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| A legal concept generally accepted by most courts that offers guidance. Legislatures will sometimes codify or make into law. |
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| Joint and Several Liability |
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| When multiple defendants may be found liable as a group (jointly) or separately (several). |
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| When an attorney acts on behalf of a client in court. Either a personal appearance with a judge of filing a document with the court. |
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| When a federal court hears a case based on the fact that parties are from different states and that the amount of money exceeds $75000 (minimum). |
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| The pleading that INITIATES LITIGATION. Filed by the plaintiff, contains the general allegations against the defendent. |
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| One of the REQUIRED ELEMENTS of a complaint, a legally valid reason to sue. |
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| A common legal phrase that qualifies a statement as being fact only to the best knowledge of the person making the statement. |
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| Element of a complaint that asks for damages. Also called the "Wherefore clause" or "Prayer for Relief." |
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| A document filed with the Court to take some spenefic legal action. A MOTION asks the court to RULE; a PLEADING states the party's position. |
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| A WRITTEN STATEMENT OF FACT sworn to under oath. |
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| One who SIGNS an affadavit. |
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| The jurisdication over a person. Jurisdiction where the person lives |
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| Jurisdiction over the controversy, often property. |
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| Quasi in Rem Jurisdiction |
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| Jurisdiction over property even though the property isn't in the controversy. |
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| ATTACHMENT TO THE TITLE of a piece of propert notifying any purchasers that the title is subject to the outcome of litigation. |
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| An ADMISSION that a specific act did occur, arguing that the plaintiff isn't at fault. Intended to eliminate or reduce damages. |
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| A claim by the defendant against the plaintiff. The difference between counterclaim and affirmative defense is whether the defendant is claiming damages. |
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| A claim by one defendant against a co-defendant. Third party cross claims are also cross claims. |
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| A judgment by the court in favor of the plaintiff, based on the defendants failure to respond. |
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| Methods where one party obtains relevant information on a case from the other party.DOES NOT DIRECTLY INVOLVE THE COURT. Certificate of Mailing are often filed. Five Common Methods |
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| Written questions to the opposing party that MUST be answered under penalty of perjury. |
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| Request for Admissions: Discovery |
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| Written statements the opposing part must admit or deny under penalty of perjury. Failure to respond (30 days) means the statements are assumed to be admitted. |
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| Request for Production: Discovery |
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| A request that documents or other physical itemsto be provided for inspection. |
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| Request for Mental or Physical Examination: Discovery |
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| Request that the other party (usually the plaintiff) be subjected to a mental or physical examination. |
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| Request for Desposition: Discovery |
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| Oral questions that must be answered under oath. Take place out of court, most often at an attorney's office with a court reporter transcribing testimony. Attorney's from both sides must be present. Sometimes video or audio recorded. |
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| The party to whom the third party complaint was filed. |
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| Certificate of Mailing or Service |
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| Attests that a true and correct copy of the document was sent to all parties involved in the litigation. |
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| A hearing at which only one party is present. eg: Hearing of motion or restraining order. |
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| Document filed with the court to argue a legal issue, relying on law to support the party's position. Often filed in support of a motion. |
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| Motion for Summary Judgment |
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| Pretrial motion asking the court to determine the outcome of the case based on the pleadings oand motions rather than going to trial with a jury. |
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| An agreement between counsel for the parties regarding a fact, issue or point that will not be disputed at trial. |
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| A legal question to be answered by the court. |
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| That which tends to establish or disprove a fact. |
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| Evidence from personal observation that tends to establish a fact without the need for an inference. |
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| Evidence of one fact that requires an inference to establish another fact. |
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| Evidence given orally, also called testimonial evidence. |
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| Evidence that can be touched, also called tangible or demonstrative evidence. |
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| To question prospective jurors, challenge for cause or a peremptory challenge (no reason necessary). |
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| The degree to which something must be proved at trial.The party making the allegation bears the burden of proof. |
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| Preponderence of Evidence |
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| Burden of proof in civil cases means that it is more likely than not that a fact is a alleged. |
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| A rule that witnesses in any case may not be in the courtroom during the testimony of other witnesses. Mostly used in criminal cases. |
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| The document issued under the authority of the court to compel the appearance of a witness. |
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| Document issued under the authority of the court to appear and ordering the witness to provide specific documents. |
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| The value of probing or pursuing a line of questioning. |
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| An attorney making statements or repeating a previously overruled motion to protect any right to appeal at a later point. |
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Legal capacity to testify. Elements are:
Understanding the obligation to tell the truth
Knowledge of the topic of the testimony
Ability to Communicate |
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| Questions directed at a witness who is under oath in court or at a deposition. |
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| Questioning the witness first. The party calling the witness to the stand conducts the direct examination. |
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| After direct, the other party may cross-examine the witness but is limited in scope to the topics brought up under direct examination. (Within the scope) |
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| The party conducting the direct conducts a redirect to clarify matters brought up during cross. The party conducting redirect cannot introduce a new line of questioning but limited to matters discussed during CROSS. |
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| The party conducting cross conducts the recross. Many courts don't allow. |
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| The event or point at which a series of incidents begins, ultimately resulting in an event with damages. |
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| Attorney's must MOVE for a piece of evidence to be admitted into evidence. If the motion is granted, the evidence is assigned a number/letter and labeled. |
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| Motion for Directed Verdict |
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| The court is asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case. |
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| A case that is sufficient on its face. This means that, if all facts alleged by the plaintiff are eventually proved to be true, the plaintiff deserves to be awarded damages. MUST EXIST AT ALL STAGES OF THE PROCEEDINGS from complaint through trial. |
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| To question a potential withness to determine his or her competency or the appropriateness of his or her testimony. |
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| Motion for Judgment NOV (Notwithstanding the Verdict) |
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| A motion askingthe court to disregard the jury's verdict and replace it with the courts own verdict. NOV is Non Obstante Verdicto. |
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| When the judge adds to the amount the jury awarded. |
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| The process whereby a judge subtracts from the amount of damages a jury has awarded. (Inverse of an additur.) |
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| Appeal as a Matter of Right |
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| Loser in the trial courty has the right to have his or her case heard by the next highest appelate level court in civil court. Some appeals are mandatory (death penalty) |
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| Written notification in motion form that a party intends to appeal. Most court riles require that the motion be filed with the trial court, the appelate court and sent to any other parties involved in the action. |
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| A sum of money held by the court to ensure that the funds form the award will be available after the appelate process. |
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| Doctrine stating that case that has been decided on its merits may not be re-litigated. |
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| The person inititating an appeal. |
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| The party responding to an appeal. |
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| A written argument by a party covering the issues, called "points of error," on appeal. The brief by the appellant is usually referred to as an "appellate brief." Respondents is "Respondent Brief." |
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| The questions that are the basis for the appeal. Also called "issues of appeal." |
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| When the entire appellate level court sits to hear and decide a case, indicating the case has a higher level of importance. |
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| The strongest form of opinion. When more than fifty percent of the court agrees on a decision. A majority opinion is law until it is superseded or overturned. |
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| The appellate court agrees with the decision of the trial court. |
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| The appellate court disagrees with and nullifies the decision of the trial court. |
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| The appellate court alters the decision of the trial court. |
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| The appellate court sends the case back to the trial court for further deliberations. |
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| Opinion of one or more judges that agree with the results of the majority but arrives at that result for different reasons. |
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| Opinion that disagrees with the majority opinion. |
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| To make a formal request to the court. Some states refer to complaints as petitions. |
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| A second chance to present arguments to the court on the same issues. |
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| Petition for Writ of Certiorari |
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| The vehicle by which the case is taken from the court of appeals (state or federal). Alse the means by which a case is taken from the State Supreme Court to the US Supreme Court. The writ is issued by the higher court. If the higher court denies the petition,the decision of the lower court stands. |
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| Defendant released without being required to post bail. |
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| The decision of the prosecutor not to prosecute, even though he or she believes there is sufficient evidence to do so. |
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| To declare a defendants position in a criminal trial. Guilty, Not Guilty or Nolo Contendre |
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| No contest. Guilt without admission of guilt. |
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| Beyond a Reasonable Doubt |
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| The degree of proof required in a criminal prosecution usually requiring unanimous agreement of the jury. |
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| Article IV, Section 1 of the Constitution establishes that individual states within the US must respect the to the laws and judgments in other states. |
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| The principle that a court should follow previous court decisions unliess there exists a compelling reason not to. Related to the concept of precedence. Means "let the decision stand." |
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| Legal principle that the government must safeguard the legal rights owed to a person according to the law, including notice of proceedings and chance to be heard prior to the loss of life, liberty or property. |
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| To provide, or to gain, knowledge of legally relevant information. Notice is a critical concept applicable in almost every area of law. For example: a defendant in any legal action has a right to be noticed as to that matter. |
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| the end or modification of a law |
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| To encourage...aid and abet |
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| a person who assists without participating |
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| Latin for "he promised." A claim of obligation. |
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| Taking or carrying something unlawfully. |
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| creating an inviting or tempting atmosphere around a source of potential danger |
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| Heading of a legal document. The caption of a pleading contains the court, parties and title of the document. |
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| the relation between cause and effect |
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| complete; able to stand up against future claims |
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| a private discussion between the lawyers and judge |
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| an appeal made prior to or during a trial asking the higher court to provide a ruling on limited issues, not to determine final judgment. |
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| a question of law about a matter that will ultimately be decided in court. |
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| Lation for "by the fact itself" |
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| the doctrine that dictates that enforcement of a legal right can be denied if the person seeking to enforce the right unreasonably delayed the action to the prejudice of the person against whom the action is filed. |
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| the commission of an unlawful act by a public official |
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| a lawful act improperly conducted |
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