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Ch. 2

Tort Law_6th Edition_J. Stanley Edwards

TermDefinition
Affirmative Defense Any defense that a arty asserts for which it bears the burden of proof.
Answer A pleading in which the defendant responds to the plaintiff's complaint.
Appeal Formal request by a party asking a higher court to review the decision on a lower court.
Bench Trial Trial before a judge.
Challenge for Cause Request to remove a potential juror because of his or her alleged inability to decide the case impartially.
Charging the Jury Process in which the judge instructs the jurors in rules of law they are to apply.
Closing Argument Final statement made by an attorney that summarizes the evidence.
Complaint An initial pleading filed on behalf of the plaintiff, the purpose of which is to provide the defendant with the material elements of the plaintiff's demand.
Counterclaim A claim presented by a defendant in opposition to the plaintiff's claim.
Cross-Appeal Appeal filed after an appeal is filed by the opposing party.
Cross-Claim A claim brought by a defendant against a co-defendant in the same action.
Cross-Examination Examination of a witness called by the opposing party.
Default Judgement Judgement entered due to lack of opposition on behalf of the opposing party.
Demand Letter A letter detailing a client's damages and setting forth the reasons for his or her demand.
Demurrer Motion for dismissal based on a defect in the form or content of a complaint.
Deposition Oral examination of a witness under oath.
Direct Examination Examination by the attorney that called the witness.
Direct Verdict Dismissal of a case because of the opposing party's failure to meet the requisite burden of proof.
Disclosure Statement A document each party is required to prepare and serve on opposing parties shortly after a lawsuit commences. This document must contain certain categories for information about that party's case.
Discovery Process through which parties try to find out as much as possible about the other side's case.
General Verdict Verdict in which a jury decides issues of liability and damages.
Interrogatories Written questions submitted to the opposing party that that party must answer in writing and under oath.
Judgement Notwithstanding the Verdict (JNOV) A decision that the verdict reached was contrary to the evidence and the law.
Jurisdiction Power to hear a particular kind of case.
Motion for a New Trial Motion requesting a new trial based on an alleged error committed by the trial judge.
Motion for a Protective Order Motion that protects a party from having to disclose privileged information.
Motion for Summary Judgement Motion requesting that the court enter a judgement on the party's behalf because there is no material fact at issue.
Motion for Limine Motion to prevent evidence from being presented to the jury.
Motion to Compel Motion to force the opposing party to comply with a request for discovery.
Opening Statements Statements made by counsel to the jury at the beginning of trial.
Overrule To deny an objection.
Peremptory Challenge Request to remove a potential juror for no articulated reason.
Pretrial Conference Conference involving the judge and parties at which issues and procedures for the trial are clarified and efforts are made at settlement.
Request for Admissions Request by one party asking the other party to admit certain facts.
Request for Medical Examination Request that the opposing party be examined by a physician chosen by the party making the request.
Request for Production of Documents Request for document in possession of the opposing party.
Res Judicta Legal principle stating that issues litigated cannot be re-litigated at a later time.
Special Verdict Verdict in which the jury is required to answer special interrogatories, which the judge must review to determine who the prevailing party is.
Sustain To grant an objection.
Verification Affidavit indicating that the plaintiff has read the complaint and to the best of his or her knowledge believes it to be true.
Voir Dire Process of jury selection involving the use of challenges for cause and peremptory challenges.
Created by: JacquelineS89