Terms : Hide Images
| 5990597541 | estate | All the property left by someone who has died. | 0 | |
| 5990597752 | civil law | a violation of civil law does not directly harm the community; the person harmed sues the violator | 1 | |
| 5990598103 | court | the tribunal or forum where the trial occurs as well as the judge himself. | 2 | |
| 5990598311 | liable | legally responsible | 3 | |
| 5990598496 | damages | an amount of money paid to atone for injury or economic loss | 4 | |
| 5990599297 | doctrine | a legal concept generally accepted by most courts, which although often not law, offers guidance to the court. | 5 | |
| 5990600946 | joint and several liability | When multiple defendants may be found liable as a group or separately | 6 | |
| 5990601888 | retainer | Money paid to an attorney to secure her services; also refers to the contract between the attorney and client. | 7 | |
| 5990602808 | appearance | When an attorney acts on behalf of a client in court. | 8 | |
| 5990605069 | attorney of record | When an attorney has entered an appearance he or she is the attorney of record in the case | 9 | |
| 5990605719 | venue | the place of trial | 10 | |
| 5990605790 | diversity of citizenship | when a federal court hears a case based upon the fact that the parties are from different states and that the amount of money claimed as damages exceeds a minimum set by federal statue which is currently $75,000 | 11 | |
| 5990607763 | plantiff | the part who initiates the action by filing a complaint, claiming injury or harm | 12 | |
| 5990608599 | statue of limitations | the time limit for filing suit. | 13 | |
| 5990608710 | summons | document that informs the defendant that he is being sued and that he has a specific amount of time to respond | 14 | |
| 5990608939 | complaint | the pleading that initiate litigation. Filed by the plaintiff, contains the general allegations against the defendant. | 15 | |
| 5990610552 | parties | individuals or groups involved in a legal action. | 16 | |
| 5990611218 | cause of action | a legal valid reason to sue | 17 | |
| 5990611573 | information and belief | a common legal phrase that qualifies a statement as being a fact only to the best knowledge of the person making the statement | 18 | |
| 5990612535 | defendant | the party against whom a complaint is filed | 19 | |
| 5990613006 | ad damnum clause | element of a complaint that asks for damages | 20 | |
| 5990613142 | co-defendants | multiple defendants in a legal action | 21 | |
| 5990613437 | pleading | a document filed with the court asking the court to take some specific legal action. A motion asks the court to rule on a procedural matter. A pleading states a party's position in a legal matter. | 22 | |
| 5990614494 | allegation | a fact claimed by a party. | 23 | |
| 5990614660 | jury trial | a jury is a group of citizens selected from the community to determine the outcome of a case | 24 | |
| 5990614967 | filed | a document is filed when it is presented of the clerk of court | 25 | |
| 5990615931 | service or served | the presentation of legal papers | 26 | |
| 5990616072 | service of process | process is the summons and complaint. Service of process is the delivery of the summons and complaint upon the defendant in a court action. Service is usually done in person. However, service may, in some circumstances be mad by mail, by publishing a notice in a newspaper or by serving a company. | 27 | |
| 5990616884 | personal service | service of legal papers upon an individual as opposed to a business or registered agent. | 28 | |
| 5990617145 | process server | a person who is permitted by law to serve legal documentation but must at least be 18 and not a party to the action. | 29 | |
| 5990617820 | affidavit | a written statement of fact sworn to under oath | 30 | |
| 5990617990 | affiant | one who signs an affidavit | 31 | |
| 5990618061 | attest | to swear | 32 | |
| 5990618288 | notary public | a person authorized to administer the oath and to verify that an individual signs a legal document | 33 | |
| 5990618758 | jurisdiction | authority of a court to hear and decide a case | 34 | |
| 5990618921 | in personam jurisdiction | jurisdiction over a person | 35 | |
| 5990619181 | in rem jurisdiction | jurisdiction over the controversy, often property | 36 | |
| 5990619751 | quasi in rem jurisdiction | jurisdiction over property, even though the property is no the controversy | 37 | |
| 5990619971 | lis pendens | attachment to the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation | 38 | |
| 5990620585 | lien | attachment to the title of a piece of property preventing its sale until a previous financial obligation has been satisfied | 39 | |
| 5990621067 | rules of court | lawa that govern the procedures of trials | 40 | |
| 5990621432 | answer | the pleading filed by the defendant in response to the allegations contained in the complaint | 41 | |
| 5990621900 | affirmative defense | an admission that a specific act did occur, arguing that the fault lies not with the defendant. | 42 | |
| 5990622201 | counterclaim | a claim by the defendant against the plaintiff. | 43 | |
| 5990625130 | cross claim | a claim by one defendant against a co defendant. | 44 | |
| 5990625448 | third party complaint | pleading where a defendant sue someone not yet a party to the action. | 45 | |
| 5990625955 | reply | this pleading is the plaintiffs response to a defendants counterclaim | 46 | |
| 5990626238 | default judgment | a judgment by the court in favor of the plaintiff based on the fact that the defendant failed to respond in a timely matter. | 47 | |
| 5990626949 | motion | a request that the court take a specific procedural step. | 48 | |
| 5990627294 | litigation | the process of asking a court of law to ecide the outcome of a dispute | 49 | |
| 5990627429 | contest | to challenge | 50 | |
| 5990627700 | discovery | the methods whereby one party obtains relevant information on a case from the other party. | 51 | |
| 5990628152 | interrrogatories | written questions to the opposing party taht must be answered under penalty of perjury | 52 | |
| 5990628493 | request for admissions | written statements the opposing party must admit or deny under penalty of perjury | 53 | |
| 5990628882 | request for production | a request that documents or other physical items be provided for inspection | 54 | |
| 5990629731 | request for mental or physical examination | request that the other party be subjected to a mental or physical examination. | 55 | |
| 5990629973 | depositions | oral questions that must be answered under oath. | 56 | |
| 5990630265 | certificate of mailing or certificate of service | when a document is filed with the court or when discovery is sent to a party, a certificate of amiling is usually attached | 57 | |
| 5990630549 | order | an official command by the court, usually demanding that one or both of the parties perform an act. | 58 | |
| 5990630749 | hearing | a proceeding in court, where the judge and both parties are present | 59 | |
| 5990630939 | hearing | a proceeding in court, where the judge and both parties are present | 60 | |
| 5990631123 | priviledge | the right to reuse to testify or to prevent someone else from testifying | 61 | |
| 5990631289 | ex parte hearing | a haring at which only one part is present, such as a hearing on a motion for a restraining order | 62 | |
| 5990631687 | third party defendant | the party against whom the third party complaint was filed. The defendant in the original complaint becomes the third party plaintiff | 63 | |
| 5990634374 | motion to dismiss | asking the court to end a case without going to trial | 64 | |
| 5990634862 | dismissal with prejudice | a case is dismissed and may not be brought again because the court has made up its mind about the case | 65 | |
| 5990635146 | dismissal without prejudice | a case is dismissed by may be filed again, because the court has not made up its mind about the matter | 66 | |
| 5990635375 | trial brief | also called a trial memorandum or points and authorities this document is filed with the court to argue a legal issue, relying on law to support the party's position. | 67 | |
| 5990635968 | motion for summary judgment | a pretrial motion asking the court to determine the outcome of the case based on the pleadings and motions rather than going to trail with a jury. | 68 | |
| 5990636404 | magistrate | a judicial officer who amy preside over hearing, magistrate does not have all the powers of a judge. | 69 | |
| 5990636834 | pretrial conference | a meeting between counsel for the parties regarding a fact issue or point that will not be disputed at trail | 70 | |
| 5990637360 | at issue | a legal question to be answered by the court | 71 | |
| 5990637521 | evidence | that which tends to establish or disprove a fact | 72 | |
| 5990637827 | direct evidence | evidence from personal observation that tends to establish a fact without the need for an inference. | 73 | |
| 5990638708 | circumstantial evidence | evidence of one fact that reuqres an inference to establish another fact. | 74 | |
| 5990639111 | oral evidence | evidence give orally | 75 | |
| 5990639326 | physical evidence | evidence that can be touched | 76 | |
| 5990640155 | admissible | the evidence that will be allowed to be considered by the jury | 77 | |
| 5990641189 | docket | the court's official calendar | 78 | |
| 5990641302 | set for trail | to set a date for trial upon which the attorney's parties and court agree | 79 | |
| 5990641663 | jury | a groups of citizens called upon to hear a case | 80 | |
| 5990641903 | jury panel | the group from which a jury will be selected | 81 | |
| 5990642026 | voir dire | to question prospective jurors | 82 | |
| 5990642331 | challenge for cause | a method of dismissing a juror for good cause shown | 83 | |
| 5990642475 | peremptory challenge | a method of dismissing a juror for which on reason need be given . | 84 | |
| 5990642673 | bailiff | court employee who keeps order in the courtroom | 85 | |
| 5990642787 | alternate juror | a person who sits to hear the entire case with the jury, but who will not deliberate or vote on a verdict unless one of the jurors is dismissed. | 86 | |
| 5990643365 | opening statements | presentations made by the attorneys at the beginning of a trial | 87 | |
| 5990643749 | burden of proof | the degree to which something must be proved at trial | 88 | |
| 5990644027 | preponderance of the evidence | the burden of proof in civil cases means that it is more likely that not that a fact is a party alleges it to be. | 89 | |
| 5990644728 | rule on witnesses | a rule that states that a witness in a case may not be in the courtroom during the testimony of other witnesses | 90 | |
| 5990645184 | subpoena | the document issued under authority of the court to compell the appearance of a witness | 91 | |
| 5990645617 | subpoena duces tecum | a document issued under authority of the court to compel the appearance of a witness and ordering the witness to provide specific documents | 92 | |
| 5990646238 | objection | a formal challenge by opposing counsel to evidence or question asked of a witness | 93 | |
| 5990646594 | bench conference | a discussion between the judge and the attorney's usually conducted at the judge's bench so the jury cannot hear what is said. | 94 | |
| 5990647282 | prejudicial | the tendency to cause bias even where no bias has existed previously | 95 | |
| 5990647377 | probative value | the value of pursuing an investigative or probing line of questioning | 96 | |
| 5990647822 | preserving the record | an attorney making statements or repeating a previously overruled motion, to protect any right to appeal at a later point | 97 | |
| 5990648224 | sustain | to affirm an objection | 98 | |
| 5990648311 | competency | legal capacity to testify | 99 | |
| 5990648675 | examination | questions directed at a witness who is under oath in court or at a deposition | 100 | |
| 5990648870 | direct examination | questioning the witness first | 101 | |
| 5990649040 | cross examination | after direct examination, the other part may cross-examine the witness, but is limited to the topics brought up under direct questioning | 102 | |
| 5990649436 | redirect examination | the party conducting direct examination conducts the redirect examination to clarify matters brought up during cross | 103 | |
| 5990649772 | recross examination | the party conducting cross examination conducts the recross examination | 104 | |
| 5990650296 | proximate cause | the event or point at which a series of incidents beigns ultimately reulting in an event with damages | 105 | |
| 5990650489 | negligence | establisment of a duty, followed by a breach of that duty.followed by a breach of that duty resulting, in damages. | 106 | |
| 5990653084 | excuse the jury | the judge instructs the jury to leave the courtroom temporarily | 107 | |
| 5990653224 | grounds | reasons or reason | 108 | |
| 5990653320 | relevant | tending to prove or disprove a fact in issue | 109 | |
| 5990653435 | to strike from the record | to ahve certain testimony removed from the record of the trial | 110 | |
| 5990653705 | clerk of court | the person or persons responsible for the court files and exhibits | 111 | |
| 5990654104 | exhibit | a physical item presneted to support an argument | 112 | |
| 5990654302 | introduction of evidence | attorney must move for a peice of evidence to be admitted into evidence | 113 | |
| 5990654564 | resting a case | when a party is finished presenting evidence, it rests | 114 | |
| 5990654753 | move | to presnet a motion to the court | 115 | |
| 5990654831 | motion for directed verdict | the court is asked to decide the outcome of a case because the plantiff has filed to establish a prim facie case | 116 | |
| 5990655122 | adjour | to halt temporarily, but not end, the trial | 117 | |
| 5990655474 | prima facie casa | a case that is sufficient on its face. all the faces are eventually proved true at the trial | 118 | |
| 5990655955 | take under advisement | the court delays a ruling on a motion so that hte motion may be considered. | 119 | |
| 5990657152 | expert witness | a person who has been qualified by the court ot have experience and knowledge in a specific area and who will be allowed to express opinions related to his area of knowledge | 120 | |
| 5990657468 | qualify | to establish a witness's expertise ina specific area | 121 | |
| 5990657547 | voir dire | to question a potential witness to determine his or her competency or the appropriateness of his or her testimony | 122 | |
| 5990657985 | closing argument | each attorney addressing the jury or the court at the end of the trial | 123 | |
| 5990658585 | jury instructions | guidelines to the jury about how the law is to be applied and the facts that may be considered during its deliberations | 124 | |
| 5990659251 | deliberations | a jury's discussion of the case, in private, following the trial, with the goal of rendering a verdict | 125 | |
| 5990659548 | verdict | the final conclusion of the jury | 126 | |
| 5990659611 | foreperson | the member elected by the jury to the lead the discussion | 127 | |
| 5990659747 | motion for judgment NOV | a motion asking the court to disregard the jury's verdict and replace it with the court's own verdict. | 128 | |
| 5990660128 | judgment | the final conclusion of the court | 129 | |
| 5990660263 | additur | when the judge adds to the amount a jury has awarded | 130 | |
| 5990660479 | remittitur | the process whereby a judge subtracts from the amount of damages a jury has awarded | 131 | |
| 5990660835 | motion for new trial | a request that the judge order a new trial because of procedural errors | 132 | |
| 5990661214 | appeal | to ask the court at the next higher level to determine whether the trial court erred | 133 | |
| 5990661698 | appeal as a matter of right | a parry who loes in the trial court ahs the right to have his or her case heard by the next highest level in civil court. | 134 | |
| 5990662514 | waive | the give up a right | 135 | |
| 5990662614 | stay | to delay the implementation of a court's order | 136 | |
| 5990662955 | notice of appeal | written notification in motion form that a party intends to appeal | 137 | |
| 5990663208 | bond on appeal | a um of money held by the court to ensure that the funds from the award will be availabe after the appellate process | 138 | |
| 5990665019 | res judicata | doctrine stating that a case that has been decided on its merits may not be re-litigated | 139 | |
| 5990665450 | to bar | to prevent/stop | 140 | |
| 5990665614 | appellant or petitioner | the party initiating an appeal | 141 | |
| 5990665800 | appelle | the party responding to an appeal | 142 | |
| 5990666186 | record | the official collection of all pleading, exhintis, motions, orders and transcript | 143 | |
| 5990666509 | transcript | the word for word typed record of what occurred at trial | 144 | |
| 5990666820 | appellate brief | a written arugment by a party covering the issues called points of error on appeal | 145 | |
| 5990667324 | points of error | the questions that are the basis for the appeal | 146 | |
| 5990667571 | response brief | a written answer to the appellate brief | 147 | |
| 5990668386 | oral argument | an oral presentation to an appellate court | 148 | |
| 5990668610 | panel of justices | the portion of a appellate level court that hears a case | 149 | |
| 5990668828 | en banc | when the entire appellate level court sits to hear and decide a case | 150 | |
| 5990669830 | opinion | written decision of the court | 151 | |
| 5990669966 | majority opinion | the strongest form of opinion. 50% or more | 152 | |
| 5990670196 | affirm | the appellate court agrees with the decision of the trial court | 153 | |
| 5990670379 | reverse | the appellate court disagrees with and nullifies the decision of the trial court | 154 | |
| 5990671752 | modify | the appellate court alters the decision of the trial court | 155 | |
| 5990672183 | remand | the appellate court sends the case back to the trial court for further deliberation | 156 | |
| 5990672461 | concurring opinion | opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons | 157 | |
| 5990672916 | petition | to make formal request to the court. | 158 | |
| 5990673229 | rehearing | a second chance to present arguments to the court on the same issues | 159 | |
| 5990673832 | petition of writ of certiorari | the vehicle by which the case is taken from the court of appeals to the supreme court | 160 | |
| 5990678132 | criminal law | a violation of criminal law is viewed as harming the community | 161 | |
| 5990678315 | prosection | the bringing of criminal charges against a defendant | 162 | |
| 5990678624 | state or government | in a criminal case these terms mean prosecution | 163 | |
| 5990678867 | warrant | an order from a judicial officer or the court authorizing an arrest or a search or seizure of property | 164 | |
| 5990679445 | initial appearance | the first court appearance by a defendant to a criminal charge, during which the court informs him or her of the charges, decides whether bail is appropriate and sets the date for the next court proceeding | 165 | |
| 5990679906 | misdemeanor | a crime punsihable by a sentence of less than one year | 166 | |
| 5990680318 | felony | a crime punishable by a sentence of a year or more in prison | 167 | |
| 5990682258 | bail | money or property deposit with the court ot procure the release of a defendant and the ensure the appearance of the defendant at trial | 168 | |
| 5990711897 | bail bond | writtne agreement to pay the full bail amount to the court if the defendant is released without being required to post bail, on the promise that he or she will appear in court at designated times | 169 | |
| 5990712722 | personal recognizance | a defendant is released without being required to post bail, on the promise that he or she will appear in court | 170 | |
| 5990713632 | assigned counsel | an attorney who is ordered to represent a defendant usually because the defendant cannot afford an attorney | 171 | |
| 5990714106 | counsel | legal representative attorney | 172 | |
| 5990714236 | nolle prosequi | the decision of the prosecutor not to prosecute, even though he or she believes there is sufficient evidence to do so | 173 | |
| 5990715067 | district attorney | prosecutor for the state | 174 | |
| 5990715179 | plead | to declare a defendant's position in a criminal trial, usually either "guilty" or "Not guilty" | 175 | |
| 5990715616 | plea bargain | a defendant in a criminal case agrees to plead guilty, usually to a lesser charge, in return for a reduced sentence | 176 | |
| 5990716163 | nolo contendere | when a defendant decides not to contest the charges, but does not admit guilt | 177 | |
| 5990716716 | preliminary hearing | a hearing requiring the state to produce sufficient evidence to establish that there is probably cause to believe that a crime has been committed by the defendant | 178 | |
| 5990717363 | probably cause | a reasonable bias to believe that a crime has been committed. | 179 | |
| 5990717964 | bound over | submitted; sent | 180 | |
| 5990718143 | grand jury | an investigatory panel that determines whether probably cause exists to return an indictment | 181 | |
| 5990719093 | indictment | a formal charge by a grand jury alleging a criminal act | 182 | |
| 5990719383 | arraignment | formal hearing in court where the defendant is informed of the charges being brought and generally pleads guilty, not guilty, nolo contendere | 183 | |
| 5990720455 | beyond a reasonable doubt | the degree of proof required in a criminal prosecution usually requiring unanimous agreement of the jury | 184 | |
| 5990721004 | acquit | to find the defend not guilty | 185 | |
| 5990721249 | adverse judgement | a judgment against your client | 186 | |
| 5990721494 | double jeopardy | in a criminal case the state cannot retry a defendant on the same cahrges once a not guilty verdict is rendered by a judge or jury | 187 | |
| 5990721907 | chain of custody | for evidence to maintain its integrity | 188 | |
| 5990722282 | full faith and credit | State must give full faith and credit to the laws and judgments of other states | 189 | |
| 5990722956 | precedent | a prior case that a subsequent court may rely upon when deciding a matter with similar facts | 190 | |
| 5990723602 | stare decisis | the principle that a court should follow previous court decisions unless there exists a compelling reason not to. | 191 | |
| 5990724672 | due process | legal principle that the government must safeguard the legal rights must safeguard the legal rights owed to a person according to the law, including notice of proceedings and a chance to be heard prior to the loss of life, liberty, or property | 192 | |
| 5990728949 | notice | to provide, or to gain knowledge of legally relevant information. Notice this is a critical concept applicable in almost every area of law. | 193 |
