Legal Term 2 Flashcards
One against whom the action is brought
Defendant
The expenses of a trial or proceeding which may be charged to one or both
of the parties. Usually does not include the attorneys’s fees.
Costs
The case summaries which follow and construe the statutes printed in the commercially produced statue books. They are not official.
Annotations
That offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn (offered by eyewitness)
Direct evidence
One which cannot agree on a verdict
Hung jury
Witness who manifest so much hostility or prejudice under examination in chief that the party who has called the witness is allowed to cross examine him/her; i. e., to treat witness as though he/ she had been called by the opposite party. (Witness who doesn’t want to testify)
Hostile witness
Dismissal without trial which bars the assertion of the same cause of action or claim against the same part ( the plaintiff can not file the same cause of action against defendant)
Dismissal with prejudice
Dismissal without trial which permits party to bring Another civil action for the same cause unless civil action is otherwise barred.
Dismissal without prejudice
A court order prohibiting some action
Injunction
A pending lawsuit
Lis pendens
Monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss , awarded to redress for mental anguish suffered from defendant’s misconduct or to punish defendant for wrong and evil actions.
Punitive damages
Decision given by court without delay or formality of full proceedings
Summary judgment
A phrase which indicates the relative value of the totality of evidence presented on one side of a judicial dispute, in light of the evidence presented on the other side.
Weight of evidence
That work done by an attorney in the process of representing the client which is ordinarily not subject to discovery.
Work product
Charging more than the legal rate of interest.
Usury
