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The thing speaks for itself
Evidence unavailable to plaintiff but available to defendant
Shifts the burden of proof to defendant
only used when plaintiff is at a disadvantage |
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A wrong doing to a person or his or her property
Tort is a civil (as opposed to a criminal) wrong, other than a breach of contract
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The person causing the harm
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Develops from decisions following court trials
All case law or the case law made by judges in the absence of statues
Law made through interpretation of judge
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Written Laws
Laws passed through legislation |
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| All property left by someone who has died |
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| A violation of civil law does not directly harm the community; person harmed sues the violator |
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| Tribunal or forum where the trial occurs, as well as the judge himself. The judge is the trier of law at the trial. |
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| An amount of money paid to atone for injury or economic loss. |
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| A legal concept generally accepted by most courts which. although often not law, offers guidance to the court. Legislatures will sometimes codify, or make into law, a popular doctrine. |
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| Joint and Several Liability |
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| When multiple defendants may be found liable as a group (jointly) or seperately (several). |
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| Money paid to attorney to secure services. Also referred to the contract between attorney and client. When the attorney has been retained works in representative capacity on behalf of the client. |
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| When an attorney acts on behalf of a client in court. May be a personal appearance in front of the judge or the filing of a document (complaint or motion) with the court on behalf of the client. |
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| Once an attorney has entered an appearance, he or she is the attorney on record. |
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| The place of trial; the physical location. |
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| When a federal court hears a case based upon the fact the parties are from different states, and that the money claimed as damages exceeds a minimum set by federal statue, which is currently $75,000. |
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| The party who initiates the action by filing a complaint, claiming injury or harm. |
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| The time limit for filing suit. Suits filed after the time limit will be dismissed. The clock normally starts to tick at the time damages occur. |
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| Document that informs the defendent that he is being sued and that he has a specific amount of time to respond. |
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| The pleading that initiates litigation. Filed by the plaintiff, the complaint contains the general allegations against the defendant. It is served with the summons. |
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| Individauls or groups involved in a legal action. |
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| A legally valid reason to sue; one of the required elements of a complaint. |
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| A common legal phrase that qualifies a statement as being a fact only to the best knowledge of the person making the statement. Equivalent to saying "That is what I believed happened". |
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| The party against whom a complaint is filed. |
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| Element of a complaint that asks for damges; also called "wherefore clause" or "prayer of relief". |
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| Multiple defendants in a legal action. |
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| A document filed with the court asking the court to take some specific legal action. A motion that asks the court to rule on a precedural matter. A pleading states a party's position in a legal matter. |
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| A fact claimed by a party. |
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| A jury is a group of citizens selected from the community to determine the outcome of the case. If both parties agree, the judge may act in place of the jury. |
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| A document is filed when it is presented to the clerk of court. All documents and any copies are date stamped at the time of filing by clerk of court. |
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| The presentation of legal papers. |
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