| Term | Definition |
| 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. |
