Glossary of Litigation Flashcards
Terms and Definitions
1
Q
What is an adjournment?
A
A temporary postponement to a case
2
Q
Define admissible evidence.
A
Evidence that may be considered by a jury or judge in civil and criminal cases
3
Q
What is an affidavit?
A
A written, or printed statement made under oath
4
Q
What is an affirmative defense?
A
A fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct
5
Q
What does an agreed order refer to?
A
A written agreement submitted by the parties to a case resolving the issues between the parties
6
Q
What is alternative dispute resolution (ADR)?
A
A procedure for settling a dispute outside the courtroom, often involving a neutral party
7
Q
What is an answer in a civil case?
A
The formal written statement by a defendant that responds to a complaint
8
Q
What is an appeal?
A
A request made after a trial by a party that has lost on one or more issues for a higher court to review the decision
9
Q
What is arbitration?
A
A method of amicable dispute resolution
10
Q
What is an assignment in legal terms?
A
The transfer of legal rights from one person to another
11
Q
What is an automatic stay?
A
An injunction that automatically stops lawsuits and collection activities against the debtor when a bankruptcy petition is filed
12
Q
Define bankruptcy.
A
A legal procedure for dealing with debt problems of individuals and businesses
13
Q
What is a bankruptcy court?
A
The bankruptcy judges in regular active service in each district
14
Q
Who is a bankruptcy judge?
A
A judicial officer with decision-making power over federal bankruptcy cases
15
Q
What is a bench trial?
A
A trial without a jury, where the judge serves as the fact-finder
16
Q
What is a brief in legal context?
A
A written statement submitted in a trial or appellate proceeding explaining one side’s legal and factual arguments
17
Q
What does burden of proof refer to?
A
The duty to prove disputed facts
18
Q
What is business bankruptcy?
A
A bankruptcy case in which the debtor is a business or an individual involved in business
19
Q
What is a case file?
A
A complete collection of every document filed in court in a case
20
Q
Define case law.
A
The law as established in previous court decisions
21
Q
What is a caseload?
A
The number of cases handled by a judge or a court
22
Q
What is a cause of action?
A
A legal claim; the reason for which a plaintiff files a complaint
23
Q
What are chambers in legal terms?
A
The offices of a judge and his or her staff
24
Q
Who is the chief judge?
A
The judge who has primary responsibility for the administration of a court
25
What is civil law?
A generic term for all non-criminal law, usually as it applies to settling disputes between private citizens
26
What is a Civil Remedy Notice (CRN)?
Filed with the Department of Financial Services to notify an insurer of damage caused by specific acts
27
What is a claim in legal terms?
A creditor's assertion of a right to payment from a debtor
28
What is a class action lawsuit?
A lawsuit where one or more members of a large group sue on behalf of the entire class
29
Who is the clerk of court?
The court officer who oversees administrative functions and manages the flow of cases
30
What are compensatory damages?
Damages recovered for injury or economic loss
31
What is a complaint in a civil lawsuit?
A written statement that begins a civil lawsuit detailing the claims against the defendant
32
What is a contract?
An agreement between two or more people that creates an obligation
33
What is a conviction?
A judgment of guilt against a criminal defendant
34
What are costs in a lawsuit?
The sum awarded to the successful party, including legal fees
35
What does counsel refer to?
Legal advice or the lawyers in a case
36
What is a court?
A government entity authorized to resolve legal disputes
37
What is a court order?
A signed document issued by a court requiring a person to do or not do something
38
What is a court reporter?
A person who makes a word-for-word record of what is said in court
39
What are courtesy copies?
Paper copies of electronically filed documents submitted to the assigned judge
40
What are damages in a civil case?
Money that a defendant pays a plaintiff if the plaintiff has won
41
What is a declaratory judgment?
A judge's statement about someone's rights
42
What is default in legal terms?
The failure to do something required under a contract
43
What is a motion for default?
A request for the clerk to enter a default against a party who has failed to respond
44
What is an order on default?
A court order stating one party has won because the other did not participate
45
What is a default judgment?
A judgment awarding a plaintiff relief because the defendant failed to respond
46
Who is a defendant?
An individual or business against whom a lawsuit is filed
47
What does depose mean?
To testify or give under oath
48
What is a deposition?
An oral statement made before an authorized officer under oath
49
What is discovery?
Procedures used to obtain disclosure of evidence before trial
50
What are the basic types of discovery?
* Interrogatories
* Request for Admissions
* Request for Production
* Depositions
51
What is a subpoena duces tecum?
A request sent to non-parties for documents and records
52
What are supplemental interrogatories?
Additional interrogatories uniquely fashioned to the particular facts of the case
53
What does dismissal mean in legal context?
The termination of a case
54
What is dismissal with prejudice?
Court action that prevents an identical lawsuit from being filed later
55
What is dismissal without prejudice?
Court action that allows the later filing of a lawsuit
56
What is a docket?
A log containing the complete history of each case
57
What is due process?
The constitutional guarantee of a fair and impartial trial
58
What is entry of default?
The process where a party requests the court to state that another party has failed to respond
59
What is evidence?
Information presented to persuade the fact finder in a case
60
What is an examination under oath (EUO)?
A formal proceeding where an insured is questioned under oath by an insurance company representative
61
What does ex-parte mean?
A proceeding brought before a court by one party only
62
What does e-file mean?
To place a paper in the official custody of the clerk of court
63
What is a final judgment?
The court's final decision after a plaintiff's request for judgment post-default
64
What must a plaintiff typically do after a default is entered?
Ask for a final judgment against the defendant
## Footnote
Failing to respond can result in the plaintiff receiving everything requested in the initial petition.
65
Define Good Faith.
Behavior and actions that are honest and not used to deceive or commit a crime.
66
What is a Grand Jury?
A body of 16-23 citizens who listen to evidence of criminal allegations and determine probable cause.
67
What is Hearsay in legal terms?
Evidence presented by a witness who did not see or hear the incident but heard about it from someone else.
68
Define Indemnity.
To provide an undertaking to secure against loss or damages.
69
What does In-Camera mean?
In a judge's chambers, outside the presence of a jury and the public.
70
Who is a Judge?
An official of the Judicial branch with authority to decide lawsuits.
71
What are Judicial Assistants (JAs)?
State employees performing administrative tasks for judges.
72
What is a Judge Calendar?
A list of matters to be heard or set for trial by a court.
73
Define Judgment.
The official decision of a court resolving the dispute between parties.
74
What does Jurisdiction refer to?
The legal authority of a court to hear and decide a certain type of case.
75
What is a Jury?
A group of persons selected to hear evidence in a trial and render a verdict.
76
What are Jury Instructions?
A judge's directions to the jury before deliberations.
77
Define Lawsuit.
A legal action started by a plaintiff against a defendant based on a complaint.
78
What is a Lien?
A charge on specific property to secure payment of a debt.
79
Define Litigation.
A case, controversy, or lawsuit involving litigants.
80
What is a Magistrate Judge?
A judicial officer who conducts initial proceedings in criminal cases.
81
What is Misrepresentation?
A false statement of fact made by one party to another in a contract.
82
Define Mistrial.
An invalid trial caused by fundamental error.
83
What does Moot mean?
Not subject to a court ruling because the controversy has not arisen.
84
What is a Motion?
A request by a litigant for a decision on an issue relating to the case.
85
What is a Motion for Extension of Time (MET)?
A motion filed to request more time to act before a deadline.
86
What is a Motion for Protective Order?
A party's request for protection from potentially abusive actions by another party.
87
What is a Motion to Compel (MTC)?
A request for the court to order another party to take action.
88
What does Motion to Dismiss (MTD) mean?
A formal request for a court to dismiss a case.
89
What is a Motion in Limine?
A pretrial motion to prohibit the other side from presenting certain evidence.
90
What does Notice of Appearance signify?
A document notifying the court that a party wishes to appear in proceedings.
91
Define Notice of Compliance.
A notice filed with the court indicating compliance with an action.
92
What is a Notice of Hearing?
A legal document notifying parties of a scheduled hearing.
93
What does Notice of Lack of Prosecution (LOP) indicate?
Dismissal for lack of prosecution due to inactivity in a case.
94
What is a Notice of Unavailability?
A document requesting the judge not to schedule anything during specified periods.
95
What is an Order of Referral to Mediation?
A court order requiring parties to attend mediation.
96
What is Oral Argument?
An opportunity for lawyers to summarize their position before the court.
97
Define Panel in legal context.
A group of judges assigned to decide a case in appellate matters.
98
Who is a Plaintiff?
A person or business that files a formal complaint with the court.
99
What are Pleadings?
Written statements filed with the court describing legal or factual assertions.
100
What is a Power of Attorney?
A legal document authorizing someone to act on your behalf.
101
Define Pretrial Conference.
A meeting to plan the trial and discuss matters to be presented.
102
What does Pro se mean?
Representing oneself in legal proceedings.
103
What is Procedure?
The rules for conducting a lawsuit.
104
What is a Process Server?
A person who serves writs, warrants, or subpoenas.
105
Define Proof of Claim.
A written statement describing the reason a debtor owes a creditor money.
106
What are Punitive Damages?
Damages awarded as punishment over compensatory damages.
107
What does Reasonable mean in legal terms?
A level that an ordinary person would be expected to have.
108
What is a Release of All Claims?
A settlement document agreeing to resolve differences and dismiss claims.
109
What is a Sanction?
A penalty to enforce compliance with law or rules.
110
What is Service of Process?
The delivery of writs or summonses to the appropriate party.
111
Define Settlement.
Resolution of a lawsuit without a trial.
112
What is a Statute?
A law passed by a legislature.
113
What is a Statute of limitations?
The time within which a lawsuit must be filed.
114
What does Sua sponte mean?
Latin for 'of its own will', referring to a court taking action without request.
115
What is a Subpoena?
A command issued to a witness to appear and give testimony.
116
What is a Summary Judgment?
A judgment ordered by the court without a full trial when facts are undisputed.
117
What is a Summons?
A legal document notifying a defendant of a lawsuit.
118
What is Testimony?
Evidence presented orally by witnesses during trials.
119
Define Transcript.
A written record of what was said in a formal proceeding.
120
What is a Trial?
A formal examination of evidence to decide guilt in legal proceedings.
121
What are the main phases of a Trial?
Choosing a Jury, Opening Statements, Witness Testimony, Closing Arguments, Jury Instruction, Jury Deliberation and Verdict.
122
What is a Trial Order?
The final setting of the trial date and deadlines for pleadings.
123
What are Vacated Judgments?
Judgments that can be set aside if a good reason for not responding is presented.
124
What does Venue refer to?
The geographic area in which a court has jurisdiction.
125
What is a Verdict?
The decision of a trial jury or judge determining the case outcome.
126
Define Voir dire.
The jury selection process of questioning prospective jurors.
127
What is a Witness?
A person called upon to give testimony in court.
128
What is a Writ?
A written court order directing a person to take or refrain from taking action.
129
Fill in the blank: The Florida Courts E-Filing Portal provides a method to electronically file _______.
pleadings, motions, and documents with the Clerk of Court.
130
True or False: Service through the Portal is the exclusive method of service.
False
