Legal Terms

Question 1

Affidavit

Answer 1

A written or printed statement made under oath

Question 2

Appeal

Answer 2

A request made after a trial by a party that has lost on one or more issues that a higher court review the decision to determine if it was correct.

Question 3

Arbitration

Answer 3

The use of an arbitrator to settle a dispute

Question 4

Bankruptcy

Answer 4

A legal procedure for dealing with debt problems of individuals and businesses

Question 5

Burden of Proof

Answer 5

The duty to prove disputed facts

Question 6

Case Law

Answer 6

The law as established in previous court decisions

Question 7

Cause of Action

Answer 7

A legal claim

Question 8

Complaint

Answer 8

A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant

Question 9

Court Reporter

Answer 9

A person who makes a word-for-word record of what is said in court, generally by using a stenographic machine, shorthand or audio recording, and then produces a transcript of the proceedings upon request

Question 10

Damages

Answer 10

Money that a defendant pays a plaintiff in a civil case, if the plaintiff has won.

Question 11

De facto

Answer 11

Latin, meaning “in fact” or “actually”. Something that exists in fact, but not as a matter of law.

Question 12

Declaratory judgment

Answer 12

A judge’s statement about someone’s rights. For example, a plaintiff may seek a declaratory judgment that a particular statute, as written, violates some constitutional right.

Question 13

Default judgment

Answer 13

Judgment awarding a plaintiff the relief sought in the complaint because the defendant has failed to appear in court or otherwise respond to the complaint. 

Question 14

Defendant

Answer 14

An individual against whom a lawsuit is filed

Question 15

De minimis

Answer 15

Latin. Means “ the law does not take account of trifles.”

Question 16

Deposition

Answer 16

An oral statement made before an officer authorized by law to administer oaths.

Question 17

Discovery

Answer 17

Procedures used to obtain disclosure of evidence before trial

Question 18

Docket

Answer 18

A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings

Question 19

Evidence

Answer 19

Information presented in testimony, or in documents that is used to persuade the fact finder to decide the case, in favor of one side or the other

Question 20

Examination Under Oath (EUO)

Answer 20

A formal proceeding, during which an insured under oath, and in the presence of a court reporter is questioned by an insurance company representative

Question 21

Ex parte

Answer 21

A proceeding brought before a court by one party only without notice to or challenge by the other side

Question 22

Face sheet filing

Answer 22

A bankruptcy case filed either without schedules, or with incomplete schedules, listing few creditors and debts

Question 23

Hearsay

Answer 23

Evidence presented by a witness who did not see or hear the incident in question, but heard about it from someone else

Question 24

In camera

Answer 24

Latin, meaning “in a judges chambers”, outside the presence of a jury and the public.

Question 25

Injunction

Answer 25

A court order, preventing one or more named parties from taking some action

Question 26

Interrogatories

Answer 26

A form of discovery, consisting of written questions to be answered in writing, and under oath.

Question 27

Judgment

Answer 27

The official decision of a court finally resolving the dispute between the parties to the lawsuit

Question 28

Jurisdiction

Answer 28

The legal authority of a court to hear and decide a certain type of case.

Question 29

Jurisprudence

Answer 29

The study of law and the structure of the legal system

Question 30

Jury

Answer 30

The group of persons selected to hear the evidence in a trial, and render a verdict on matters of fact

Question 31

Jury Instructions

Answer 31

A judge’s directions to the jury before it begins deliberations regarding the factual questions it must answer, and the legal rules that it must apply.

Question 32

Lien

Answer 32

A charge on specific property that is designed to secure payment of a debt or performance of an obligation

Question 33

Litigation

Answer 33

A case, controversy or lawsuit

Question 34

Magistrate judge

Answer 34

A judicial officer of a district court, who conducts initial proceedings in criminal cases, decides criminal misdemeanor cases, conducts many pre-trial civil and criminal matters on behalf of district judges, and decides civil cases with the consent of the parties.

Question 35

Mediation

Answer 35

Intervention in a dispute in order to resolve it

Question 36

Mistrial

Answer 36

An invalid trial, caused by fundamental error.

Question 37

Moot

Answer 37

Not subject to a court ruling because the controversy has not actually arisen or has ended.

Question 38

Motion

Answer 38

A request by a litigant to a judge for a decision on an issue relating to the case

Question 39

Motion in Limine

Answer 39

A pretrial motion requesting the court to prohibit the other side, from presenting, or even referring to evidence on matters, said to be so highly prejudicial, that no steps taken by the judge can prevent the jury from being unduly influenced

Question 40

Parol evidence rule

Answer 40

A substantive common law rule in contract cases that prevents a party to a written contract from presenting extrinsic evidence that discloses an ambiguity and clarifies it, or adds to the written terms of the contract that appears to be whole.

Question 41

Peremptory challenge

Answer 41

A district court may grant each side in a civil or criminal trial, the right to exclude a certain number of prospective jurors without cause or giving a reason.

Question 42

Plaintiff

Answer 42

A person that files a formal complaint with the court

Question 43

Precedent

Answer 43

A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court

Question 44

Pretrial conference

Answer 44

A meeting of the judge and lawyers to plan the trial, to discuss which matters should be presented to the jury, to review proposed evidence and witnesses, and to set a trial schedule.

Question 45

Prima facie

Answer 45

Based on the first impression; accepted as correct until proved otherwise.

Question 46

Pro se

Answer 46

Representing oneself. Serving as one’s own lawyer.

Question 47

Procedure

Answer 47

The rules for conducting a lawsuit

Question 48

Prosecute

Answer 48

To charge someone with a crime

Question 49

Quitclaim deed

Answer 49

A legal instrument which is used to transfer interest in real property.

Question 50

Record

Answer 50

A written account of the proceedings in a case, including all pleadings, evidence and exhibits submitted in the course of the case.

Question 51

Settlement

Answer 51

Parties to a lawsuit resolve their dispute without having a trial.

Question 52

Statute

Answer 52

A law passed by a legislature

Question 53

Subpoena

Answer 53

A command issued under a courts authority to a witness to appear, and give testimony

Question 54

Subpoena duces tecum

Answer 54

A command to a witness to appear and produce documents

Question 55

Testimony

Answer 55

Evidence presented orally by witnesses during trials, or before grand juries

Question 56

Tort

Answer 56

A civil wrong. A negligent or intentional injury against a person or property.

Question 57

Transcript

Answer 57

A written word-for-word record of what was said, either in a proceeding, such as a trial, or during some other formal conversation, such as a hearing or oral deposition

Question 58

Voir dire

Answer 58

Jury selection process of questioning prospective jurors to ascertain their qualifications and determine any basis for challenge

Question 59

Witness

Answer 59

A person called upon by either side in a lawsuit to give testimony before the court or jury.