Part 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 attorney’s fees.
Costs
The case summaries which follow and construe the statutes printed in the commercially produced statute books. They are not official.
Annotations
That offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn.
Direct evidence
One which cannot agree on a verdict.
Hung jury
Witness who manifests so much hostility or prejudice under examination in chief that the party who has called witness is allowed to cross-examine. him/her; i.e., to treat witness as though he/she had been called by the opposite party.
Hostile witness
Dismissal without trial which bars the assertion of the same cause of of action or claim against the same party.
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.
Injuction
A pending lawsuit.
Lis Pendens
Monetary compensation awarded to the plaintiff in a lawsuit in excess of what compensates for property loss, awarded to redress for mental anguish suffered from defendent’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
