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NALS Chapter11_75499

Vocabulary

TermDefinition
affirmative defense A defense to the plaintiff's defense raised in the defendants answer.
Allegation Number paragraphs setting forth the background and reasons for filing suit
Amendement to 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.
Answers
Appeal A proceedings 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
Appelle The party in cause against whom an appeal is taken
Assumption of risk The legal rule under which a person may not recover from an injury he or she receives when voluntarily exposing himself or herself to a known danger
At issue The term used to describe the status of litigation when the complaint and a responsive pleading have been filed
Attorney-client Privilege The privilege that protects confidential communications, oral or written, between the attorney and a client in the course of the professional relationship that cannot be disclosed without the consent of the client
Bench trial Trial by judge, rather than a jury
bill of costs A certified, itemized statement of the amount of costs in an action or suit
Caption or style The title of the case which usually includes names of the court, the names of the parties, and the court number
Case number
Challenge for cause A request by a plaintiff of the defendant to a judge that a prospective juror not be allowed to be a member of the jury because of specified causes or reasons. See peremptory chalenge
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
Closing Arguments A summary presented by each party to a case that gives the jury reasons to find in the party's favor
Claimant One who claims or asserts a right
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 A fee that is a percentage of the amount obtained in negotiation or litigation with another party
Continue or Continuance
Contributory negligence An affirmative defense that asserts the injuries and damages complained of by the plaintiff were caused in whole or in part by the plaintiff own negligance
Counter Claim 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 Questioning of a party by opposing counsel
Default (1) Failure of the defendant to appear or respond to a petitioner or complaint in litigation. (1) Failure to comply with the terms of a contract
Default judgment When a party fails to appear or respond to a petition or complaint, judgment can be granted to the oppossing part by default
Defendant (1) Person or entity defending or denying a suit. (2) The party against whom recovery is sought or the accused in a criminal case
Deposition Testimony of a witness or a party taken under the oath outside the courtroom.
Direct Examination Questioning of a party to 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 claim Affirmative defense that alleges that the plaintiff failed to star 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 decide a verdict; a hung jury results in a mistrial
Impeach Discredit, as a witness for an opposing party
Injunction relief
Judgment Creditor One who is owed money was a result of a judgement in favor of a creditor
Judgment Debitor One who owes money a result of a judgment in favor of a creditor
Judgment proof A judgment that has no assets to seize in the satisfaction of a judgment is considered judgment proof
Jurisdiction
Laches An affirmative defense that alleges an inappropriate delay in filling a 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 part of an appeal
Money Damages Damages in a case that can be reduced to financial claims
Motion for continuance A motion that seeks to post pone 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 obstante veredicto or not with standing the verdict A post trial that asks the judge to disregard a jury's verdict
Motion for Mistrial A motion that request immediate dismissal of a cue because inadmissible evidence has been presented that irreparably damages one of the parties case
Motion for new trial A posttrial motion that is filed prior to request ion an appeal
Motion for non suit 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 voluntarily dismissal or motion for dismissal
Motion for order to show cause A motion that request ion the court to issue a 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.
Created by: Labria