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Introduction to Paralegalism > 10 - Civil Liability Terms > Flashcards

10 - Civil Liability Terms Flashcards

1
Q

liable

A

legally responsible

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2
Q

joint and several liability

A

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

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3
Q

appearance

A

formally coming before a tribunal as a part or as a representative of a party

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4
Q

praecipe

A

a formal request to the court (usually directed to the court clerks) that something be done

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5
Q

forum

A

1 - a court
2 - the place where the parties are presently litigating their dispute
3 - a court or other tribunal hearing a case

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6
Q

stating a cause of action

A

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)

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7
Q

allegation

A

a claimed fact; a fact that a party will try to prove at trial

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8
Q

information and belief

A

good-faith belief as to the truth of an allegation, not based on firsthand knowledge

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9
Q

ad damnum clause

A

a clause stating the damages claimed

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10
Q

file

A

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

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11
Q

civil cover sheet

A

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.

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12
Q

summons

A

a notice directing the defendant to appear in court and answer the plaintiff’s complaint or face a default judgment (served on the defendant)

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13
Q

proof of service

A

a sworn statement (or other evidence) that a summons or other process has been served on a party in an action

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14
Q

litigation hold

A

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)

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15
Q

movant

A

a party making a motion or request

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16
Q

failure to state a cause of action

A

failure of a party to allege enough facts that, if proved, would entitle the party to judicial relief

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17
Q

procedural law

A

the rules that govern the mechanics of resolving a dispute in court in an AA

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18
Q

answer

A

the first pleading of the defendant in response to the plaintiff’s claims

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19
Q

defense

A

an allegation of fact or a legal theory offered to offset or defeat a claim or demand

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20
Q

affirmative defense

A

a defense raising facts or arguments that will defeat the opponent’s claim even if the opponent’s allegations in the claim are prove

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21
Q

contributory negligence

A

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

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22
Q

cross-claim

A

a claim brought by one defendant against another defendant or by one plaintiff against another plaintiff in the same action

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23
Q

reply

A

a plaintiff’s response to the defendant’s counterclaim, plea, or answer

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24
Q

third-party complaint

A

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

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25
Q

contest

A

1 - to challenge

2 - to raise a defense against a claim

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26
Q

adverse judgment

A

a judgment or decision against you

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27
Q

pre-trial conference

A

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

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28
Q

magistrate

A

a judicial officer having some but not all of the powers of a judge

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29
Q

scheduling order

A

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

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30
Q

court reporter

A

the person who takes down and transcribes proceedings

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31
Q

subpoena duces tecum

A

a command to appear at a certain time and place and bring specified things such as documents

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32
Q

order

A

an official command by a court requiring, allowing or forbidding something

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33
Q

hearing

A

a proceeding designed to resolve issues of fact or law

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34
Q

summary

A

quick, expedited, without going through a full adversary hearing

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35
Q

summary judgment

A

a judgment of the court that is rendered without a full trial because of the absence of conflict on any of the material facts

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36
Q

introduce evidence

A

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

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37
Q

set for trial

A

to schedule a date when the trial is to begin

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38
Q

bailiff

A

a court employee who keeps order in the courtroom and renders general administrative assistance to the judge

39
Q

jury panel

A

a group of citizens who have been called to jury duty

40
Q

voir dire

A

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

41
Q

challenge for cause

A

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

42
Q

peremptory challenge

A

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

43
Q

alternate

A

an extra juror who will take the place of a regular juror if one is removed or becomes incapacitated during the trial

44
Q

empanel

A

select and swear in (referring to a jury)

45
Q

motion of limine

A

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

46
Q

rule on witnesses

A

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

47
Q

sequester

A

1 - to separate or isolate a jury or witness

2 - to seize and hold funds or other property

48
Q

opening statement

A

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

49
Q

burden of proof

A

the responsibility of proving a fact at the trial

50
Q

sidebar conference

A

discussion between the judge and the attorneys held at the judge’s bench so that the jury cannot hear what is being said

51
Q

objection

A

a formal challenge, usually directed at the evidence that the other side is trying to pursue or introduce

52
Q

excuse the jury

A

ask the jury to leave the courtroom

53
Q

examination

A

questioning of someone, who usually must answer under oath

54
Q

direct examination

A

the first questioning of a witness at a hearing by a party who called the witness

55
Q

sustain

A

to uphold or agree with

56
Q

cross-examination

A

questioning of a witness at a hearing by an opponent after the other side has conducted a direct examination of that witness

57
Q

re-direct examination

A

another direct examination of a witness after they were cross-examined (by the same attorney who conducted the direct examination)

58
Q

re-cross examination

A

another cross-examination of a witness after they have been through re-direct examination (by the same attorney who conducted the cross-examination)

59
Q

qualify

A

to present evidence of a person’s education and experience sufficient to convince the court that the witness has expertise in a particular area

60
Q

expert witness

A

a person qualified by scientific, technical, or other specialized knowledge or experience to give an expert opinion on a fact in dispute

61
Q

court

A

1 - the judge

2 - a government tribunal for the resolution of legal disputes

62
Q

clerk

A

the court employee who assists judges with record keeping and other administrative duties

63
Q

exhibit

A

a document, chart, or other object offered and introduced into evidence

64
Q

move into evidence

A

to request that an item be formally declared admissible

65
Q

rest

A

to announce formally that you have concluded the presentation of evidence (tangible evidence, direct examination or own witnesses, etc.)

66
Q

case-in-chief

A

the main presentation or evidence by a party, not including any rebuttal evidence this party may want to present later

67
Q

adjourn

A

to halt the proceedings temporarily

68
Q

judgment as a matter of law

A

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)

69
Q

directed verdict

A

a judge’s decision not to allow the jury to deliberate because only one verdict is reasonable

70
Q

judgment notwithstanding the verdict (JNOV)

A

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

71
Q

advisement

A

careful consideration

72
Q

prima facie case

A

a party’s presentation of evidence that will prevail unless the other side presents move convincing counterevidence

73
Q

closing argument

A

final statement by an attorney to the jury; statement summarizes evidence that was presented during the trial and requests a favorable decision

74
Q

jury instructions

A

a statement of the law given to the jury by the judge for use in deciding the issues of facts in its verdict

75
Q

declaratory judgment

A

a binding judgment that declares rights and obligations without ordering anything to be done

76
Q

motion for a new trial

A

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

77
Q

appeal

A

a proceeding in which a higher tribunal reviews or reconsiders the decision of an inferior tribunal

78
Q

stay

A

the suspension or postponement of a judgment or a proceeding

79
Q

timely

A

within the time set by contract or law

80
Q

notice of appeal

A

a party’s notice given to a court and to the opposing party of an intention to appeal

81
Q

judgment on the merits

A

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

82
Q

bar

A

prevent or stop

83
Q

docketed

A

placed on a court’s list of pending cases

84
Q

reply brief

A

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)

85
Q

appellee

A

that party against whom the appeal is brought

86
Q

issue on appeal

A

a claimed error of law committed by a lower court

87
Q

oral argument

A

a spoken presentation to the court on a legal issue

88
Q

panel

A

the group of judges, usually three, who decide a case on behalf of a court with a large number of judges

89
Q

petition

A

1 - a formal request or motion

2 - a complaint

90
Q

waive

A

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

91
Q

rehearing

A

a second (or later) hearing by a court to reconsider the decision made after an earlier hearing

92
Q

appeal by right

A

the appeal of a case that an appellate court must hear; it has no discretion on whether to take the appeal

93
Q

mandate

A

an order of a court

94
Q

satisfy

A

to comply with a legal obligation

Introduction to Paralegalism (19 decks)

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