Lecture 1 Flashcards
Plaintiff
A person (or entity) who brings a lawsuit against a defendant.
Defendant
The person (or entity) against whom a legal action is brought by the plaintiff.
Appellant
A person who, dissatisfied with the judgment rendered in a lawsuit decided in a lower court or the findings from a proceeding before an Administrative Agency, asks a superior court to review the decision.
An appellant, sometimes called the petitioner, must demonstrate sufficient grounds for appeal, which are usually specified by statute, in order to challenge the judgment or findings.
Whether a party was a plaintiff or defendant in the lower court has no bearing on his or her status as an appellant.
Complaint
The first pleading by the plaintiff in a civil action. It includes a statement of the wrong done by the defendant, a request for specific relief from the court, and an explanation why the court has the power to do what the plaintiff wants.
Answer
The first pleading by the defendant in a lawsuit, responding to the charges and demands of the plaintiff’s complaint.
Counterclaim
An independent cause of action or demand made by a defendant against a plaintiff. This occurs during a case when a defendant files a claim against the plaintiff.
Discovery
The process by which parties to a lawsuit are required before trial to disclose to the other side all evidence they expect to use as a part of their presentations in court or which they possess in relation to the other party’s claims or defenses.
Interrogatories
A set or series of formal written questions used in the judicial examination of a party or a witness before the actual trial. A series of written questions exchanged between parties to a lawsuit, which must be answered under oath.
Depositions
Pre-trial testimony in the form of oral questions and answers, by a party or witness, which is taken under oath and may be used during a trial or arbitration proceeding.
Stare decisis
following precedent in similar cases from higher court within the jurisdiction
