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NALS CH 11 Vocab

TermDefinition
Affidavit A written or printed declaration of facts made voluntarily and confirmed by oath of the maker to a person with the authority to administer the oath
Affirmative Defense A defense to the plaintiff's defense raised in the defendant's answer
Allegations Number paragraphs setting forth the backgrounds and reasons for filing the suit
Amendment 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.
Answer A formal written statement by the defendant in a lawsuit that answers each allegation contained in the complaint.
Answers to Interrigories A formal, written statement by a party to a lawsuit that answers each question or interrogatory served upon him or her by the other party.
Appeal A proceeding brought to a higher court to review a lower court's decision.
Appeal Bond A guaranty by the appealing party insuring that court costs will be paid.
Appearance Coming into court as a party to a suit, either in person or through a lawyer.
Appellant The party who takes an appeal from one court jurisdiction to another.
Appellee The party against whom an appeal is taken.
Assumption of Risk The legal rule under which a person may nit recover for 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 a professional relationship that cannot be disclosed without 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 suit.
Brief A memorandum of material facts, points of law, precedents, etc., prepared to familiarize the court with the facts and the law of a particular case.
Caption or Style The title of the case, which usually includes the names of the court, the names of the parties, and the court number.
Cause of Action The incidents or facts that give a person a right to relief in court.
Challenge of cause A request by a plaintiff or defendant ti a judge that a prospective juror not be allowed to be a member of the jury because of specified causes or reasons. See peremptory challenge.
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 Th 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.
Contributory Negligence An affirmative defense that asserts the injuries and damages complained by the plaintiff were caused in whole or in part by the plaintiff's own negligence.
Counter-Claim A claim presented by a defendant in opposition to or for deduction from the claim of plaintiff.
Court of last resort The highest court in a state that has intermediate courts of appeal, usually called a supreme court.
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-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.
Default Judgement 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.
Deposition Testimony of a witness or party taken under 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.
Dismissal An order or judgment finally disposing of an action, suit, motion, etc., without trial of the issues solved.
Entry of Appearance Formal entry of an attorney into a case, presented to the court in pleading form.
Equity Relief Relief other than monetary damages, such as a request for performance of a contractor a request that a threatened action be stopped court.
Evidence Testimony, writings, or material objects offered in prof of an alleged fact or proposition.
Ex Parte Referring to an action taken without the participation of both parties to litigation. In the due course, the other party must be notified of the action. In some instances, ex part actions are impermissible and disciplinable.
Exhibit A document produced &exhibited in court during a trial/hearing /deposition as a proof of facts that, upon being accepted, is marked for identification& annexed to the deposition/report/document/file of record, or otherwise made a part of the case.
Expert Witness One who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducting correct conclusions.
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.
Filing fee The fee required for filing various documents or actions in court.
Flat fee A set fee based on a specific type of legal work.
Hourly billing Billing based on the time the attorney works and billed at the attorney's hourly rate for such 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.
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 Te written decision of a court to an action or suit submitted to the court for determination.
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.
Jury A group of men and women selected according to law and sworn to try a question of fact or indict a person for public offense.
Jury trial rial before a jury, as opposed to trial before a judge.
Laches An affirmative defense that alleges an inappropriate delay in filing suit that resulted in prejudice to the defendant.
Leave of court Permission of court to take some action.
Legal capacity Refers to whether a person may sue in his or her own right without being represented by someone else.
Legal file A transcript of court proceedings submitted as part of an appeal.
Litigation A lawsuit; a legal action.
Majority Age at which a person is legally no longer a minor.
Mediation Non-binding settlement discussions between the parties.
Memorandum Opinion A judgement 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.
Money damages Damages in a case that can be reduced to financial claims.
Motion An application made to a court or judge that requests specific relief.
Motion for Continuance A motion that seeks to postpone a trial or hearing date.
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 verdict or notwithstanding the verdict A posttrial motion that asks a 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 case 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 requires 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 be granted.
Motion for protective order A motion filed to protect one 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 at trial.
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 country 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 quash service A motion seeking to have 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.
Objections Objections can be filed when discovery requests are unreasonable, rather than answering requests that are burdensome, seek to reveal privileged documents, or seek info that may not be relevant to the case.
Opening statement Statement given at the beginning of litigation by each party detailing what the elements of the case are and what evidence will be presented.
Oral Argument Verbal presentation before a courts if the merits and law relating to a case or an aspect of a case. In appellate court, a time limit is usually set; in other courts. the judge has time to set or waive time limits.
Order Direction of a court or judge made in writing.
Party or person A legal person or entity engaged in litigation with another.
Peremptory challenges Request by a party that a judge now allow a prospective juror to serve as a member of a jury. No reason or cause need be given.
Petition First pleading in any lawsuit; also called complaint.
Petition in interview 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 civil action.
Pleading Written statement made by each party in a lawsuit concerning the various claims and defenses to be decided in court.
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
Pretrial Order an order that states a variety of issues concerning a given case, including issues contested/uncontested, agreed facts, lists of witnesses to be called, exhibits to be introduced, and relevant deadlines for discovery, conference, hearing, or trial date
Privilege Log a log describing discovery documents the production of which is objects to by the answering party
Propound Serve, particularly discovery documents
Rebuttal Evidence given by one,party in litigation to refute 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
Release of claims a document that details the release of the claims of parties who are in dispute when they have reached settlement
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 the 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, principle 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 proceedings is initiated
Service of Process the delivery of writs, summonses, and subpoenas by handing them to the party named in the document.
Settlement an agreement between the parties as to terms that will avoid starting litigation or finishing litigation in progress
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
Stipulation an agreement between the parties involved in a suit regulating matters incidental to the trial
Subpoena a command to appear at a certain time and place to give testimony upon a certain matter
Subpoena duces tecum a command to appear at a certain time and place to give testimony and to bring items specified in the subpoena
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
Summons instrument used to provide notice to a defendant or witness to a civil action or special proceeding
Supplemental Pleading an supplemental pleading is filed to address events that were not known or did not exist at the time the original pleading was fied
Third party complaint a complaint filed by defendant against a third party(not presently a party to the suit) that alleges the third party is liable for all or part of the damages plaintiff may win from defendant
Transcript a verbatim record of a trial, deposition, hearing or other proceeding,
Trial a judicial examination of issues between parties in action.
Trial notebook a notebook or series of notebooks that includes documents the attorney is likely to need while in court trying a case
Verdict finding of the jury as to the guilt or innocence of a defendant in criminal trial
Verification a statement that the allegations in a complaint or discovery responses are true and correct
Voir Dire the preliminary examination in court of a witness or jury to determine his competency or interest in a matter. Literally, voir dire means '' to speak the truth''
Wherefore Paragraph closing paragraph in a pleading in which the pleading party makes specific requests of the judge hearing the case at issue.
With Prejudice A type of judgment that bars the right to bring or maintain an action on the same clause or case.
Without Prejudice a type of judgment that dismisses an action but does not bar the right to re-file the action.
Witness one who personally sees or perceives a thing and testifies to what he or she has seen, heard, or other wise observed
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 execution 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.
Writ of garnishment an order of the court in which property, money, or credits in the possession of a third party may be seized and applied to pay a debtor's debt
Written depositions A deposition session that is conducted by way of written questions rather than live questioning.
Created by: haleylynn14.42