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CVR Legal Terms 1
Legal terminology
| Term | Definition |
|---|---|
| Answer | The defendant’s pleading which responds to the plaintiff’s petition or complaint. |
| Bill of Sale | An instrument evidencing a transfer of personal property. |
| Caption | The heading on a pleading, containing name of court, county, parties, and the title of the document. |
| Common law | Law evolving from ancient custom, from judicial decision and casual statues, as contrasted with a concerted plan of statutory enactments. |
| Counterclaim | The claim that a defendant may make against a plaintiff in the plaintiff’s action against him. |
| Default | Usually in pleading, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act. |
| Deposition | Taking testimony outside the courtroom before a court report with the other side and present for purpose of cross-examination. The testimony is given under oath and reduced the writing. |
| Eminent domain | The power to take private property for public use through condemnation proceedings and compensation. |
| Hypothetical question | A question asking an expert witness to assume proven facts and eliciting witness’ opinion based on those facts. |
| Liable | Responsible; chargeable with. |
| Plaintiff | The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action. |
| Defendant | One against action is brought. |
| Costs | The expense of a trial or proceeding which may be charged to one or more parties. |
| Annotations | The case summaries which following and construe the statutes printed in the commerically produced statue books. |
| Direct evidence | That offered by eyewitnesses as contrasted to circumstantial from which conclusions are drawn. |
| Hung jury | One which can not agree on a verdict. |
| Hostile witness | Witness that manifests so much hostility or prejudice under examination in chief that the party who has called witness is allowed to cross-examination him or her. |
| Dismissal with prejudice | Dismissal without trial which bars the assertion of the same cause of action or claim against the same party. |
| Dismissal without prejudice | Dismissal without trial which permits party to bring another civil action for the same cause unless civil actions is otherwised barred. |
| Injunction | A court order prohibiting some action. |
| Lis pendens | A pending lawsuit. |
| Punitive damages | Monetary compensation awarded to plaintiff in a lawsuit in excess for what compensates for property loss, awarded to redress for mental anguish suffered from defendant's misconduct or to punish defendant for wrong and evil actions. |
| Summary judgment | Decision given by court without delay or formality of full proceedings. |
| Weight of evidence | A phrase which indicates the relative value of the totality of the evidence present on one side a judical dispute, in light of the evidence presented on the other side. |
| work product | That work done by an attorney in the process of representing the client which is ordinarily not subject to discovery. |
| Usury | Charging more than the legal rate of interest. |
| Contempt of court | Acts which impede the court. It can be failure to carry out an order, or it can be disrespectful conduct. |
| De jure | legitimate; lawfull |
| Canon | A system of correlated rules or standards. |
| Allocution | Formaility of court's inquiry of prisoner as to whether he/she has any legal cause to show why judgment should not be pronounced against him/her on verdict of conviction. |
| Dictum | In a court's decision, the statement of a rule or principle of law which is not essential to the determination of the issues in a particular case but is used to explain the court's reasoning. |
| Ex parte | By or for one person, not adversary. |
| Easement | A right of access onto, over, under, or across real estate. |
| Joint tenancy | An owernship of property by two or more persons; when one joint tenant dies, his/her interest passes to the other tenants. |
| Guardian ad litem | Appointed to protect a minor defendant's interest during specific litigation. |
| Et seq. | And following. |
| Mandamus | Order of a higher court directing a lower court to take a certain action. |
| Res gestae | Things done; especially the acts and declarations admissible in evidence that form the environment of a litigated issue, considered as expection to hearsay rule. |
| Retainer | The arrangement (or the fee) where a lawyer undertakes to represent a client; usually refers to a continuing arrangement. |
| Supra | Above, earlier in this document. |
| supoena duces tecum | Legal summons requesting to bring specific evidence with them. |
| duces tecum | You shall bring with you. |
Created by:
ShanLucido