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| The defendant's pleading which responds to the plaintiff's petition or complaint. |
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| An instrument evidencing a transfer of personal property |
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| The heading on a pleading, containing name of court, county, parties, and the title of the document |
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| Law evolving from ancient custom, from judicial decision and casual statues, as contrasted with concerted plan of statutory enactments. |
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| Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment afainst the one who failed to act. |
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| Taking tesstimony outside the courtroom before a court reporter with the other side present for purposes of cross examination. The testimony is given under oath and reduced to writing. |
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| The power to take private property for public use through condemnation proceedings and compensation. |
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| A question asking an expert witness to assume proven facts and eliciting witness'opinion based on the facts. |
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| Responsible; chargeable with. |
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| The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action. |
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| An instrument used to frame the issues in the lawsuit |
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| Greater weight, said of evidence |
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| The pleading that responds to an answer |
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| The agreement of counsel as to existence of certain facts or circumstances. |
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| The claim that a defendant may make against a plaintiff in the plaintiff's action against him. |
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| One against whom the action is brought against |
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| The expenses of a trial or proceeding which may be charged to one or both of the parties. Usually does not include the attorney's fees. |
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| The case summaries which follow and construe the statutes printed in the commercially produced statute books. They are not official. |
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| That offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn. |
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| One which cannot agree on a verdict. |
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| Witness who manifests so much hostility or prejudice under examination in chief that the party who has called witness is allowed to cross-examine him i.e.,to treat witness as though he had been called by the opposite party |
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| Dismissal without trial which bars the assertion of the same cause of action or claim against the same party. |
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| Dismissal without prejudice |
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| Dismissal without trial which permits party to bring another civil action for the same cause unless civil action is otherwise barred. |
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| A court order prohibiting some action. |
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| Monetary compensation awarded to plaintiff in a lawsuitin excess of what compensates for property loss, awarded to redress for mental anguish suffered from defendant's misconduct or to punish defendant for wrong and evil actions. |
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| Decision given by court without delay or formality of full proceedings |
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| The relative value of the totality of evidence presented on one side of a judicial dispute, in light of the evidence presented on the other side. |
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| Work done by an attorney in the process of representing the client which is ordenarily not subject to discovery |
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| Charging more than the legal rate of interest |
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| Acts which impede the court. It can be failure to carry out an order, or it can be disrespectful conduct |
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| A system of correlated rules or standards that |
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| Formality of court's inquiry of prisoner as to whether he or she has any legal cause to show why judgment should not be pronounced against him/her on verdict of conviction |
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| In a court's decision the statement of a rule or principle of law which is not essential to the determination of the issues in a particular case but is used to explain the court's reasoning |
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| By or for one person, not adversary |
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Definition
| A right of access onto, over, under, or across real property |
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Definition
| an ownership of property by two or more persons when one joint tenant dies, his/her interest passes to the other tenants |
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| Temporary or immediate; not final |
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| Appointed to protect a minor defendant's interests during specific litigation |
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| Order of a higher court directing a lower court to take certain action. |
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| Things done; especially the acts and declarations admissible in evidence that form the environment of a litigated issue, considered as exce[tion to hearsay rule |
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| The arrangement (or the fee) where a lawyer undertakes to represent a client; usually refers to a continuing arrangement. |
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| Above, earlier in the document. |
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- A joint tenancy of two or more people, but
when one tenant in common dies, his/her interest passes to his/her
heirs, etc., not to the other tenants. |
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| Rights which accrue to the owner of land on the banks of a waterway. |
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| the place of jurisdiction |
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| grossly negligent or careless |
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| The trial court where a case is tried to a jury as distinguished from an appellate court |
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| Destruction of a witness’s credibility |
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That which tends to incriminate or bring about a
criminal conviction. |
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Definition
The actual place that is home to the person. It’s stronger
than residence. You can have several residences simultaneously but
only one domicile. |
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Term
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Definition
In contract law, it’s value given or received; it can be
money, services, property, or mutual performances; the factor that
makes a contract binding |
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Term
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Definition
Evidence from the most reliable source; an original
as against a copy. |
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Definition
| Appellate review proceeding examination action of an inferior court for further information; a writ or review or inquiry. |
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Term
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Definition
A pleading which says, “I admit, for the purposes of
argument, that your claimed facts are true, but those facts do not give
you a valid claim against me. |
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Definition
The process of taking some security to guarantee that an
accused person will appear at a hearing or trial. |
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Definition
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Term
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| - Anew; starting over as though not done before. |
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Definition
The monetary redress which one seeks to recover from
another |
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Definition
A verdict that the judge instructs the jury to return
which it must do. Used when there are no factual issues for the jury to
decide |
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Definition
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Term
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Definition
Lawyer appointed by judge to sit on the bench when
the regular judge cannot be there |
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| With bad faith (opposite of bonafide). |
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Definition
Surrender of an alleged criminal by one state to
another |
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Definition
The opinion of a judge who does not agree with the majority
of the court |
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Term
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Definition
As used in property or contract law, means the interest that a
person has in property he/she is mortgaging or is buying; the amount
remaining over and above the amount of the mortgage thereon or
balance due on the purchase price under the contract to buy the same. |
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Term
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Definition
A thing or point formerly in controversy but now
judicially settled |
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Definition
| The written law as enacted by the legislature. |
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| On the first appearance. A prima facie case is such as will suffice until contradicted and overcome by other evidence |
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Definition
A lien on goods or personal property to secure
payment on the purchase price of goods on the installment plan;
replaces the old chattel mortgage |
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