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nails chapter 215567
| Term | Definition |
|---|---|
| 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 fats that existed at the time 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. |
| appeal | A proceeding brought to a high court to review a lower court's decision. |
| appellant | the party who takes a 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 | 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 with out 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 |
| 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 |
| case number | is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a "neutral" that identifies a decision regardless of where it is reported. |
| cause of actions | the incidents or facts that give a person a right to relief in court. |
| challenge for cause | a request by a plaintiff or defendant to a judge that 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 court 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 actions filed in court |
| contingency fee agreement | the fee that is a percentage of the amount obtained in negotiation or litigation with another party |
| continue or continuance | rescheduling of a court date to a later date |
| 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's own 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 o 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 | asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy |
| 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 post trial motion that asks the judge to disregard a jury's verdict |
| motion for mistrial | a motion that requires immediate dismissal of a case because inadmissible evidence has been presented that irreparably damages one of the parties cases |
| motion for new trial | a post trial 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 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 | 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 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 prosecution | court closes a case as nothing has been filed within a specified period of time |
| motion to dismiss for want of prosecution | in 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 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 |
| party | a legal person or entity engaged in litigation with another |
| 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 to be given |
| petition | first pleading filed in any lawsuits, also called complaint |
| petition in intervention | an additional party with an interest in the outcome of a lawsuit may file a petition in the 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 |
| pleadings | written statement made by each party in a lawsuit concerning the various claims and defense to be decided in court |
| prayer | The request contained in a bill in Equity that the court will grant the process, aid, or relief that the complainant desires. |
| preserving the record | a record is made of testimony on disputed points in litigation, typically by a court recorder |
| 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 | (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 |
| defendant | the person or entity defending or denying a suit. the party against whom recovery is sought or accuse in a criminal case. |
| deponent | An individual who, under oath or affirmation, gives out-of-court testimony in a deposition. |
| deposition | testimony of a witness or a 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, ad information about the case. |
| entry of appearance | formal entry of an 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 a law, the personal representative or executor of an estate, a trustee |
| flat fee | a set fee based on 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 | a court-ordered act or prohibition against an act or condition which has been requested, and sometimes granted, in a petition to the court for an injunction |
| 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 | Jurisdiction generally describes any authority over a certain area or certain persons |
| laches (doctrine of) | 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 file | a transcript of court proceedings submitted as 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 of her opinion |
| mistrial | declared when an event occur 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 objects to by the answering party |
| rebuttal | evidence given by one party in litigation to refute evidence introduced by 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 | in United States business law, 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) | where the facts of a case permit either federal or state action. and the case if 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 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 |
| 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 |
| subponea 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 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 |
| venue | the place a case is heard |
| 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'' |
| with prejudice | a type of judgment that bars the right to bring or maintain an action on the same claim or cause |
| without prejudice | while without prejudice often refers to procedural problems where the party may refile. |
| 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 | is a court order granted to put in force a judgment of possession obtained by a plaintiff from a court |
| 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 |
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215567
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