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Legal Terms > Legal Terms Chapter 3 - Civil Trial Procedure > Flashcards

Legal Terms Chapter 3 - Civil Trial Procedure Flashcards

1
Q

Civil action

A

A noncriminal lawsuit.

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2
Q

Litigants

A

Parties to a lawsuit.

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3
Q

Class action

A

A lawsuit brought, with the court’s permission, by one or more persons on behalf of a large group of people who have the same interest in the matter.

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4
Q

Ripeness doctrine

A

A principle under which the court will not hear a case unless there is an actual, present controversy for the court to decide.

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5
Q

Justiciable

A

Appropriate for court assessment.

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6
Q

Rules of civil procedure

A

Regulations that govern the proceedings in civil cases.

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7
Q

Legal issues

A

Questions of law to be decided by the court in a lawsuit.

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8
Q

Pro se

A

A plaintiff representing himself in litigation without an attorney’s help.

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9
Q

Consideration

A

An exchange of promises or benefits and detriments or obligations by the parties to an agreement.

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10
Q

Standing to sue

A

The condition that exists when a party has a tangible, legally protected interest at stake in a lawsuit.

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11
Q

Statute of limitations

A

A time limit, set by statute, within which suit must be commenced after the cause of action accrues.

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12
Q

Claim

A

Right to payment.

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13
Q

Cause of action

A

The grounds on which a suit is maintained.

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14
Q

Gravamen

A

The essential basis or gist of a complaint filed in a lawsuit.

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15
Q

Averments

A

Claims that the party making them expects to prove. Also called allegations.

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16
Q

Aver

A

To assert positively. Also called to allege.

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17
Q

Clause

A

A distinct part of a contract or a constitutional section.

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18
Q

Ad damnum

A

The clause in the complaint stating the damages claimed by the plaintiff.

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19
Q

Petition

A

A written application for a court order.

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20
Q

Docket

A

A record of cases that are filed with the court.

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21
Q

Docket number

A

A number assigned to each case by the clerk of court.

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22
Q

Trial docket

A

The calendar of cases that are ready for trial. Also called trial list.

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23
Q

Summons

A

A formal notice to the defendant that a lawsuit has begun and that the defendant must file an answer within the number of days set by state law or lose the case by default.

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24
Q

Process server

A

A person who carries out the service of process.

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25
Q

Personal delivery

A

The personal delivery of a copy of the summons and complaint to the defendant

26
Q

Constructive service

A

A type of service in which the summons and complaint are left at the defendant’s last and usual place of abode.

27
Q

Substituted service

A

A type of service in which the summons and complaint are delivered to the defendant’s agent, mailed, or published in the newspaper.

28
Q

Agent

A

A person authorized to act on behalf of another and subject to the other’s control. Also called a surrogate.

29
Q

Corporation

A

A legal entity created under state law with the power to conduct its affairs as though it were a natural person. Its legal existence is separate from the life of its owners.

30
Q

Doe defendants

A

The device used to refer to defendants whose names are unknown.

31
Q

Trespass

A

The intentional and unauthorized entry by a person onto the land of another.

32
Q

Default judgment

A

A court decision entered against a party who has failed to respond to or defend a lawsuit.

33
Q

Preponderance of evidence

A

Evidence having the greater weight.

34
Q

Restitution

A

Restoration made to an injured person to his or her original position prior to a loss.

35
Q

Attachment

A

The act of taking or seizing property by the use of a writ, summons, or other judicial order bringing it into the custody of the court so that it may be applied toward the defendant’s debt if the plaintiff wins the case.

36
Q

Affidavit

A

A written statement sworn to under oath before a notary public as being true to the affiant’s own knowledge, information, and belief.

37
Q

Notary public

A

A person authorized by law to administer oaths, attest to and certify documents, take acknowledgements, and other official acts.

38
Q

Affiant

A

A person who signs an affidavit. Also called the deponent.

39
Q

Ex Parte hearing

A

A hearing that is attended by one party only.

40
Q

Writ

A

A written order of the court, returnable to the same, commanding the performance or nonperformance of an act.

41
Q

Performance

A

The discharging of a contract by doing that which one agreed to do under the terms of the contract.

42
Q

Writ of attachment

A

A written order to the sheriff, commanding the sheriff to attach the real or personal property of the defendant.

43
Q

Personal Property

A

Anything that is the subject of ownership other than real property.

44
Q

Lis pendens

A

Pending suit.

45
Q

Lien

A

A claim or charge on property for the payment of a debt. Also called an encumbrance.

46
Q

Trustee process

A

A procedure for attaching the defendant’s property that is in the hands of a third person. Called a garnishment in some states.

47
Q

Trustee

A

A person who holds legal title to property in trust of another.

48
Q

Writ of garnishment

A

A written order of a court ordering a garnishee not to give out money or property held for another, but to appear and answer the plaintiff’s suit.

49
Q

Garnishee

A

A third party who holds money or property of a debtor that is subject to a garnishment action.

50
Q

Goods

A

Things that are movable.

51
Q

Malicious prosecution

A

Prosecution begun in malice without probable cause.

52
Q

Slander

A

Defamation that is communicated by the spoken word.

53
Q

Libel

A

Defamation that can be communicated by writing, drawing, photograph, television program, or other means that can be considered “published.”

54
Q

Assault

A

The intentional creation of a reasonable apprehension of an imminent battery.

55
Q

Battery

A

Intentional contact with another person without that person’s permission and without justification.

56
Q

Costs

A

Expenses associated with a legal matter, such as filing fees.

57
Q

Robbery

A

The wrongful carrying away of the personal property of another, from the other’s person or personal custody, against his or her will, by threat of force or violence.

58
Q

Murder

A

The unlawful killing of a human being by another with malice aforethought.

59
Q

Writ of execution

A

A written order to the sheriff, commanding the sheriff to enforce a judgment of the court.

60
Q

Conciliation

A

An informal process in which a neutral third person listens to both sides and makes suggestions for reaching a solution; also called mediation.

Legal Terms (13 decks)

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