One Word

Negligent Entrustment

You can be liable for a crash you were nowhere near, if you handed the keys to someone you knew was dangerous. Negligent entrustment reaches the owner who put an unfit driver behind the wheel. Its elements, and the record that proves them.

Entry 107One Word

Respondeat Superior

The Latin means ‘let the master answer.’ It puts the employer on the hook for the harm its employee does on the job, and in a truck case it is the bridge from a driver who cannot pay to a company that can.

Entry 106One Word

Negligence Per Se

Break a safety statute and the law can hand you the standard of care ready-made. Negligence per se turns the violation into the breach itself, so you fight causation, not carelessness. Its two conditions, and its limits.

Entry 104One Word

Homicide

A medical examiner’s ‘homicide’ is not a criminal charge and not a verdict. It is a classification meaning death at another’s hands. What that ruling proves in a civil case, and what it does not.

Entry 103One Word

Failure to Yield

It sounds like fault is settled. It isn’t. ‘Failure to yield’ is a conclusion about right-of-way that hides questions of speed, sightline, and timing, and a police officer’s on-scene finding is not a verdict.

Entry 102One Word

Passenger for Hire

Three words that can pull a defendant’s damages cap out from under it. When an injured worker is a ‘passenger for hire,’ the 1851 Limitation Act stops shielding the shipowner. Hunter Marine, and why the category is the case.

Entry 100One Word

Custody

One word switches Miranda on, and it is not arrest and not the questions. Custody: held tightly enough that the Constitution starts counting. Miranda v. Arizona, and the line a traffic stop usually does not cross.

Entry 099One Word

Excessive

When is police force too much? The Fourth Amendment answers with one word, reasonable, and Graham v. Connor turned it into the test every excessive-force case runs on: objective reasonableness, measured moment by moment.

Entry 098One Word

Character

The law is wary of proving conduct by character: that a person is the ‘type’ to do it is usually not allowed to prove he did it. Texas Rules 404 and 405, and the reasons behind the wall.

Entry 097One Word

Burden

The burden of proof decides who loses when the evidence is a tie: which side must prove its case, and how sure the jury must be. Often the quiet hinge the whole trial turns on.

Entry 088One Word

Immunity

Qualified immunity is why a civil rights plaintiff can be right about the facts, right about the Constitution, and still lose. The two questions it asks, and why a ruling that strips it away matters.

Entry 085One Word

Expert

Most witnesses can only say what they saw. An expert says what it means. Texas Rule 702 and the Robinson reliability gate, and why the fight over an expert is often the case.

Entry 084One Word

Relevance

The lowest bar in evidence law, so low almost everything clears it. The real fight is one rule over, at Rule 403. Texas Rules 401 to 403, and where the battle actually is.

Entry 082One Word

Privilege

Almost every rule of evidence lets the truth in. Privilege keeps it out on purpose. Texas Rule 503, work product, the crime-fraud limit, and why the law guards the conversation over the case.

Entry 080One Word

Seaman

One word decides whether an injured maritime worker sues his employer before a jury or is left with a schedule of benefits. The Jones Act, Chandris, and how Sanchez sharpened the line.

Entry 079One Word

Best Evidence

The name promises a grand principle and delivers a plumbing fixture. To prove what a document says, bring the document. Texas Rule 1002, and where it actually bites.

Entry 074One Word

Anguish

It is the softest word in the jury charge and the hardest to prove. It sounds like a feeling. It is an event in the body.

Entry 075One Word

Excited Utterance

The rules spend a whole chapter keeping out-of-court words out. Then they open a door for the words a person blurts before the mind can shape them.

Entry 070One Word

Hearsay

The most misunderstood word in evidence. An out-of-court statement offered for its truth, and Texas Rule 802 keeps it out unless a rule lets it in.

Entry 071One Word

Habit

Character evidence is barred; habit is the exception the rules welcome. Texas Rule 406, and where habit ends and character begins.

Entry 072One Word

Objection

Not a complaint — the act that preserves error for appeal. Texas Rule 103: timely, specific, the offer of proof, and the silence that waives it all.

Entry 068One Word

Foundation

Before a jury can see a document, a photo, or a recording, you must prove it is what you say. Texas Rule 901, and the order of questions that gets it in.

Entry 069One Word

Refresh

You can hand a forgetful witness almost anything to jog the memory. But the moment you do, the other side gets to see it. Texas Rule 612.

Entry 067One Word

Leading

A leading question carries its own answer. Barred on direct, the whole instrument on cross. Texas Rule 611(c), and the craft Irving Younger taught.

Entry 065One Word

Impeachment

On cross, it usually means the prior inconsistent statement. How Texas Rule 613 works, and the discipline of using it well.

Entry 064One Word

Totality

In an excessive-force case, the whole encounter is on trial, not just the last two seconds. Barnes v. Felix, 2025.

Entry 063One Word

Deblading

When a truck tire lets go on the highway, the word is deblading. It is almost never bad luck. It is a paper trail.

Entry 057One Word

Comparative Fault

In Texas, being partly at fault does not end your case. It divides it. The line at fifty percent, and why it decides everything.

Entry 054One Word

Res Ipsa Loquitur

Some accidents prove themselves. The doctrine that lets the fact of the harm speak when the how is hidden.

Entry 052One Word

Permit

The heavy load that hits a bridge is not just a driver's mistake. It is a paper trail, and the paper names everyone who signed off.

Entry 049One Word

Flight

A crash is one wrong. Driving away is a second, and the law treats the leaving as its own kind of harm.

Entry 050One Word

Manslaughter

A criminal charge after a fatal crash feels like the answer. In the civil case it is a beginning, not a verdict.

Entry 051One Word

Seizure

Before a court weighs whether police force was reasonable, one word has to be true. Where a civil rights case begins.

Entry 047One Word

Scope

When a driver on the job hurts someone, the case turns on one word. Was he inside the scope of the work, or off on his own.

Entry 045One Word

Foreseeable

The law does not ask whether the defendant saw this exact accident coming. It asks whether a reasonable person would have seen this kind of harm.

Entry 042One Word

Mitigation

After the harm is done, the law asks you to help the person who caused it. The duty to mitigate, and the defense that hides inside it.

Entry 039One Word

Duty

Before a jury asks whether someone was careless, the law asks a colder question: was care owed at all.

Entry 038One Word

Delta-V

A crash is not about how fast you were going. It is about how fast you stopped.

Entry 036One Word

Stillness

We call it rest. The nervous system calls it something older, and treats it as a threat.

Entry 033One Word

Deliberate

Careless is a tragedy. Deliberate is a decision. Only one is a civil rights case.

Entry 030One Word

Custom

Custom tells you what is usual. It does not tell you what is safe.

Entry 029One Word

Spoliation

The strongest exhibit in the file is sometimes the one that went missing.

Entry 027One Word

Proximate Cause

A dropped package, a falling scale, and the doctrine that lets a court say no when everything says yes.

Entry 026One Word

Standing

Before a court hears a word about the merits, it asks a stranger question: are you allowed to be here.

Entry 025One Word

Inspection

A wheel broke, and the train kept rolling for miles. The paperwork is not the inspection.

Entry 023One Word

Ringleader

The circus named the one who runs the ring. The law spends its life proving who he is.

Entry 019One Word

Hypocrisy

Juries forgive mistakes. Not the company that wrote the rule and broke it.

Entry 016One Word

Notice

A hazard is bad luck. A hazard they knew about is a decision.

Entry 013One Word

Accident

An accident is a thing that happens. A crash is a thing somebody did.

Entry 012One Word

Preserved

No objection, no appeal. The trial lawyer plays two games at once.

Entry 011One Word

Enough

The Okinawans stop at eighty percent. The best caseloads work the same way.

Entry 010One Word

Outgunned

A thousand lawyers. One man. One shared hallway on the thirty-ninth floor.

Entry 007One Word

Because

Jurors build stories, and stories run on causes. The one-sentence test of a case theory.

Entry 004One Word

Never

Some words describe. Never legislates.

Entry 001One Word

Reckless

Negligent is a shrug. Reckless is a decision.