The tribunal or forum where the trial occurs, as well as the judge himself.

The judge is the trier of law at the trial.

When multiple defendants may be found liable as a group (jointly) or

separately (several).

Money paid to an attorney to secure her services; also refers to the

contract between the attorney and the client. When an attorney has been

“retained,” she works in a representative capacity on behalf of the client.

When an attorney acts on behalf of a client in court. This action may be

either a personal appearance in front of the judge or the filing of a

document (such as a complaint or motion) with the court on behalf of the

client.

Once an attorney has entered an appearance, he or she is the attorney-of-record

in the case.

Process is the summons and complaint. Service of process is the delivery of the summons and complaint upon the defendant in a court action. Service is usually done in person. However, service may, in some circumstances, be made by mail, by publishing a notice in a newspaper or

by serving a company. Serving a company is often accomplished by serving a registered agent (someone who accepts service on behalf of a company).

A claim by the defendant against the plaintiff. Sometimes the only determining factor as to whether a claim is an affirmative defense or a counterclaim is whether the defendant is alleging damages. If this is the

case, it becomes a counterclaim. A counterclaim is, in essence, a pleading presenting the defendant’s complaint against the plaintiff

The methods whereby one party obtains relevant information on a case from the other party. The method that attempts to even the playing field between parties by exposing all relevant facts upon which the court will

ultimately base its decision. ___________is between the parties and does not directly involve the court, although the Certificate of Mailing for each document is often filed.

a type of discovery

Written questions to the opposing party that must be answered under penalty of perjury

Example: Describe the events leading to the accident.

 a type of discovery 

Written statements the opposing party must admit or deny under penalty of perjury. Failure to respond within a specified period of time (in most cases, 30 days) means that the statements are assumed to be admitted.

Example: Admit or deny you had been drinking alcohol shortly before the accident.

A type of discovery 

A request that documents or other physical items be provided for inspection. Also referred to as a Request for Production or Inspection of Documents or Property.

Example: Please produce any and all receipts for Acme Dry Cleaning between February 1 and February 14, 2011

A type of discovery 

Request that the other party (usually the plaintiff) be subjected to a _________or________ examination. This is a form of discovery that may require court approval so that it cannot be used to intimidate

Oral questions that must be answered under oath. __________take place out of court, most often in an attorney’s office, with a court reporter transcribing the testimony. A court reporter is a person trained to use a stenography machine to take testimony, verbatim, in

court or at a __________. Attorneys from both sides must be present and will have the opportunity to ask questions. ___________can take place for the purpose of questioning the opposing party or for questioning witnesses. _____________are sometimes videotaped and audio taped.

When a document is filed with the court or when discovery is sent to a party, a certificate of mailing is usually attached. This certificate attests that a true and correct copy of the document was sent to all parties involved in the litigation. The certificate should be signed by the person

who places it in the mail, unless the state requires an attorney’s signature. This is often replaced with a Receipt of Copy (ROC).

A pretrial motion asking the court to determine the outcome of the case based on the pleadings and motions rather than going to trial with a jury. The argument is that there are no material facts in dispute, only law, and

since the jury is the trier-of-fact (as we will see later), there is no need for a jury or trial. This motion may also refer to a motion to limit the issues that will be dealt with at trial, referred to as a partial _______  __________.

Evidence (from personal observation) that tends to establish a fact without the need for an inference.

Example: A witness who sees a gun fired can give direct testimony as to a shooting

Evidence of one fact that requires an inference to establish another fact.

Example: A witness who hears a shot, turns around and sees a man holding a gun can give _________ evidence as to a shooting

voir dire (for the jury)

A method of dismissing a juror for good cause shown, unlimited in number

voir dire (for the jury)

A method of dismissing a juror for which no reason need be given. These challenges are limited in number, commonly three or six.

A person who sits to hear the entire case with the jury, but who will not deliberate or vote on a verdict unless one of the jurors is dismissed. Civil cases in many jurisdictions have no alternates. Instead, the parties and judge agree on the number of original jurors and on how many may be

dismissed

Legal capacity to testify. The elements of _____________are:

• Understanding the obligation to tell the truth

• Knowledge of the topic of the testimony

• Ability to communicate

Establishment of a duty, followed by a breach of that duty, resulting in damages. In order to be actionable, the ___________must have been the proximate cause of the damages. ___________generally means an act is

accidental, not intentional

excuse the jury

A case that is sufficient on its face. This means that, if all facts alleged by the plaintiff are eventually proved true at trial, the plaintiff deserves to be awarded damages. A ______ __________ case must exist at all stages of the

proceedings from the filing of the complaint through trial. If, at any point during litigation, a party can establish that a _______ _________ case does not exist, the case should be dismissed

Majority Opinion 

The appellate court agrees with the decision of the trial court.

majority opinion

The appellate court disagrees with and nullifies the decision of the trial court.

majority opinion

The appellate court alters the decision of the trial court.

majority opinion

The appellate court sends the case back to the trial court for further deliberation.

To make a formal request to the court. Some states refer to complaints as ____________ depending on the type of action filed.

For example, a “__________ for Dissolution of Marriage” would involve a petitioner and respondent rather than a plaintiff and defendant.

The vehicle by which the case is taken from the court of appeals (state or federal) to the supreme court (state or federal). Also, the means by which a case is taken from a state supreme court to the U.S. Supreme Court. The

______ ____ ____________is issued by the higher court. If the higher court approves the petition, the higher court will review the case. If the higher court denies the petition, the decision of the lower court stands. 

A violation of ________ ___________is viewed as harming the community. Therefore, the state acts against the violator. Penalties for violating ______ _________ include fines, community service, and imprisonment. One can

be sued civilly and charged criminally for the same event.

The degree of proof required in a criminal prosecution usually requiring unanimous agreement of the jury. The jury may have some _____and still find the person guilty, but the _____ cannot be __________. If the ______is

____________, the verdict must be not guilty

Legal principle that the government must safeguard the legal rights owed to a person according to the law, including notice of proceedings and a chance to be heard prior to the loss of life, liberty, or property. Also, a

constitutional guarantee that a law shall not be unreasonable

To provide, or to gain, knowledge of legally relevant information. _________is a critical concept applicable in almost every area of law. For instance, a defendant in any legal action, whether civil, criminal, or administrative, has

a right to be “_________” as to that matter. In civil law, having “_____” of certain facts can indicate or increase a person’s liability (such as when a person is aware of a dangerous condition on his or her property).