Legal Terms Flashcards
Affidavit
A written or printed statement made under oath
Appeal
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.
Arbitration
The use of an arbitrator to settle a dispute
Bankruptcy
A legal procedure for dealing with debt problems of individuals and businesses
Burden of Proof
The duty to prove disputed facts
Case Law
The law as established in previous court decisions
Cause of Action
A legal claim
Complaint
A written statement that begins a civil lawsuit, in which the plaintiff details the claims against the defendant
Court Reporter
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
Damages
Money that a defendant pays a plaintiff in a civil case, if the plaintiff has won.
De facto
Latin, meaning “in fact” or “actually”. Something that exists in fact, but not as a matter of law.
Declaratory judgment
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.
Default judgment
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. 
Defendant
An individual against whom a lawsuit is filed
De minimis
Latin. Means “ the law does not take account of trifles.”
Deposition
An oral statement made before an officer authorized by law to administer oaths.
Discovery
Procedures used to obtain disclosure of evidence before trial
Docket
A log containing the complete history of each case in the form of brief chronological entries summarizing the court proceedings
Evidence
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
Examination Under Oath (EUO)
A formal proceeding, during which an insured under oath, and in the presence of a court reporter is questioned by an insurance company representative
Ex parte
A proceeding brought before a court by one party only without notice to or challenge by the other side
Face sheet filing
A bankruptcy case filed either without schedules, or with incomplete schedules, listing few creditors and debts
Hearsay
Evidence presented by a witness who did not see or hear the incident in question, but heard about it from someone else
In camera
Latin, meaning “in a judges chambers”, outside the presence of a jury and the public.
Injunction
A court order, preventing one or more named parties from taking some action
Interrogatories
A form of discovery, consisting of written questions to be answered in writing, and under oath.
Judgment
The official decision of a court finally resolving the dispute between the parties to the lawsuit
Jurisdiction
The legal authority of a court to hear and decide a certain type of case.
Jurisprudence
The study of law and the structure of the legal system
Jury
The group of persons selected to hear the evidence in a trial, and render a verdict on matters of fact
Jury Instructions
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.
Lien
A charge on specific property that is designed to secure payment of a debt or performance of an obligation
Litigation
A case, controversy or lawsuit
Magistrate judge
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.
Mediation
Intervention in a dispute in order to resolve it
Mistrial
An invalid trial, caused by fundamental error.
Moot
Not subject to a court ruling because the controversy has not actually arisen or has ended.
Motion
A request by a litigant to a judge for a decision on an issue relating to the case
Motion in Limine
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
Parol evidence rule
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.
Peremptory challenge
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.
Plaintiff
A person that files a formal complaint with the court
Precedent
A court decision in an earlier case with facts and legal issues similar to a dispute currently before a court
Pretrial conference
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.
Prima facie
Based on the first impression; accepted as correct until proved otherwise.
Pro se
Representing oneself. Serving as one’s own lawyer.
Procedure
The rules for conducting a lawsuit
Prosecute
To charge someone with a crime
Quitclaim deed
A legal instrument which is used to transfer interest in real property.
Record
A written account of the proceedings in a case, including all pleadings, evidence and exhibits submitted in the course of the case.
Settlement
Parties to a lawsuit resolve their dispute without having a trial.
Statute
A law passed by a legislature
Subpoena
A command issued under a courts authority to a witness to appear, and give testimony
Subpoena duces tecum
A command to a witness to appear and produce documents
Testimony
Evidence presented orally by witnesses during trials, or before grand juries
Tort
A civil wrong. A negligent or intentional injury against a person or property.
Transcript
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
Voir dire
Jury selection process of questioning prospective jurors to ascertain their qualifications and determine any basis for challenge
Witness
A person called upon by either side in a lawsuit to give testimony before the court or jury.
