10 - Civil Liability Terms Flashcards
liable
legally responsible
joint and several liability
legally responsible together and individually; the injured party can choose to collect the full debit from one wrongdoer or from all of them until the debit is satisfied
appearance
formally coming before a tribunal as a part or as a representative of a party
praecipe
a formal request to the court (usually directed to the court clerks) that something be done
forum
1 - a court
2 - the place where the parties are presently litigating their dispute
3 - a court or other tribunal hearing a case
stating a cause of action
including facts in a pleading that, if proved at trial, would entitle the party to judicial relief sought (assuming the other party doesn’t plead and prove a defense that would defeat the effort)
allegation
a claimed fact; a fact that a party will try to prove at trial
information and belief
good-faith belief as to the truth of an allegation, not based on firsthand knowledge
ad damnum clause
a clause stating the damages claimed
file
1 - to deliver a document to a court officer so that it can become part of the official collection of documents in a case
2 - to deliver a document to a government agency
civil cover sheet
a form filed in court in a civil case that indicates the names and addresses of the parties and their attorneys, the kind of action being filed, etc.
summons
a notice directing the defendant to appear in court and answer the plaintiff’s complaint or face a default judgment (served on the defendant)
proof of service
a sworn statement (or other evidence) that a summons or other process has been served on a party in an action
litigation hold
a notice that a legal dispute has occurred and that information pertinent to the dispute must be preserved by the person or organization in possession or custody of such information (failure to do so may result in sanctions for spoliation)
movant
a party making a motion or request
failure to state a cause of action
failure of a party to allege enough facts that, if proved, would entitle the party to judicial relief
procedural law
the rules that govern the mechanics of resolving a dispute in court in an AA
answer
the first pleading of the defendant in response to the plaintiff’s claims
defense
an allegation of fact or a legal theory offered to offset or defeat a claim or demand
affirmative defense
a defense raising facts or arguments that will defeat the opponent’s claim even if the opponent’s allegations in the claim are prove
contributory negligence
the failure of the plaintiffs to use such reasonable care for their own protection as an ordinarily prudent person would have used in a similar situation, thereby helping to cause their own injury or other loss
cross-claim
a claim brought by one defendant against another defendant or by one plaintiff against another plaintiff in the same action
reply
a plaintiff’s response to the defendant’s counterclaim, plea, or answer
third-party complaint
a defendant’s complaint against someone who is not now a party on a basis that the latter may be liable for all or part of what the plaintiff might recover from the defendant
contest
1 - to challenge
2 - to raise a defense against a claim
adverse judgment
a judgment or decision against you
pre-trial conference
a meeting of the attorneys and the judge before the trial to attempt to narrow the issues, secure stipulations, and make efforts to settle the case without a trial
magistrate
a judicial officer having some but not all of the powers of a judge
scheduling order
a pre-trial order of a magistrate or judge that sets time limits for discovery, filings, further pre-trial conferences, and other related pre-trial matters
court reporter
the person who takes down and transcribes proceedings
subpoena duces tecum
a command to appear at a certain time and place and bring specified things such as documents
order
an official command by a court requiring, allowing or forbidding something
hearing
a proceeding designed to resolve issues of fact or law
summary
quick, expedited, without going through a full adversary hearing
summary judgment
a judgment of the court that is rendered without a full trial because of the absence of conflict on any of the material facts
introduce evidence
to place evidence formally before a court or other tribunal so that it will become part of the record for consideration by the judge, jury, or other decision-makers
set for trial
to schedule a date when the trial is to begin
bailiff
a court employee who keeps order in the courtroom and renders general administrative assistance to the judge
jury panel
a group of citizens who have been called to jury duty
voir dire
a preliminary exam of
a) prospective jurors for the purpose of selecting persons qualified to sit on a jury or
b) prospective witnesses to determine their competence to testify
challenge for cause
request from a party to a judge that a prospective juror not be allowed to become a member of this jury because of specified causes or reasons
peremptory challenge
a request from a party to a judge asking that a prospective juror not be allowed to become a member of this jury without stating a reason for this request
alternate
an extra juror who will take the place of a regular juror if one is removed or becomes incapacitated during the trial
empanel
select and swear in (referring to a jury)
motion of limine
a request raised preliminarily such as asking the court for a ruling on the admissibility of evidence prior to or during the trial but before the evidence has been offered
rule on witnesses
a rule that requires certain witnesses to be removed from the courtroom until it is time for their individual testimony so that they will not be able to hear each other’s testimony
sequester
1 - to separate or isolate a jury or witness
2 - to seize and hold funds or other property
opening statement
an attorney’s statement to the jury made before presenting evidence; statement summarizes or previews the case the attorney intends to try to establish during the trial
burden of proof
the responsibility of proving a fact at the trial
sidebar conference
discussion between the judge and the attorneys held at the judge’s bench so that the jury cannot hear what is being said
objection
a formal challenge, usually directed at the evidence that the other side is trying to pursue or introduce
excuse the jury
ask the jury to leave the courtroom
examination
questioning of someone, who usually must answer under oath
direct examination
the first questioning of a witness at a hearing by a party who called the witness
sustain
to uphold or agree with
cross-examination
questioning of a witness at a hearing by an opponent after the other side has conducted a direct examination of that witness
re-direct examination
another direct examination of a witness after they were cross-examined (by the same attorney who conducted the direct examination)
re-cross examination
another cross-examination of a witness after they have been through re-direct examination (by the same attorney who conducted the cross-examination)
qualify
to present evidence of a person’s education and experience sufficient to convince the court that the witness has expertise in a particular area
expert witness
a person qualified by scientific, technical, or other specialized knowledge or experience to give an expert opinion on a fact in dispute
court
1 - the judge
2 - a government tribunal for the resolution of legal disputes
clerk
the court employee who assists judges with record keeping and other administrative duties
exhibit
a document, chart, or other object offered and introduced into evidence
move into evidence
to request that an item be formally declared admissible
rest
to announce formally that you have concluded the presentation of evidence (tangible evidence, direct examination or own witnesses, etc.)
case-in-chief
the main presentation or evidence by a party, not including any rebuttal evidence this party may want to present later
adjourn
to halt the proceedings temporarily
judgment as a matter of law
a judgment on an issue in a jury trial that is ordered by the judge against a party because there is no legally sufficient evidentiary basis for a reasonable jury to find for that party no that issue (can be rendered before or after the verdict)
directed verdict
a judge’s decision not to allow the jury to deliberate because only one verdict is reasonable
judgment notwithstanding the verdict (JNOV)
a judgment by the trial judge that is contrary to the verdict reached by the jury because the verdict was not reasonable, in effect, overruling the jury
advisement
careful consideration
prima facie case
a party’s presentation of evidence that will prevail unless the other side presents move convincing counterevidence
closing argument
final statement by an attorney to the jury; statement summarizes evidence that was presented during the trial and requests a favorable decision
jury instructions
a statement of the law given to the jury by the judge for use in deciding the issues of facts in its verdict
declaratory judgment
a binding judgment that declares rights and obligations without ordering anything to be done
motion for a new trial
a request that the judge set aside the judgment and order a new trial because the evidence is insufficient to support the judgment, newly discovered evidence, or errors committed during the trial
appeal
a proceeding in which a higher tribunal reviews or reconsiders the decision of an inferior tribunal
stay
the suspension or postponement of a judgment or a proceeding
timely
within the time set by contract or law
notice of appeal
a party’s notice given to a court and to the opposing party of an intention to appeal
judgment on the merits
a judgment that determines which party is in the right, as opposed to a judgment that is based solely on a technical point or procedural error
bar
prevent or stop
docketed
placed on a court’s list of pending cases
reply brief
an appellate brief of the appellant that responds to the appellate brief of the appellee (any appellate brief that responds to an opponent’s appellate brief)
appellee
that party against whom the appeal is brought
issue on appeal
a claimed error of law committed by a lower court
oral argument
a spoken presentation to the court on a legal issue
panel
the group of judges, usually three, who decide a case on behalf of a court with a large number of judges
petition
1 - a formal request or motion
2 - a complaint
waive
to lose a right or privilege because of an explicit rejection of it or because of a failure to claim it at the appropriate time
rehearing
a second (or later) hearing by a court to reconsider the decision made after an earlier hearing
appeal by right
the appeal of a case that an appellate court must hear; it has no discretion on whether to take the appeal
mandate
an order of a court
satisfy
to comply with a legal obligation
