Tort Law_6th Edition_J. Stanley Edwards
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| Affirmative Defense | Any defense that a arty asserts for which it bears the burden of proof.
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| Answer | A pleading in which the defendant responds to the plaintiff's complaint.
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| Appeal | Formal request by a party asking a higher court to review the decision on a lower court.
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| Bench Trial | Trial before a judge.
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| Challenge for Cause | Request to remove a potential juror because of his or her alleged inability to decide the case impartially.
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| Charging the Jury | Process in which the judge instructs the jurors in rules of law they are to apply.
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| Closing Argument | Final statement made by an attorney that summarizes the evidence.
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| 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.
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| Counterclaim | A claim presented by a defendant in opposition to the plaintiff's claim.
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| Cross-Appeal | Appeal filed after an appeal is filed by the opposing party.
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| Cross-Claim | A claim brought by a defendant against a co-defendant in the same action.
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| Cross-Examination | Examination of a witness called by the opposing party.
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| Default Judgement | Judgement entered due to lack of opposition on behalf of the opposing party.
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| Demand Letter | A letter detailing a client's damages and setting forth the reasons for his or her demand.
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| Demurrer | Motion for dismissal based on a defect in the form or content of a complaint.
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| Deposition | Oral examination of a witness under oath.
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| Direct Examination | Examination by the attorney that called the witness.
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| Direct Verdict | Dismissal of a case because of the opposing party's failure to meet the requisite burden of proof.
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| 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.
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| Discovery | Process through which parties try to find out as much as possible about the other side's case.
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| General Verdict | Verdict in which a jury decides issues of liability and damages.
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| Interrogatories | Written questions submitted to the opposing party that that party must answer in writing and under oath.
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| Judgement Notwithstanding the Verdict (JNOV) | A decision that the verdict reached was contrary to the evidence and the law.
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| Jurisdiction | Power to hear a particular kind of case.
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| Motion for a New Trial | Motion requesting a new trial based on an alleged error committed by the trial judge.
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| Motion for a Protective Order | Motion that protects a party from having to disclose privileged information.
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| 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.
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| Motion for Limine | Motion to prevent evidence from being presented to the jury.
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| Motion to Compel | Motion to force the opposing party to comply with a request for discovery.
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| Opening Statements | Statements made by counsel to the jury at the beginning of trial.
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| Overrule | To deny an objection.
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| Peremptory Challenge | Request to remove a potential juror for no articulated reason.
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| Pretrial Conference | Conference involving the judge and parties at which issues and procedures for the trial are clarified and efforts are made at settlement.
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| Request for Admissions | Request by one party asking the other party to admit certain facts.
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| Request for Medical Examination | Request that the opposing party be examined by a physician chosen by the party making the request.
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| Request for Production of Documents | Request for document in possession of the opposing party.
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| Res Judicta | Legal principle stating that issues litigated cannot be re-litigated at a later time.
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| 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.
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| Sustain | To grant an objection.
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| Verification | Affidavit indicating that the plaintiff has read the complaint and to the best of his or her knowledge believes it to be true.
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| Voir Dire | Process of jury selection involving the use of challenges for cause and peremptory challenges.
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