Part I Flashcards
The defendant’s pleading which responds to the plaintiff’s petition or complaint.
Answer
An instrument evidencing a transfer of personal property.
Bill of Sale
The heading on a pleading, containing name of court, county, parties, and the title of the document.
Caption
Law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments.
Common Law
The claim that a defendant may make against a plaintiff in the plaintiff’s action against him.
Counterclaim
Usually in pleading, a failure to take a required step within a specified time; can result in a default judgement against the one who failed to act.
Default
Taking testimony outside the courtroom before a court reporter with the other side present for purpose of cross-examination. The testimony is given under oath and reduced to writing.
Deposition
The power to take private property for public use through condemnation proceedings and compensation.
Eminent domain
A question asking an expert witness to assume proven facts and eliciting witness’ opinion based on those facts.
Hypothetical Question
Responsible; chargeable with
Liable
The person or company or corporation or any legal entity named in caption of lawsuit as bringing the action.
Plaintiff
An instrument used to frame the issues in a lawsuit
Pleading
Greater weight; said of evidence
Preponderance
The pleading that responds to an answer
Reply
The agreement of counsel as to existence of certain facts or circumstances.
Stipulation
