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NALS CH.11_500801

TermDefinition
Affirmative Defense A defense to the plaintiff's complaint raise in the defendant's answer.
Allegations Numbered paragraphs setting forth the background and reasons for filing a suit.
Amendment (to a pleading) An amended pleading is one that is corrected in regard to facts that existed at the time the original pleading was filed.
Answer A formal, written statement by the defendant in a law suit that answers each allegation contained in the complaint.
Appeal A proceeding to a higher court to review a lower court's decision.
Appellant The party who takes an appeal from one court or jurisdiction to another.
Appellee The party in a cause against whom an appeal is taken.
Assumption of Risk The legal rule under which a person may not recover for an injury he or she receives voluntarily exposing him- or herself to a known danger.
At Issue (joined) The term used to describe the status of litigation when the complaint and a responsive pleading have been filed.
Attorney-Client Privilege The privilege the protects confidential communications, oral or written, between the attorney and a client in the course of the professional relationship that cannot be disclosed with the consent of the client.
Bench Trial Trial by a judge rather than a jury.
Bill of Costs A certified, itemized statement of the amount of costs in an action or a suit.
Caption or Style The title of a case, which usually includes the name of the court, the names of the parties, and the court number.
Case Number Case number is year-case type-amount so far. Case numbers are assigned when a case initiating document is filed.
Cause of Action The incident or facts that give a person a right to relief in the court.
Challenge for Cause A request made by the plaintiff or defendant to a judge that a prospective juror not be allowed to be a member of the jury because of specified causes or reasons.
Civil Cover Sheet A cover sheet required by many courts listing the parties, the type of action, and other information related to the case that may be administratively useful to the court.
Claimant One who claims or asserts a right.
Closing Arguments A summary presented by each party to a case that gives the jury reasons to find in the party's favor.
Comparative Negligence The rule under which negligence is measured by percentage and damages are diminished in proportion to the amount of negligence attributable to the plaintiff.
Complaint The original pleading by which an action is filed in court.
Contingency Fee Agreement A fee that is a percentage of the amount obtained in negotiation or litigation with another party.
Continue or Continuance Rescheduling a court date to a later date.
Contributory Negligence Legal principle that an aggrieved or injured plaintiff may have contributed to his or her injury by being negligent of the obvious and known condition.
Counterclaim Claim presented by a defendant in opposition to a plaintiff's claim in a civil case.
Cross-Claim Claim submitted by one co-defendant or co-plaintiff against another in a civil court case involving two or more defendants or plaintiffs, and arising out of the same case.
Cross-Examine (cross-examination) Questioning of an accused or witness in a court to (1) test his or her knowledge or memory, (2) extract information favorable to one party and damaging to the other, (3) demonstrate bias, or (4) prove his or her previous statements as contradictory.
Default Failure to do something required by an agreement, in the performance of a duty, or under a law.
Money Damages A monetary award that a party who has breached a contract is ordered by a court to pay as compensation to the nonbreaching party.
Motion for Continuance A motion that seeks to postpone a trial or a hearing date.
Motion for Dismissal A motion to dismiss a court case.
Motion for Instructed or Directed Verdict An order from the presiding judge to the jury to return a particular verdict.
Motion for Judgment Non Obstante Veredicto or Non-Withstanding the Verdict Used of a judgment entered by order of the court on motion of one party for that party notwithstanding a verdict for the other party
Motion for Mistrial The termination of a trial before its normal conclusion because of a procedural error, statements by a witness, judge or attorney which prejudice a jury.
Motion for New Trial A request made by the loser for the case to be tried again on the basis that there were significant legal errors in the way the trial was conducted and/or the jury or the judge sitting without a jury obviously came to an incorrect result.
Motion for Nonsuit In the United States, a voluntary nonsuit is a motion taken by the plaintiff to release one or more of the defendants from liability.
Motion for Order to Show Cause Is a type of court order that requires one or more of the parties to a case to justify, explain, or prove something to the court.
Motion for Protective order Refers to a party's request that the court protect it from potentially abusive action by the other party.
Motion for Sanctions Provides that a district court may sanction attorneys or parties who submit pleadings for an improper purpose or that contain frivolous arguments or arguments that have no evidentiary support.
Motion for Summary Judgment Can be granted to resolve disputes involving legal interpretation, but not disputes regarding material facts.
Motion in Limine A motion filed by a party to a lawsuit which asks the court for an order or ruling limiting or preventing certain evidence from being presented by the other side at the trial of the case.
Motion to Change Venue The removal of a trial to another jurisdiction.
Motion to Compel asks the court to order either the opposing party or a third party to take some action.
Motion for Lack of Prosecution occurs when the court closes a case as nothing has been filed within a specified period of time.
Motion to Dismiss for Want of Prosecution A case may be dismissed for want of prosecution (DWOP)on failure of any party seeking affirmative relief to appear for any hearing or trial, or failing to take certain specified actions of which the party had notice.
Motion to Quash Service A motion to quash is a request to a court to render a previous decision of that court or a lower judicial body null or invalid.
Party A person taking part in a transaction or contract; a person or entity directly involved in a lawsuit.
Peremptory Challenge a defendant's or lawyer's objection to a proposed juror, made without needing to give a reason.
Petition a formal written request, typically one signed by many people, appealing to authority with respect to a particular cause.
Petition in Intervention a petition in which a person seeks to be permitted to intervene in a lawsuit involving other parties so that his own rights and interests may be protected by a judgment or decree binding all.
Petitioner the party who presents a petition to the court.
Plaintiff a person who brings a case against another in a court of law.
Pleading(s) a formal statement of the cause of an action or defense.
Prayer a portion of a complaint in which the plaintiff describes the remedies that the plaintiff seeks from the court.
Preserving the Record Maintenance of documents, files, and records in usable form.
Pretrial Conference the parties will meet with a judicial officer in an attempt to narrow the issues, determine the number of witnesses to be called, the length of the trial, and to discuss the possibility of settlement.
Default Judgment a binding judgment in favor of either party based on some failure to take action by the other party.
Defendant an individual, company, or institution sued or accused in a court of law.
Deponent a person who makes a deposition or affidavit under oath.
Deposition the process of giving sworn evidence.
Direct Examination the questioning of a witness by the party that has called that witness to give evidence, in order to support the case that is being made.
Discovery the compulsory disclosure, by a party to an action, of relevant documents referred to by the other party.
Entry of Appearance should state the full name of the attorney, his/her identification number, name of the law firm in which he/she works, full address to which communications are to be made, and should be signed by the attorney.
Failure to State a Claim is frequently raised as a defense in civil litigation.
Fiduciary involving trust, especially with regard to the relationship between a trustee and a beneficiary.
Flat Fee refers to a pricing structure that charges a single fixed fee for a service, regardless of usage.
Hung Jury A jury that is unable to reach a verdict of guilty or not guilty.
Impeach call into question the integrity or validity of (a practice).
Injunctive Relief A court-ordered act or prohibition against an act that has been requested in a petition to the court for an injunction
Interrogatories a written question that is formally put to one party in a case by another party and that must be answered.
Judgment Creditor any person, whether plaintiff or defendant, who has recovered a judgment against another, and also any person entitled to enforce a judgment, and includes a corporation, foreign or domestic.
Judgment Debtor a person against whom a judgment ordering him to pay a sum of money has been obtained and remains unsatisfied.
Judgement-Proof If a creditor obtains a money judgment against you, it may not be able to collect on that money judgment if you are “judgment proof.”
Jurisdiction the official power to make legal decisions and judgments.
Laches (Doctrine of) unreasonable delay in making an assertion or claim, such as asserting a right, claiming a privilege, or making an application for redress, which may result in refusal.
Leave of Court The grant by the court of something, which, without such grant it would have been unlawful to do.
Legal File A record of the court.
Majority the age when a person is legally considered a full adult, in most contexts either 18 or 21. or the greater number
Mediation intervention in a dispute in order to resolve it; arbitration.
Memorandum Opinion (or Opinion) an opinion that briefly reports the court's conclusion, usu. without elaboration because the decision follows a well-established legal principle or does not relate to any point of law.
Mistrial a trial rendered invalid through an error in the proceedings
Privilege Log A privilege log is a document that describes documents or other items withheld from production in a civil lawsuit under claims of attorney–client privilege, work product doctrine, or trade secrets.
Rebuttal a refutation or contradiction.
Redirect Examination Redirect examination is the trial process by which the party who offered the witness has a chance to explain or otherwise qualify any damaging or accusing testimony brought out by the opponent during cross-examination.
Registered Agent is a business or individual designated to receive service of process (SOP) when a business entity is a party in a legal action such as a lawsuit or summons.
Remove (Removal to Federal Court) efers to the right of a defendant to move a lawsuit filed in state court to the federal district court for the federal judicial district in which the state court sits.
Request for Admissions A request for admissions (sometimes also called a request to admit) are a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein.
Request for Production of Documents a form of discovery in which one party requests that another make certain documents and other objects available for inspection and copying.
Res Judicata a thing, matter, or determination that is adjudged or final: as a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights.
Respondent one who answers or defends in various proceedings: as a : an answering party in an equitable proceeding.
Standing continuing in existence, use, or effect indefinitely [a order]
Statute of Limitations a statute establishing a period of time from the accrual of a cause of action.
Submitted on the Record to be written down and kept for future use.
Subpoena Duces Tecum a writ ordering a person to attend a court and bring relevant documents.
Summons an order to appear before a judge or magistrate, or the writ containing it.
Supplemental Pleading refer to pleadings that present subsequent matter related to the claim or defense presented in the original pleading
Venue the county or district within which a criminal or civil case must be heard.
Verification the process of establishing the truth, accuracy, or validity of something.
Voir Dire a preliminary examination of a witness or a juror by a judge or counsel.
WIth Prejudice a final judgment and the case becomes res judicata on the claims that were or could have been brought in it
Without Prejudice without detriment to any existing right or claim.
Work Product Doctrine protects materials prepared in anticipation of litigation from discovery by opposing counsel.
Writ of Certiorari was originally a writ from England's Court of Queen's (King's) Bench to the judges of an inferior court; it was later expanded to include writs from the equity (chancery) courts.
Writ of Execution a judicial order that a judgment be enforced.
Writ of Garnishment is a process by which the court orders the seizure or attachment of the property of a defendant or judgment debtor in the possession or control of a third party.
Created by: 500801