Legal Terms
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| Plaintiff | the party filing the lawsuit
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| Defendant | the party against whom the lawsuit is filed
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| Summons | Notice of a lawsuit given to a defendant
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| Complaint | Plaintiff's claim and demand
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| Discovery | An exchange of information regarding the party's claims including documents as well as the opportunity to question the witnesses
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| Deposition | Where the witnesses are placed under oath and are questioned
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| Voir Dire | The entire process of juror questioning
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| Civil trial | A dispute between 2 or more parties that does not involve a criminal matter and is not a dispute between family members regarding divorce or child custody
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| Closing statement | Final argument made by lawyers after all evidence has been presented
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| Opening Statement | Given during the beginning of the trial, purpose is to explain the case
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| Evidence | anything that tends to prove or disprove a claim about the facts
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| Exhibit | tangible evidence
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| Witness | a person who observed or participated in an event relevent to the subject of the trial
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| Testimony | witness's statement
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| Expert Witness | someone who may not have observed the event that is the subject of the lawsuit but because of his or her qualifications, is in a position to evaluate certain evidence and render an opinion.
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| Direct Examination | questions asked to the witness that will bring out the facts of the case
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| Leading Questions | Questions in a form that would force a certain answer.
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| Object | disapproving of a question asked by a lawyer
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| Sustain | to keep the objection placed by the lawyer, the objection is put into action
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| Overrule | to disregard an objection placed by a lawyer
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| Cross Examine | asking questions to the witness after the direct examination
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| Resting the Case | when all evidence for the plaintiff or the state has been submitted
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| Redirect Examination | questions asked to clarify points developed during the cross examination
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| Side Bar | When the lawyers are in an argument, the lawyers are called to speak to the judge. Side bar discussions often concern matters of law or procedure and the judges decide to favor one side or another.
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| Leading the Witness | One lawyer feels that the opposite side is manipulating the questioning to get the witness to yes to the questions-- Questions in a form that would suggest the answer. In a sense the lawyer is putting words in the client's mouth.
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| Hearsay | A lawyer will object if he/she believe that the witness is recounting events that he did Anot see or hear first hand. A witness is not allowed to talk about what someone told him about an event-- he may only speak if events that he himself witnessed
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| Relevence | Questions must have some bearing on the case and must relate to the case by addressing things the witness would be expected to know
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| Negligent Malpractice | This is the charge being brought against the doctors. It must be proven that they deviated from the reasonable, accepted standard of care for an operation of this type.
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| Proximate Cause | To determine what ever the defendant(s) did was the cause of what happened to the plaintiff. (Ex. If the doctors' negligence caused what ever damage occured)
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| Preponderance of Evidence | clear and convincing evidence presented by one side which influences the jury to vote in their favor.
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| Asked and Answered | This objection would normally be raised after the opposing attorney asks a question which has already been answered in some capacity.
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Created by:
Sharon Smolen
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