Legal Term 1

Question 1

The defendant’s pleading which responds to the plaintiff’s petition or complaint.

Answer 1

Answer

Question 2

An instrument evidencing a transfer of personal property.

Answer 2

Bill of sale

Question 3

The heading on a pleading, containing name of court, county, parties, and the title of the document.

Answer 3

Caption

Question 4

Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments.

Answer 4

Common law

Question 5

The claim that a defendant may make against a plaintiff in the plaintiff’s action against him. ( both parties have claims against each other)

Answer 5

Counterclaim

Question 6

Usually in pleadings, a failure to take a required step within a specified time; can result in a default judgment against the one who failed to act.

Answer 6

Default

Question 7

Taking testimony outside the courthouse before a court reporter with the other side present for purpose of cross-examination. The testimony is given under oath and reduced to writing.

Answer 7

Disposition

Question 8

The power to take private property for public use through condemnation proceedings and compensation. (Like if they want to build a road or airport)

Answer 8

Eminent domain

Question 9

A question asking an expert witness to to assume proven facts and eliciting witness’ opinion based on those facts

Answer 9

Hypothetical question

Question 10

Responsible, chargeable with

Answer 10

Liable

Question 11

The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action.

Answer 11

Plaintiff

Question 12

An instrument used to frame the the issues in a lawsuit

Answer 12

Pleading

Question 13

Greater weight, said of evidence

Answer 13

Preponderance

Question 14

The pleading that responds to an answer.

Answer 14

Reply

Question 15

The agreement of counsel as to existence of certain facts or circumstances ( both sides agree)

Answer 15

Stipulation