Legal Terminology Flashcards
1
Q
estate
A
All the property left by someone who has died
2
Q
civil law
A
A violation of civil law does not directly harm the community: the person harmed sues the violator
3
Q
court
A
The tribunal or forum where the trial occurs
4
Q
liable
A
legally responsible
5
Q
damages
A
An amount of money paid to atone for inury or economic loss
6
Q
doctrine
A
A legal concept generally accepted by most courts which, although often not law, offers guidance to the court
7
Q
joint and several liability
A
When multiple defendants may be found liable as a group (jointly) or separately (several)
8
Q
retainer
A
Money paid to an attorney to secure her services
9
Q
appearance
A
When an attorney acts on behalf of a client in court
10
Q
attorney of record
A
Once an attorney has entered an appearnce, he or she is the attorney of record in this case
11
Q
venue
A
the place of trial, physical location
12
Q
diversity of citizenship
A
When a federal court hears a case based upon the fact that the parties are from different states, and the amount of money exceeds 75000
13
Q
plaintiff
A
The party who intiates action by filing a complaint, claiming an injury or harm
14
Q
statute of limitations
A
The time limit for filing suit.
15
Q
summons
A
Document that informs the defendant that he is being sued
16
Q
complaint
A
The pleading that initiates litigation, filed by the plaintiff
17
Q
parties
A
Individuals or groups involved in a legal action
18
Q
cause of action
A
A legally valid reason to sue; one of the required elements of a complaint
19
Q
information and belief
A
A common legal phrase that qualifies a statement as being a fact only to the best knowledge of the person making the statement
20
Q
defendant
A
The party against whom a complaint is filed
21
Q
ad damnum clause
A
Element of a complaint that asks for damages; also called “wherefore clause”
22
Q
co-defendants
A
Multiple defendants in a legal action
23
Q
pleading
A
A document filed with the court asking the court to take some specific legal action
24
Q
allegation
A
A fact claimed by a party
25
jury trial
A jury is a group of citizens selected from the community to determine the outcome of a case
26
filed
A document is filed when it is presented to the clerk of the court
27
service or served
The presentation of legal papers
28
service of process
Process is the summons and complaint. Service of process is the delivery of the summons and complaint upon the defendant
29
personal service
Service of legal papers upon an individual
30
process server
A person who is permitted by law to serve legal documents
31
affidavit
A written statement of fact sworn under oath
32
affiant
One who signs an affidavit
33
attest
to swear
34
notary public
A person authorized to adminster the oath and to verify than an individual signs a legal document
35
jurisdiction
authority of a court to hear and decide a case
36
in personam jurisdiction
jurisdiction over a person
37
in rem jurisdiction
jurisdiction over the controversy, often the property
38
quasi in rem jurisdiction
jurisdiction over property, even though the property is not the controversy
39
lis pendens
attachement to the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation
40
lien
attachment to the title of a piece of property preventing its sale until previous financial obligation has been satisfied
41
rules of court
laws that govern the procedure of trials
42
answer
the pleading filed by the defendant in response to the allegations of the complaint
43
affirmative defense
an admission that a specific act did occur, arguing that the fault lies not with the defendant
44
counterclaim
a claim by the defendant against the plaintiff, if the defendant alleges damages it becomes a counterclaim
45
cross claim
a claim by one defendant against a co-defendant
46
third-party complaint
pleading where a defendant sues someone not yet a party to the action
47
reply
this pleading is the plaintiff's response to a defendants counterclaim
48
default judgment
a judgment by the court in favor of the plaintiff, based on the fact the defendant failed to respond in a timely fashion
49
motion
a request that the court take a specific procedural step
50
litigation
the process of asking a court of law to decide the outcome of a dispute; lawsuit
51
contest
to challenge
52
discovery
the method whereby one party obtains relevant information on a case from the other party, between the parties
53
interrogatories
written questions to the opposing party that must be answered under penalty of perjury
54
request for admissions
written statements the opposing party must admit or deny under penalty of perjury
55
request for production
a request that documents or other physical items be provided for inspection
56
request for mental or physical examination
request that the other party be subjected to mental or physical examination
57
depositions
oral questions that must be answered under oath
58
certificate of mailing
when a document is filed with the court or when discovery is sent to a party, a certificate of mailing is attached
59
order
an official command by the court, usually demanding that one or both the parties perform an act
60
hearing
a proceeding in court, where the judge and both parties are present
61
privilege
the right to refuse to testify or to prevent someone else from testifying
62
ex parte hearing
a hearing at which only one party is present, such as a hearing on a motion for a restraining order
63
third-party defendant
the party against whom the third-party complaint was filed
64
motion to dismiss
asking the court to end a case without going to trial
65
trial brief
also called a trial memorandum or points of authority, this document filed with the court to argue a legal issue, relying on law to support the partys position
66
motion for summary judgement
a pretrial motion asking the court to determine the outcome of the case based upon the pleadings and motions rather than going to trial with a jury
67
magistrate
a judicial officer who may preside over hearings, a magistrate does not have all the powers of a judge
68
pretrial conference
a meeting between the court and the parties for clarification on procedural matters and to promote settlement
69
stipulation
an agreement between counsel for the parties regarding a fact, issue, or point that will not be disputed at trial
70
settlement agreement
an agreement to end the litigation for an agreed-upon consideration, usually money
71
at issue or in issue
a legal question to be answered by the court
72
evidence
that which tends to establish or disprove a fact
73
direct evidence
evidence that tends to establish a fact without the need for interference
74
circumstantial evidence
evidence of one fact that requires an inference to establish another fact
75
oral evidence
evidence given orally, testimonial evidence
76
physical evidence
evidence that can be touched, also tangible or demonstrative evidence
77
admissible
the evidence that will be allowed to be considered by the jury
78
docket
the courts official calendar for trials and hearing to take place in that courtroom
79
set for trial
to set a date for trial upon which the attorneys , parties and court agree
80
jury,
group of citizens, they are the tier of fact
81
jury panel
the group from which a jury will be selected
82
voir dire
to question prospective jurors
83
challenge for cause
a method for dismissing a juror for good case shown
84
peremptory challenge
a method of dismissing a juror for which no reason need be given
85
bailiff
court employee who keeps order
86
alternate juror
a person who sits to hear the entire case with the jury, but who will not deliberate or vote on a verdict
87
opening statement
presentations made by the attorneys at the beginning of a trial, stating the facts
88
burden of proof
the degree to which something must be proven at trial
89
preponderance of the evidence
the burden of proof in civil cases means that it is more likely than not that a fact is as a party alleges it to be
90
rule on witnesses
a rule that states a witness in a case may not be in the courtroom during the testimony of other witnesses
91
subpoena
the document issued under authority of the court to compel appearance of a witness
92
subpoena duces tecum
a document issued under authority of the court to compel appearance of a witness, ordering the witness to provide specific documents
93
objection
a formal challenge by opposing counsel to evidence or questions asked of a witness
94
bench conference
a discussion between the judge and attorneys
95
prejudicial
the tendency to cause bias even where no bias has existed previously
96
probative value
the value of pursuing an investigative or probing line of questioning
97
preserving the record
an attorney making statements, or repeating a previously overruled motion, to protect any right to appeal at a later point
98
sustain
to affirm an objection
99
competency
legal capacity to testify
100
examination
questions directed at a witness who is under oath in or court or deposition
101
direct examination
questioning the witness first
102
cross examination
after direct, the other party may cross-examine the witness, limited to topics brought up in direct
103
redirect examination
the party conducting direct examination conducts the redirect to clarify matters brought up during cross
104
recross examination
the party conducting cross examination conducts recross examination, but is limited to matters brought up during redirect
105
proximate cause
the event or point at which a series of incidents begins ultimately resulting in an event with damages
106
negligence
establishment of a duty, followed by a breach of that duty, resulting in damages
107
excuse the jury
the judge instructs the jury to leave the courtroom temporarily
108
grounds
reason or reasons
109
relevant
tending to prove or disprove a fact or issue
110
to strike from the record
to have certain testimony removed from the record of the trial
111
clerk of court
the person or persons responsible for the court files and exhibits
112
exhibit
a physical item presented to support an argument
113
introduction of evidence
attorneys must "move" for a piece of evidence to be admitted into evidence
114
resting a case
when a party is finished presenting evidence
115
move
to present a motion to the court
116
motion for directed verdict
the court is asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case
117
adjourn
to halt temporarily
118
prima facie case
a case that is sufficient on its face
119
take under advisement
the court delays ruling on a motion so that the motion may be considered
120
expert witnesses
a person who has been qualified by the court to have experience and knowledge in a specific area and who will be allowed to express opinions
121
qualify
to establish a witnesses expertise in a specific area
122
voir dire
to question a potential witness to determine his or her competency or the appropriateness of his or her testimony
123
closing argument
each attorney addressing the jury or the court at the end of the trial
124
jury instructions
guidelines to the jury about how the law is applied and the facts that may be considered during its deliberations
125
deliberations
a jurys discussion of the case, following the trial, with the goal of rendering a verdict
126
verdict
the final conclusion of the jury
127
foreperson
the member elected by the jury to lead deliberations and speak for the jury
128
motion for judgment NOV
notwithstanding verdict, a motion asking the court to disregard the jurys verdict and replace it with the courts own verdict
129
judgment
the final conclusion of the court, the judge enters the verdict into judgment
130
additur
when the judge adds to the amount a jury has awarded
131
remittitur
the process whereby a judge subtracts from the amount of damages a jury has awarded
132
motion for new trial
a request that the judge order a new trial because of procedural errors
133
appeal
to ask the court at the next higher level to determine whether the trial court erred
134
appeal as a matter of right
a party who loses in the trial court has the right to have his or her case heard by the next highest appellate level cour tin civil court
135
waive
to give up a right
136
stay
to delay the implementation of a courts order
137
notice of appeal
written notification in motion form that a party intends to appeal
138
bond on appeal
a sum of money held by the court to ensure that the funds from the award will be available during the appellate process
139
res judicata
doctrine stating that a case that has been decided on its merits may not be re-litigated
140
to bar
to prevent or stop
141
appellant
the party intiating an appeal
142
appellee
the party responding to an appeal
143
record
the official collection of all pleadings, exhibits, motions, orders and transcript of the trial
144
appellate brief
a written argument by a party covering the issues, called "points of error" on appeal
145
points of error
the questions that are the basis for the appeal
146
response brief
a written answer to the appellate brief
147
oral argument
an oral presentation to an appellate court
148
panel of justices
the portion of an appellate-level court that hears a case
149
en banc
when the entire appellate court sits to hear and decide a case
150
opinion
written decision of the court
151
majority opinion
the strongest form of opinion, more than 50 percent of the court agrees on a decision, law
152
concurring opinion
opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons
153
dissenting opinion
opinion that disagrees with the majority opinion
154
petition
to make a formal request to the court
155
rehearing
a second chance to present arguments to the court on the same issues
156
petition for writ of certiorari
the vehicle by which the case is taken from the court of appeals to the supreme court, if the higher court approves the petition it will hear the case
157
criminal law
a violation is viewed as harming the community
158
prosecution
the bringing of criminal charges against a defendant
159
state or government
prosecution
160
warrant
an order from a judicial officer or the court authorizing an arrest or a search or seizure of property
161
initial appearance
the first court appearance by a defendant to a criminal charge
162
misdemeanor
a crime punishable by a sentence of less than one year
163
felony
a crime punishable by a sentence of a year or more in prison
164
bail
money or property deposited with the court to procure the release of a defendant to ensure the appearance of the defendant at trial
165
personal recognizance
a defendant is released without being required to post bail, on the promise that he or she will appear in court
166
assigned counsel
an attorney who is ordered to represent a defendant
167
counsel
legal representative, attorney
168
nolle prosequi
the decision of the prosecutor not to prosecute, even though he or she believes that there is sufficient evidence to do so
169
plead
to declare a defendants position in a criminal trial
170
plea bargain
a defendant in a criminal case agrees to plead guilty, usually to a lesser charge
171
nolo contendere
no contest, defendant decides to not contest the charges, but does not admit guilt
172
preliminary hearing
a hearing requiring the state to produce sufficient evidence to establish that there is probable cause to believe a crime has been commited by the defendant
173
bound over
submitted to , sent
174
grand jury
an investigatory panel that determines whether probable cause exist to return an indictment
175
indictment
a formal charge by a grand jury alleging a criminal act
176
arraignment
formal hearing in court where the defendant is informed of charges being brought and generally pleads guilty, not guilty, or no contest
177
beyond a reasonable doubt
the degree of proof required in a criminal prosecution usually requiring unanimous agreement of the jury. The jury may have some doubt and still find the person guilty, but the doubt cannot be reasonable
178
acquit
to find a defendant not guilty
179
adverse judgment
a judgment against your client
180
double jeopardy
in a criminal case, the state cannot retry a defendant on the same charges once a not-guilty verdict is rendered by a judge or jury
181
chain of custody
chronological documentation of each person having possession of the evidence from the point of collection until admission at trial
182
full faith and credit
Article IV, Section 1 of the US Constitution establishes that individual states within the United States must respect the public acts, records and judicial proceedings of every other state
183
precedent
a prior case (usually a written court opinion) that a subsequent court may rely upon when deciding a matter with similar facts and/or issues
184
stare decisis
the principle that a court should follow previous court decisions unless there exists a compelling reason not to, "let the decision stand"
185
due process
legal principle that the government must safeguard the legal rights owed to a person according to the law
186
notice
to provide, or to gain, knowledge of legally relevant information
