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Chapter 9
The Lawsuit: Litigation and Discovery Procedure
29
Law
11th Grade
02/01/2011

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Term
adverse peremptory
Definition
One resisting or opposing a claim, judgment, or appeal.
Term
affirm
Definition
Confirm; when a higher court declares that a lower court action is valid and right.
Term
appearance
Definition
To come into court as a party to a lawsuit.
Term
bill of particulars
Definition
A detailed statement of the items of plaintiff's demand in an action or of the defendant's counterclaim.
Term
brief
Definition
Concise summary of the main points of a law case.
Term
certificate of readiness
Definition
Certificate filed with the court clerk indicating that the case is ready for trial.
Term
contempt of court
Definition
An act or omission tending to obstruct or interfere with the orderly administration of justice or to impair the dignity of the court or respect for its authority.
Term
deponent
Definition
Person giving sworn testimony out of court.
Term
deposition
Definition
The testimony of a witness taken under oath and pursuant to law that, when reduced to writing and authenticated by a notary, may be used at the trial.
Term
evidence
Definition
Proof legally presented at the trial of a case through witnesses, exhibits, and so forth.
Term
extension of time to plead
Definition
A stipulation to extend the time for appearance.
Term
interrogatory
Definition
A formal list of questions required to be answered either in writing or orally. It can be either oral, called a deposition, or written.
Term
involuntary dismissal
Definition
The law requires that the action be discontinued when the plaintiff fails to meet certain legal requirements.
Term
judgment creditor
Definition
The person favored by the judgment.
Term
judgment debtor
Definition
The person against whom the judgment is rendered and who must pay the other party.
Term
notice of lis pendens
Definition
Notice of a pending suit.
Term
modify
Definition
To alter; to change.
Term
overrule
Definition
To refuse to grant, to deny or annul.
Term
peremptory
Definition
Not requiring any explanation or cause to be shown. For example, a peremptory challenge to a juror means that either side in a trial has the right to excuse a certain number of possible jurors before the trial without giving any reason.
Term
peremptory challenge
Definition
The right to eliminate a juror for no stated reason.
Term
preponderance of evidence
Definition
Evidence that carries the greater weight; the evidence that has the most validity.
Term
pretrial conference
Definition
Informal hearing held by the attorneys before the trial judge prior to the trial of a case, in which any matters that might aid in the disposition of the action are discussed and resolved.
Term
reverse
Definition
Set aside; for example, when a higher court reverses a decision of a lower court.
Term
satisfaction
Definition
Discharge of an obligation by paying what is due or what is awarded by judgment of the court.
Term
subpena
Definition
A process to compel a witness to appear and give testimony (also spelled subpoena).
Term
subpoena duces tecum
Definition
Duces tecum is a Latin term meaning "bring with you"; a subpena ordering the witness to bring along specified materials or documents.
Term
sustain
Definition
(by the court)Uphold a motion or a claim and to grant it.
Term
sustained
Definition
Granted, established, kept, or maintained.
Term
voluntary abatement
Definition
The process by which both parties agree to settle out of court.
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