CHAP4 Legal Terminology Flashcards

Question

Legal Terminology: The Civil Process jury trial

Answer 1

A jury is a group of citizens selected from the community to determine the outcome of a case. In most cases, either party has the right to demand a jury trial, but if both parties agree, the judge may act in place of the jury. This is most common in very technical cases, such as a complex contract situation

Answer 2

A document is filed when it is presented to the clerk of the court. All documents and any copies are date stamped by the clerk of the court at the time of filing.

Answer 3

The presentation of legal papers.

Answer 4

Process is the summons and complaint. Service of process is the delivery of the summons and complaint upon the defendant in a court action.

Answer 5

Service of legal papers upon an individual. as opposed to a business or registered agent.

Answer 6

A written statement of fact sworn to under oath.

Answer 7

One who signs an affidavit.

Answer 8

A person authorized to administer the oath and to verify that an individual signs a legal document.

Answer 9

Authority of a court to hear and decide a case.

Answer 10

Jurisdiction over a person.

Answer 11

Jurisdiction over the controversy, often property.

Answer 12

jurisdiction over property, even though the property is not the controversy.

Answer 13

Attachment to the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation.

Answer 14

Attachment to the title of a piece of property preventing its sale until a previous financial obligation has been satisfied.

Answer 15

Laws that govern the procedures of trials.

Answer 16

The pleading filed by the defendant contained in the complaint

Answer 17

An admission that a specific act did occur, arguing that the fault lies not with the defenant. Intended to eliminate or reduce a plaintiffs damages.

Answer 18

A claim by one defendant against a co-defendant. One form of cross claim occurs when one original defendant sues another original defendant, but third-party complaints (see below) are also cross claims.

Answer 19

Pleading where a defendant sues someone not yet a party to the action.

Answer 20

This pleading is the plaintiff's response to a defendant's counterclaim.

Answer 21

A judgment by the court in favor of the plaintiff, based on the fact that the defendant failed to respond in a timely fashion.

Answer 22

A request that the court take a specific procedural step. Pleadings usually state specific legal positions about the matter before the court, while motions (such as a motion to extend time to respond) are procedural in nature, and act as a request for an order.

Answer 23

The process of asking a court of law to decide the outcome of a dispute; a lawsuit.

Answer 24

To challenge.

Answer 25

The methods whereby one party obtains relevant information on a case from the other party. The method that attempts to even the playing field between parties by exposing all relevant facts upon which the court will ultimately base its decision. Discovery is between the parties and does not directly involve the court, although the Certificate of Mailing for each document is often filed.

Answer 26

``` Interrogatories request for admissions request for production request for mental or physical examination depositions ```

Answer 27

Written questions to the opposing party that must be answered under penalty of perjury. Example: Describe the events leading to the accident.

Answer 28

A request that documents or other physical items be provided for inspection. Also referred to as a Request for Production or inspection of Documents or Property.

Answer 29

Written statements the opposing party must admit or deny under penalty of perjury. Failure to respond within a specified period of time (in most cases, 30 days) means that the statements are assumed to be admitted. Example: Admit or deny you had been drinking alcohol shortly before the accident.

Answer 30

Legal Terminology: The Civil Process

Answer 31

Legal Terminology: The Civil Process

Answer 32

When a document is filed with the court or when discovery is sent to a party, a certificate of mailing is usually attached. This certificate attests that a true and correct copy of the document was sent to all parties involved in the litigation. The certificate should be signed by the person who places it in the mail, unless the state requires an attorney's signature. This is often replaced with a Receipt of Copy (ROC).

Answer 33

An official command by the court, usually demanding that one or both of the parties perform an act.

Answer 34

A proceeding in court, where the Judge and both parties are present.

Answer 35

The right to refuse to testify or to prevent someone else from testifying.

Answer 36

A hearing at which only one party is present, such as a hearing on a motion for a restraining order. Ex parte hearings are not common.

Answer 37

The party against whom the third-party complaint was filed The defendant in the original complaint becomes the "third-party plaintiff."

Answer 38

Legal Terminology: The Civil Process Asking the court to end a case without going to trial. dismissal with prejudice - A case is dismissed and may not be brought again, because the court has made up its mind about the case. dismissal without prejudice - A case is dismissed but may be filed again, because the court has not made up its mind about the matter (i.e., "dismissed without prejudice to re-file").

Answer 39

Legal Terminology: The Civil Process Also called a trial memorandum or points and authorities, this document is filed with the court to argue a iegal issue, relying on law to support the party's position. Often filed in support of a motion, it attempts to convince the reader and only argues points favorable to the client.

Answer 40

A pretrial motion asking the court to determine the outcome of the case based on the pleadings and motions rather than going to trial with a jury. The argument is that there are no material facts in dispute, only law, and since the jury is the trier-of-fact (as we will see later), there is no need for a jury or trial. A motion for summary judgment may also refer to a motion to limit the issues that will be dealt with at trial, referred to as a partial summary judgment. A successful partial summary judgment determines the outcome of some, but not all, of the issues before the court.

Answer 41

A meeting between the court and the parties for clarification of procedural matters and to promote settlement.

Answer 42

A judicial officer who may Preside over hearings, a magistrate does not have all the powers of a judge. He or she ordinarily deals with procedural matters.

Answer 43

An agreement between counsel for the parties regarding a fact, issue, or point that will not be disputed at trial.

Answer 44

An agreement to end the litigation for an agreed-upon consideration, usually money.

Answer 45

A legal question to be answered by the court.

Answer 46

That which tends to establish or disprove a fact. direct evidence: Evidence (from personal observation) that tends to establish a fact without the need for an inference. Example: A witness who sees a gun fired can give direct testimony as to a shooting. circumstantial evidence: Evidence of one fact that requires an inference to establish another fact. Example: A witness who hears a shot, turns around and sees a man holding a gun can give circumstantial evidence as to a shooting. oral evidence: Evidence given orally, also called testimonial evidence. physical evidence: Evidence that can be touched, also called tangible or demonstrative evidence

Answer 47

The evidence that will be allowed to be considered by the jury. The jury will decide whether or not to believe the evidence.

Answer 48

The court's official calendar for trials and hearings to take place in that courtroom.

Answer 49

To set a date for trial upon which the attorneys, parties, and court agree.

Answer 50

A group of citizens who wil! be called upon to hear the evidence and render a verdict. The jury is the trier of fact.

Answer 51

Legal Terminology: The Civil Process

Answer 52

The group from which a jury will be selected.

Answer 53

To question prospective jurors. challenge for cause: A method of dismissing a juror for good cause shown. Challenges for cause are unlimited in number. peremptory challenge: A method of dismissing a juror for which no reason need be given. These challenges are limited in number, commonly three or six.

Answer 54

Court employee who keeps order in the courtroom.

Answer 55

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. Civil cases in many jurisdictions have no alternates. Instead, the parties and judge agree on the number of original jurors and on how many may be dismissed.

Answer 56

Presentations made by the attorneys at the beginning of a trial, stating the facts they intend to prove during the trial.

Answer 57

The degree to which something must be proved at trial. The party making an allegation or claim generally bears the burden of proof.

Answer 58

The burden of proof in civil cases means that it is more likely than not that a fact is as a party alleges it to be. The burden of proof in criminal matters is beyond a reasonable doubt, a higher standard.

Answer 59

A rule that states that a witness in a case may not be in the courtroom during the testimony of other witnesses. Mostly used in criminal cases, it may be used in civil cases at the judge's discretion.

Answer 60

The document issued under authority of the court to compel the appearance of a witness.