Chapter 9 - Civil Procedure, Evidence, and the Appellate Process - Terminology Flashcards
To uphold, ratify or approve
affirm
the defendant’s response to the allegations of the plaintiff’s complaint or petition
answer
appellee’s written response to the appellant’s law brief filed in an appellate court
answer brief
a person who takes an appeal to a higher court
appellant
the rules of procedure follow by the appellate courts in deciding appeals
appellate procedure
the party against whom a case is appealed to a higher court
appellee
right of a person (client) not to testify about matters discussed in confidence with an attorney in the course of the attorney’s representation of the client
attorney-client procedure
trial held before a judge without a jury present
bench trial
the requirement that the original document or best facsimile must be produced in the court to prove the content of a writing
best evidence rule
records kept in the ordinary course of business and records required the be kept by governments
business and public records
a meeting between a judge and counsel to review the status of a case before the court and to plan necessary steps to conclude the case
case management conference
a right to bring suit based on someone’s breach of a legal duty
cause of action
objection to prospective jurors on some specified ground (close relationship to case)
challenge for cause
indirect evidence from which the existence of certain facts may be inferred
circumstantial evidence
a reference to a statute or court decision, often designating a publication where the law or decision appears
citations
rules of court followed by courts in adjudicating civil cases
civil procedure
a lawsuit brought by one or more parties on behalf of themselves and others similarly situated
class action
the exemption of a clergyperson and a penitent from disclosing communications made in confidence by the penitent
clergy privilege
arguments presented at trial by counsel at the conclusion of the presentation of evidence
closing arguments
English common law system of filing various written documents in litigation to arrive at the issues toe be resolved by the court
common law pleading
legally qualified
competent
an initial document filed in court to inform the defendant of the nature and extent of the plaintiff’s claim against the defendant
complaint
an opinion by a judge or justice agreeing with the judgment of an appellate court without agreeing with the court’s reasoning process
concurring in the judgment
opinion by a judge or justice agreeing with the decision of the court. May or may not agree with the rationale adopted by the court in reaching its decision
concurring opinion