chapter three
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| Certiorari, writ of | Formal notice from the United States Supreme Court that it will accept a case for review.
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| In camera | “In the judge’s chambers,” meaning that the judge does something out of view of the jury and the public.
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| Voir dire | The process of selecting a jury. Attorneys for the parties and the judge may inquire of prospective jurors whether they are biased or incapable of rendering a fair and impartial verdict.
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| Alternative dispute resolution | Any method of resolving a legal conflict other than litigation, such as: negotiation, arbitration, mediation, mini-trials, and summary jury trials.
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| Answer | The pleading, filed by the defendant in court and served on the plaintiff, which responds to each allegation in the plaintiff’s complaint.
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| Appellant | The party who appeals a lower court decision to a higher court.
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| Appellate court | Any court in a state or federal system that reviews cases that have already been tried.
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| Appellee | The party opposing an appeal from a lower court to a higher court.
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| Arbitration | A form of alternative dispute resolution in which the parties hire a neutral third party to hear their respective arguments, receive evidence, and then make a binding decision.
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| Beyond a reasonable doubt | The government’s burden in a criminal prosecution.
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| Brief | The written legal argument that an attorney files with an appeal court.
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| Challenge for cause | An attorney’s request, during voir dire, to excuse a prospective juror because of apparent bias.
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| Class action | A method of litigating a civil lawsuit in which one or more plaintiffs (or occasionally defendants) seek to represent an entire group of people with similar claims against a common opponent.
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| Complaint | A pleading, filed by the plaintiff, providing a short statement of the claim.
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| Counter-claim | A claim made by the defendant against the plaintiff.
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| Cross-examination | During a hearing, for a lawyer to question an opposing witness.
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| Default judgment | Court order awarding one party everything it requested because the opposing party failed to respond in time.
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| Deponent | The person being questioned in a deposition.
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| Deposition | A form of discovery in which a party’s attorney has the right to ask oral questions of the other party or of a witness. Answers are given under oath.
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| Direct examination | During a hearing, when a lawyer asks questions of his own witness.
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| Directed verdict | The decision by a court to instruct a jury that it must find in favor of a particular party because, in the judge’s opinion, no reasonable person could disagree on the outcome.
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| Discovery | A stage in litigation, after all pleadings have been served, in which each party seeks as much relevant information as possible about the opposing party’s case.
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| Dismiss | To terminate a lawsuit, often on procedural grounds, without reaching the merits of the case.
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| Diversity jurisdiction | One of the two main types of civil cases that a United States district court has the power to hear. It involves a lawsuit between citizens of different states, in which at least one party makes a claim for more than $75,000.
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| Error of law | A mistake made by a trial judge that concerns a legal issue as opposed to a factual matter. Permitting too many leading questions is a legal error; choosing to believe one witness rather than another is a factual matter.
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| Evidence, rules of | Law governing the proof offered during a trial or formal hearing. These rules limit the questions that may be asked of witnesses and the introduction of physical objects.
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| Expert witness | A witness in a court case who has special training or qualifications to discuss a specific issue, and who is generally permitted to state an opinion.
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| Federal question jurisdiction | One of the two main types of civil cases that a United States district court has the power to hear. It involves a federal statute or a constitutional provision.
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| Harmless error | A ruling made by a trial court which an appeals court determines was legally wrong but not fatal to the decision.
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| Instructions or charge | The explanation given by a judge to a jury, outlining the jury’s task in deciding a lawsuit and the underlying rules of law the jury should use in reaching its decision.
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| Interrogatory | A form of discovery in which one party sends to an opposing party written questions that must be answered under oath.
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| Judgment non obstante veredicto (n.o.v.) | “Judgment notwithstanding the verdict.” A trial judge overturns the verdict of the jury and enters a judgment in favor of the opposing party.
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| Jurisdiction | The power of a court to hear a particular dispute, civil or criminal, and to make a binding decision.
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| Litigation | The process of resolving disputes through formal court proceedings.
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| Mediation | The process of using a neutral person to aid in the settlement of a legal dispute. A mediator’s decision is non-binding.
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| Modify | An appellate court order changing a lower court ruling.
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| Motion | A formal request that a court take some specified step during litigation. A motion to compel discovery is a request that a trial judge order the other party to respond to discovery.
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| Motion for a protective order | A request that the court limit discovery.
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| Peremptory challenge | During voir dire, a request by one attorney that a prospective juror be excused for an unstated reason.
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| Pleadings | The documents that begin a lawsuit: the complaint, the answer, the counter-claim and reply.
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| Preponderance of the evidence | The level of proof that a plaintiff must meet to prevail in a civil lawsuit. It means that the plaintiff must offer evidence that, in sum, is slightly more persuasive than the defendant’s evidence.
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| Production of documents and things | A form of discovery in which one party demands that the other furnish original documents or physical things, relating to the suit, for inspection and copying.
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| Protective order | A court order limiting one party’s discovery.
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| Reasonable doubt | The level of proof that the government must meet to convict the defendant in a criminal case. The factfinder must be persuaded to a very high degree of certainty that the defendant did what the government alleges.
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| Reply | A pleading, filed by the plaintiff in response to a defendant’s counter-claim.
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| Request for admission | A form of discovery in which one party demands that the opposing party either admit or deny particular factual or legal allegations.
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| Reverse | The power of an appellate court to overrule a lower court and grant judgment for the party that had lost in the lower court.
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| Summary judgment | The power of a trial court to terminate a lawsuit before a trial has begun, on the grounds that no essential facts are in dispute.
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| Trial court | Any court in a state or federal system that holds formal hearings to determine the facts in a civil or criminal case.
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| Verdict | The decision of the factfinder in a case.
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| Writ of certiorari | A petition asking the Supreme Court to hear a case.
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| Burden of proof | The allocation of which party must prove its case. In a civil case, the plaintiff has the burden of proof to persuade the factfinder of every element of her case. In a criminal case, the government has the burden of proof.
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