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CH 11 897586

Chapter 11 Vocab

TermDefinition
Affirmative Defense A defense to the plaintiff's defense raised in the defendant's answer.
Allegations Numbered paragraphs setting forth the background and reasons for filing 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. Contrast to supplemental pleading.
Answer A formal, written statement by the defendant in a law suit that answers each allegation contained in the complaint.
Appeal A proceeding brought 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 when voluntarily exposing himself 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
Bench Trial
Bill of costs
Caption or Style
Case Number
Cause of action
Challenge for cause
Civil cover sheet
Claimant
Closing arguments
Comparative negligence
Complaint
Contingency fee agreement
Continue or Continuance
Contributory negligence
Counterclaim A claim presented by a defendant in opposition to or for deduction from the claim of plaintiff.
Cross-claim A pleading filed by a defendant that asserts a claim against another defendant arising out of the same action as the original complaint.
Cross-examine (cross-examination) Questioning of a party by opposing counsel.
Default (1) Failure of the defendant to appear or respond to a petitioner or complaint in litigation. (2) Failure to comply with the terms of a contract.
Money Damages Damages in a case that can be reduced to financial claims.
Motion for continuance A motion that seeks to postpone a trial or hearing date.
Motion for dismissal
Motion for instructed or directed verdict A motion typically made by the defendant's lawyer at the close of evidence presented by the plaintiff, based on the premise that the plaintiff has failed to prove his or her case.
Motion for judgment non obstinate veredicto or notwithstanding the verdict A posttrial motion that asks the judge to disregard a jury's verdict.
Motion for mistrial A motion that requests immediate dismissal of a case because inadmissible evidence has been presented that irreparably damages one of the parties cases.
Motion for new trial A posttrial motion that is filed prior to requesting an appeal.
Motion for nonsuit A motion requesting the court to dismiss the cause for lack of action on the part of the opposing party. In various courts, the action is referred to as a voluntary dismissal or motion for dismissal.
Motion for order to show cause A motion that requests the court to issue specific relief for the filing party that requires the opposing party to appear and demonstrate, or show cause, why the relief should not be granted.
Motion for protective order A motion filed to protect on party from requests by the opposing party, such as a request to take depositions at too great a distance from the witness.
Motion for sanctions A motion filed when discovery responses are not delivered timely to request disciplinary action.
Motion for summary judgment A pleading that requests the court to grant judgment against the opposing party, where the party filing believes there is no real issue of fact to be decided.
Motion in limine A motion that seeks to suppress revelation of certain information during litigation.
Motion to change venue A pleading filed before answering a petition or complaint that requests the case be transferred to another county or parish.
Motion to compel A motion seeking an order compelling the opposing party to perform some action relative to the litigation; often used to compel production of overdue discovery.
Motion to dismiss for lack of prosecution
Motion to dismiss for want of prosecution
Motion to quash service A motion seeking service declared invalid on the basis that service was improperly made, that the wrong party was served, or that the summons does not show the date of service.
Party
Peremptory challenge Request by a party that a judge now allow a prospective juror to serve as a member of the jury. No reason or cause need be given.
Petition First pleading filed in any law suit; also called complaint.
Petition in intervention An additional party with an interest in the outcome of a lawsuit may file a petition in intervention, setting out the details of the intervenor's interests and the relief the intervenor seeks.
Petitioner Initiating party in a dissolution of marriage proceeding.
Plaintiff A person or entity who brings the action; the party who complains or sues in a civil action.
Pleading(s) Written statement made by each party in a lawsuit concerning the various claims and defenses to be decided in court.
Prayer
Preserving the record A recording is made of testimony on disputed points in litigation, typically by a court recorder; the transcript can be used to support a later appeal.
Pretrial conference Conference among the lawyers and the judge called at the discretion of the court to review the issues to be tried and set discovery deadlines and hearing and trial dates.
Default judgment When a party fails to appear or respond to a petition or complaint, judgment can be granted to the opposing party by default.
Defendant (1) The person or entity defending or denying a suit. (2) The party against whom recovery is sought or the accused in a criminal case.
Deponent
Deposition Testimony of a witness or a party taken under oath outside the courtroom.
Direct Examination Questioning of a party to a litigation conducted by the party's counsel.
Discovery The process by which a party to a lawsuit is entitled to obtain facts, documents, and information about the case.
Entry of Appearance Formal entry of attorney into a case, presented to the court in pleading form.
Failure to state a claim Affirmative defense that alleges that the plaintiff failed to state a claim that the court can require the defendant to satisfy.
Fiduciary A person or institution that manages money or property of another and must exercise a standard of care imposed by law, e.g. the personal representative or executor of an estate, a trustee etc
Flat fee A set fee based on a specific type of legal work.
Hung Jury A jury that cannot reach a verdict, a hung jury results in a mistrial
Impeach Discredit, as a witness for an opposing party.
Injunctive Relief
Interrogatories A set or series of written questions served upon a party, witness, or other person having information about or interest in a case; a discovery device.
Judgment Creditor One who is owed money as a result of a judgment in his or her favor.
Judgment Debtor One who owes money as a result of a judgment in favor of a creditor.
Judgment-Proof A judgment debtor that has no assets to seize in satisfaction of a judgment is considered judgment proof.
Jurisdiction
Laches (doctrine of) An affirmative defense that alleges in inappropriate delay in filing suit that resulted in prejudice to the defendant.
Leave of court Permission of court to take some action.
Legal File A transcript of court proceedings submitted as a part of an appeal.
Majority Age at which a person is legally no longer a minor.
Mediation Nonbinding settlement discussions between the parties.
Memorandum Opinion (or opinion) A judgment in which the judge sets out the factual and legal reasons that the judge used to reach the conclusions given in his or her opinion.
Mistrial Declared when an event occurs that undoes the ability to conduct a fair trial. One cause might be the revelation of excluded information, either deliberately or accidentally; another cause would be the inability of the jury to determine a verdict.
Privilege Log A log describing discovery documents the production of which is objected to by the answering party.
Rebuttal Evidence given by one party in litigation to refuse evidence introduced by the other party.
Redirect examination Questioning of a party by the party's own counsel following a session of cross-examination of opposing counsel.
Registered Agent
Remove (removal to federal court) Where the facts of a case permit either federal or state action, and the case is filed in state court, the opposing party can have the case removed to federal court for hearing under federal law and rules.
Request for admissions Written statements of fact concerning a case that are submitted to an adverse party which that party must admit or deny.
Request for production of documents A direction or command served upon another party, witness or other person for production of specific documents and things for review with respect to a suit; a discovery device.
Res Judicata The principal stat states that once there has been a judicial decision, the matter cannot be litigated again,
Respondent The party against whom a dissolution of marriage proceeding is initiated.
Standing A concept requiring that the person injured is the one who must sue.
Statute of limitations The time period following an occurrence within which a lawsuit must be filed.
Submitted on the record An appeal in which no oral arguments are presented is considered submitted on the record of the case in lower court.
Subpoena duces tecum A command to appear at a certain time and place to give testimony and to bring items specified in the subpoena.
Summons Instrument used to provide notice to a defendant or witness to a civil action or special.
Supplemental Pleading A supplemental pleading is filed to address events that were not known or did not exist at the time the original pleading was filed,
Venue The geographical part of jurisdiction.
Verification A statement that allegations in a complaint or discovery responses are true and correct.
Voir dire The preliminary examination in court of a witness or juror to determine his competency or interest in a matter. Literally, voir dire means to speak the truth
With Prejudice A type of judgment that bars the right to bring or maintain an action on the same claim or cause.
Without Prejudice A type of judgment that dismisses an action but does not bar the right to re-file the matter later.
Work product doctrine A doctrine that protects the evaluations, strategy, and planning of the attorney from discovery by opposing counsel during litigation.
Writ of certiorari An order by the appellate court requiring the lower or trial court to surrender jurisdiction to the appellate court for the duration of the appeal.
Writ of examination
Writ of garnishment An order of the court evidencing the debt or one party to another and commanding the court officer to take property in satisfaction of the debt.
Created by: Jonay