Term
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Definition
All the property left by someone who has died. |
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Term
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Definition
A violation of civil law does not directly harm the community; the person harmed sues the violator. |
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Term
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Definition
The tribunal or forum where the trial occurs, as well as the Judge. The judge is the trier of law at the trial. |
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Term
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Definition
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Term
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Definition
An amount of money paid to atone for injury or economic loss. |
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Term
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Definition
A legal concept generally accepted by most courts, which although often not law, offers guidance the court. Legislatures will sometimes codify, or make into law, a popular doctrine. |
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Term
Joint and Several Liability |
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Definition
When multiple DEF'S may be found liable as a group (jointly) or separately (several). |
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Term
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Definition
money paid to an attorney to secure his/her services. Also refers to the contract between attorney & client. An Attorney has been "retained" when he/she works in a representative capacity on behalf of the client.
$$$$$$$$$$$$$$$$$$$$$$$$$$ |
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Term
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Definition
When an attorney acts on behalf of a client in court. It may be either an appearance in court in front of the judge or the filing of a document with the court on behalf of the client. |
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Term
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Definition
Once an attorney has entered an appearance, they are the atty-of-record in the case. |
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Term
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Definition
The place of the trial, the physical location. |
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Term
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Definition
When a federal judge hears a case based on the fact both parties are from different states AND the amount of money claimed as damages exceeds the minimum set by federal statute is $75K. |
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Term
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Definition
The party that initiates the action by filing a complaint claiming injury or harm. |
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Term
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Definition
- The time limit for filing suit.
- Suits filed after the time limit has run out will be dismissed.
- The clock generally starts to click at the time the damaged occurred (but not always - sometimes its when the person find out about the harm).
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Term
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Definition
- The pleading that initiates litigation filed by the Plaintiff.
- it contains the general allegations against the Def
- it is served with the summons
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Term
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Definition
- A legally valid reason to sue
- One of the required elements of a complaint
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Term
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Definition
- Equivalent to "This is what i believe happened"
- common legal phrase that qualifies a statement as being a fact only to the best knowledge of the person making the statement
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Term
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Definition
The party against whom a complaint is filed |
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Term
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Definition
- also called "wherefore clause" or "prayer for relief"
- Element of a complaint that askes for damages
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Term
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Definition
multiple defendants in a legal action |
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Term
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Definition
- a document filed with the court asking the court to take some specific legal action
- a motion asks the court to rule in a procedural matter
- a pleading states a party's position in a legal action.
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Term
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Definition
a fact claimed by a party |
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Term
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Definition
- a group of citizens selected from the community to determine the outcome of a case.
- in most cases, either party has the right to demand a jury trial, but if both parties agree, the judge may act in place of a jury. this is most common in very technical issues i.e. complex contract situation
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Term
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Definition
- a document is filed when it is presented to the clerk of the court.
- all documents and copies are date stamped by the clerk of the court at the time of the filing.
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Term
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Definition
the presentation of legal papers |
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Term
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Definition
- process is the summons & complaint
- service of process is the delivery of the summons & complaint upon the DEF in a court action
- service is usually done in person
- service may be made by mail, by publishing a notice in a newspaper or by serving a company
- serving a company is often done by serving a registered agent (someone who accepts service on behalf of a company)
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Term
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Definition
- service of legal papers upon an individual
- as opposed to a business or registered agent
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Term
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Definition
- a person who is permitted by law to serve legal documents
- must be 18 years of age or older & not a party to the action
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Term
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Definition
a written statement of fact sworn to under oath |
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Term
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Definition
one who signs an affidavit |
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Term
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Definition
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Term
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Definition
a person authorized to administer the oath and to verify that an individual signs a legal document
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Term
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Definition
authority of a court to hear and decide a case
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Term
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Definition
jurisdiction over a person |
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Term
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Definition
jurisdiction over the controversy - often property
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Term
quasi in rem jurisdiction |
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Definition
- jurisdiction over property even though the property is not the controversy
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Term
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Definition
- attachment to the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation
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Term
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Definition
- attachment to the title of a piece of property preventing its sale until a previous financial obligation has been satisfied
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Term
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Definition
- laws that govern the procedures of trials
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Term
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Definition
- pleading filed by the defendant in response to the allegations contained in the complaint
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Term
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Definition
- an admission that a specific act did occur arguing that the fault lies not with the defendant
- intended to eliminate or reduce a plaintiff's damages
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Term
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Definition
- a claim by the DEF against the PL
- sometimes the only determining factor whether a claim is an affirmative defense or a counterclaim is whether the DEF is alleging damages
- a pleading presenting the Def's claim against the Plaintiff
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Term
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Definition
- a claim by one defendant against a co-defendant
- when an original defendant sues another original defendant
- third-party claims are also cross claims
- a third-party claim is a pleading where a def sues someone not yet a party to the action
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Term
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Definition
- pleading where a DEF sues someone not yet a party to the action
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Term
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Definition
- this pleading is the plaintiff's response to a defendant's counterclaim
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Term
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Definition
a judgment by the court in the plaintiff's favor based on the fact that the defendant failed to respond in a timely fashion
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Term
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Definition
- a request that the court take a specific procedural step
- pleadings usually state legal positions about the matter before the court
- motions are procedural in nature and act as a request for an order
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Term
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Definition
- the process of asking a court of law to decide the outcome of a dispute
- a lawsuit
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Term
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Definition
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Term
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Definition
- the methods whereby one party obtains relevant information on a case from the other party
- attempts to even the playing field by exposing all relevant facts upon which the court will ultimately base its decision
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Term
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Definition
- written questions to the opposing party that must be answered under penalty of perjury
- one form of discovery
- i.e. describe the events leading to the accident
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Term
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Definition
- Written statements the opposing party must admit or deny under penalty of perjury
- failure to respond within a specified time period (usually 30 days) means the statements are assumed to be admitted
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Term
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Definition
Discovery
- a request that documents or other physical items be provided for inspection
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Term
Request for Mental or Physical Examination |
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Definition
- This is a form of discovery that may require court approval so that it cannot be used to intimidate
- request that the other party, usually the PL, be subjected to a mental or physical examination
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Term
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Definition
- questions that must be answered under oath
- take place out of court in an atty's office with a court reporter transcribing the testimony
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Term
certificate of mailing
or
certificate of service
(mean the same thing) |
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Definition
- When a document is filed with the court or when discovery is sent to a party a certificate of mailing is usually attached.
- The certificate attests that a true & correct copy of the document was sent to all parties
- the certificate should be signed the person who puts it in the mail unless the state requires the atty's signature
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Term
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Definition
- an official command by the court
- usually demanding that one or both parties perform an act
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Term
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Definition
- a proceeding in court where the judge and both parties are present
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Term
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Definition
the right to refuse to testify
OR
to prevent someone else from testifying |
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Term
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Definition
- a hearing where only one party is present
- i.e. a hearing on a motion for a restraining order
- ex parte hearings are not common
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Term
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Definition
- the party against whom the third-party complaint was filed
- the defendant in the original complaint becomes the "third-party plaintiff"
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Term
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Definition
- asking the court to dismiss a case without going to trial
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Term
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Definition
- a case is dismissed and may not be brought up again because the court has made its mind up about the case
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Term
DISMISSED WITHOUT PREJUDICE |
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Definition
- case is dismissed but may be filed again b/c the court has not made up its mind about the matter
- i.e. dismissed without prejudice to re-file
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Term
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Definition
- also called trial memorandum or points of authorities
- this document is filed with the court to argue a legal issue
- it relies on law to support the party's position
- often filed in support of a motion
- it attempts to convince the reader
- only argues points favorable to the client
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Term
motion for summary judgment |
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Definition
- 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 - & since the jury is the trier-of-fact there is no need for a jury or trial
- may also be referred to as a motion to limit the issues that will be dealt with at trial or partial summary judgment
- a successful partial summary judgment determines the outcome of some, but not all the issues, before the court
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Term
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Definition
- a judicial officer who may preside over hearings
- a magistrate does not have all the powers of a judge
- a magistrate ordinarily deals with procedural issues
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Term
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Definition
- meeting b/w the court & the parties for clarification of procedural matters & to promote settlement
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Term
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Definition
- an agreement b/w counsel for the parties regarding a fact, issue or point that will not be disputed at trial
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Term
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Definition
- an agreement to end the litigation for an agreed-upon consideration -- usually money $$$
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Term
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Definition
a legal question to be answered by the court
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Term
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Definition
that which tends to establish or disprove a fact
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Term
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Definition
- evidence from direct observation that tends to establish a fact w/o the need for an inference
- i.e. a witness who sees a gun fired can give direct testimony as to a shooting
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Term
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Definition
- evidence of one fact that requires inference to establish another fact
- i.e. a witness hears a shot, turns around and see a man holding a gun, can give circumstantial evidence as to the shooting
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Term
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Definition
- evidence given orally
- also called testimonial evidence
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Term
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Definition
- evidence that can be touched
- also called tangible or demonstrative evidence
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Term
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Definition
- the evidence that will be allowed to be considered by the jury
- the jury will decide whether or not to believe the evidence
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Term
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Definition
- the court's official calendar for trials and hearings to take place in that courtroom
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Term
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Definition
- to set a date for a trial in which the attorneys, parties, and court agree
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Term
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Definition
- a group of citizens who will be called upon to hear the evidence and render a verdict
- the jury is the trier of fact
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Term
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Definition
a group from which a jury will be selected |
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Term
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Definition
to question potential jurors
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Term
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Definition
- in voir dire, a method of dismissing a juror for good cause shown
- are unlimited in number
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Term
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Definition
- in voir dire, a method of dismissing a juror for which no reason need be given
- these challenges are limited in number - commonly 3 or 6
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Term
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Definition
court employee who keeps order in the courtroom
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Term
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Definition
- 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 & judge agree on the # of original jurors & how many may be dismissed
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Term
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Definition
- presentations made by the attorneys at the beginning of trial stating the facts they intend to prove at trial
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Term
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Definition
- the degree to which something must be proved at trial
- the party making the allegation or claim generally bears the burden of proof
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Term
preponderance of the evidence |
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Definition
- the burden of proof in civil cases means it is more likely than not that a fact is as a party alleges to be
- the burden of proof in criminal matters is beyond a reasonable doubt - a higher standard
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Term
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Definition
- a rule that states a witness in a case may not be in the courtroom during the testimony of other witnesses
- used mostly in criminal cases
- may be used in civil cases at the judge's discretion
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Term
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Definition
- the document issued under authority of the court to compel the appearance of a witness
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Term
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Definition
- a document issued under the authority of the court to compel the appearance of a witness & ordering the witness to provide specific documents
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Term
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Definition
- a formal challenge by opposing counsel to evidence or questions asked of a witness
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Term
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Definition
- a discussion b/w the judge & attorneys
- usually conducted at the judge's bench so the jury cannot hear what is said
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Term
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Definition
- the tendency to cause bias even where no bias has existed previously
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Term
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Definition
- the value of pursuing an investigative or probing line of questioning
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Term
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Definition
an attorney making statements or repeating a previously overruled objection to protect any right to appeal at a later point |
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Term
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Definition
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Term
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Definition
legal capacity to testify
The elements of competency are:
- understanding the obligation to tell the truth
- knowledge of the topic of the testimony
- ability to communicate
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Term
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Definition
questions directed at a witness
- who is under oath in court
- or at a deposition
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Term
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Definition
questioning the witness first
- the party calling the witness to the stand conducts the direct examination
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Term
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Definition
after direct examination,
- the other party may cross-examine the witness
- but is limited to the topics brought up under direct questioning (the "scope")
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Term
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Definition
- the party conducting direct examination conducts the redirect examination to clarify matters brought up during cross
- The party conducting redirect cannot introduce a new line of questioning, but is limited to matters during cross
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Term
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Definition
- the party conducting cross examination conducts the recross examination, but is limited to matters brought up during redirect
Many courts do not typically allow recross examination |
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Term
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Definition
- the event or point at which a series of incidents begins ultimately resulting in an event with damages
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Term
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Definition
- establishment of a duty
- followed by a breach of that duty
- resulting in damages
in order to be actionable, the negligence must have been the proximate cause of the damages
negligence generally means an act is accidental,
not intentional
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Term
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Definition
- the judge instructs the jury to leave the courtroom temporarily
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Term
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Definition
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Term
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Definition
- tending to prove or disprove a fact at issue
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Term
to strike from the record |
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Definition
- to have certain testimony removed from the record of the trial
- usually accompanied by an admonition to the jury that when deliberating they are not to consider the testimony they just heard
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Term
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Definition
the person or persons responsible
for the court files and exhibits |
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Term
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Definition
a physical item presented to support an argument
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Term
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Definition
- an attorney must "move" for a piece of evidence to be admitted into evidence
- If the motion is granted, the evidence will be assigned a number, or a letter, & labeled
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Term
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Definition
when a party is finished presenting evidence - it rests
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Term
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Definition
to present a motion to the court
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Term
motion for directed verdict |
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Definition
- The court is asked to decide the outcome of a case b/c the PL has failed to establish a prima facie case
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Term
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Definition
to halt temporarily, but not end, the trial |
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Term
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Definition
a case that is sufficient on its face
- if all facts alleged by the PL are eventually proved true at trial, the PL deserves to be awarded damages
- a prima facie 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 prima facie case does not exist -- the case should be dismissed
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Term
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Definition
- the court delays a ruling on a motion so that the motion may be considered
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Term
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Definition
- a person who has been qualified by the court to have experience and knowledge in a specific area &
- who will be allowed to express opinions related to his/her area of knowledge
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Term
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Definition
- To establish an expert witness's expertise in a specific area
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Term
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Definition
- to question a potential witness to determine his or her competency or the appropriateness of his/her testimony
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Term
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Definition
- each atty addressing the jury or the court at the end of trial attempting to persuade prior to deliberations
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Term
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Definition
- guidelines to the jury about how the law is to be applied & the facts that may be considered during its deliberations
- May also be referred to as a charge to the jury
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Term
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Definition
- a jury's discussion of the case, in private, following the trial, with the goal of rendering a verdict
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Term
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Definition
the final conclusion of the jury
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Term
foreperson
(foreman or forewoman)
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Definition
- the member elected by the jury to lead the deliberations and speak for the jury
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Term
Motion for Judgment NOV
(notwithstanding the verdict) |
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Definition
- a motion asking the court to disregard the jury's verdict & replace it with the court's own verdict
- NOV stands for Non Obstante Verdicto
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Term
|
Definition
the final conclusion of the court
- in civil cases, the judge usually enters the jury's verdict into judgment
- However, the judge has the power to alter or overturn the jury's verdict
- in criminal cases, the judge cannot overturn a jury's finding of not guilty, but the court may overturn a guilty verdict
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Term
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Definition
When the judge adds to the amount a jury has awarded
Typically, the judge will give the party who must pay the award
- the choice of an increased award OR
- a new trial will be granted to the other side
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Term
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Definition
- the process whereby a judge subtracts from the amount of damages a jury has awarded
- In effect, the judge gives the party awarded damages the choice of either accepting a lesser amount, or a new trial will be granted to the other side
the inverse of an additur |
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Term
|
Definition
- a request that a judge order a new trial because of procedural errors.
- A party must file this motion in order to later appeal--fulfilling the obligation to exhaust all available remedies.
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Term
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Definition
- to ask the court at the next higher level to determine whether the trial court erred
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Term
appeal as a matter of right |
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Definition
- a party who loses in the trial court has the right to have their case heard by the next highest appellate level court in civil court
- There are circumstances in which an appellate level court has no choice but to hear the appeal, such as some death penalty cases in state criminal courts.
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Term
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Definition
- to give up a right
- a waiver may be either voluntary or involuntary or the result of an action, or inaction, by the party.
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Term
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Definition
- to delay the implementation of a court's order
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Term
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Definition
- written notification in motion form that a party intends to appeal
- most court rules require that the motion be filed with the trial court, the appellate court, and sent to any other parties involved in the action.
- a party has the automatic right to one appeal to the next highest court
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Term
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Definition
- a sum of money held by the court to ensure that the funds from the award will be available after the appellate process
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Term
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Definition
- doctrine stating that a case decided on its merits may not be re-litigated
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Term
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Definition
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Term
|
Definition
the party initiating an appeal |
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Term
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Definition
- the party responding to an appeal
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Term
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Definition
- the official collection of all pleadings, exhibits, motions, orders, and transcripts of the trial
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Term
|
Definition
- a written argument by a party covering the issues on appeal
- called points of error
- the brief by the appellate is usually referred to as the appellate brief
- the brief filed by the respondent is usually referred to as the response brief
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Term
|
Definition
- the questions that are the basis for the appeal
- also called issues on appeal
- these questions point to potential errors of the trial court
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Term
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Definition
- a written answer to the appellate brief
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Term
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Definition
- an oral presentation to an appellate court
- the party must request an oral argument & that request is not always granted
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Term
panel of justices (or judges) |
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Definition
- the portion of an appellate-level court that hears a case
- usually a panel is made up of three judges
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Term
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Definition
- when the entire appellate level court sits to hear and decide a case indicating the case has a high level of importance
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Term
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Definition
- written decision of the court
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Term
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Definition
- the strongest form of opinion
- when more than 50% of the court agrees on a decision
- a majority opinion is law until it is superseded or overturned
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Term
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Definition
- the appellate court agrees with the decision of the trial court
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Term
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Definition
- the appellate court disagrees with and nullifies the decision of the trial court
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Term
|
Definition
- the appellate court alters the decision of the trial court
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Term
|
Definition
- the appellate court sends the case back to the trial court for further deliberation
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Term
|
Definition
- opinion of 1 or more judges that agrees with the results of the majority, but arrives at that result for different reasons
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Term
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Definition
- opinion that disagrees with the majority opinion
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Term
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Definition
- to make a formal request to the court.
- some states refer to complaints as petitions depending on the action filed
- a petition for the dissolution of a marriage would involve a petitioner and respondent rather than a plaintiff and defendant.
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Term
|
Definition
- a second chance to present arguments to the court on the same issues
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Term
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Definition
- to make a formal request to the court
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Term
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Definition
- a 2nd chance to present arguments to the court on the same issues
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Term
petition for writ of certiorari |
|
Definition
- the vehicle by which the case is taken from the court of appeals (state or federal) to the supreme court (state or federal)
- also how a state supreme court is heard by the U.S. Supreme Court
- If the higher court approves the petition, the higher court hears the case. If denied, the decision of the lower court stands
- also referred to as the writ of cert
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Term
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Definition
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Term
|
Definition
the bringing of criminal charges against a DEF.
Also the party presenting the govts case at trial |
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Term
|
Definition
the prosecution in a criminal case |
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Term
|
Definition
an order from a judicial officer or the court authorizing an arrest or a search or seizure of property |
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Term
|
Definition
the first court appearance by a DEF to a criminal charge
the courts informs of his/her charges, whether bail is appropriate, sets the date for next court proceeding |
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Term
|
Definition
crime punishable by a sentence of less than a year |
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Term
|
Definition
crime punishable by a sentence of a year or more |
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Term
|
Definition
money or property deposited with the court to procure the release of a DEF and to ensure the appearance of the DEF at trial |
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Term
|
Definition
a written agreement to pay the full bail amount to the court if the DEF fails to appear when required. |
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Term
|
Definition
DEF is released w/o being required to post bail, on the promise that thy wil appear at court at designated times |
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Term
|
Definition
atty who is ordered to represent a DEF usually b/c they can't afford one |
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Term
|
Definition
legal representative --- attorney |
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Term
|
Definition
the decision of the prosecutor not to prosecute, even though they believe there is sufficient evidence to do so. |
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Term
|
Definition
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Term
|
Definition
to declare a DEFs position in a criminal trial, usually either guilty or not guilty, or nolo contendere |
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Term
|
Definition
DEF in a criminal case agrees to plead guilty usually to a lesser charge in return for a reduced sentence. |
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Term
|
Definition
DEF decides not to contest the charges, but does not admit guilt. DEF may be sentenced as though they pleaded guilty. |
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Term
|
Definition
a hearing requiring the state to produce sufficient evidence to establish there is probable cause to believe a crime has been committed by DEF. |
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Term
|
Definition
a reasonable basis to believe a crime has been committed. |
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Term
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formal charge by a grand jury alleging a criminal act |
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formal court hearing where DEF is informed of charges & pleads guilty, not guilty, or nolo contendere |
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beyond a reasonable doubt |
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degree of proof in a criminal prosecution usually requiring unanimous agreement of the jury. |
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a judgment against your client |
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criminal case - the state cannot retry a DEF on the same charges once a not guilty verdict is rendered by judge or jury |
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for evidence to maintain its integrity, there must be chronological documentation of each person having possession of the evidence from the point of collection or seizure until admission at trial. |
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all states must respect the public acts, records, and judicial proceedings of every other state. |
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a prior case, usually a court written opinion, that a subsequent court may rely upon when deciding a matter with similar facts and/or issues |
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let the decision stand
principle that a court should follow previous court decisions UNLESS theres a compelling reason not to. |
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legal principle that the government must safeguard the legal rights owed to a person according to the law. a constitutional guarantee a law shall not be unreasonable. |
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to provide or gain knowledge of legally relevant information. a DEF in ANY action has a legal right to be noticed as to the matter. |
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