Part2 Flashcards
Defendant
One against whom the action is brought
Costs
The expenses of a trial or proceeding, which may be charged to one or both of the parties, usually does not include the attorney fees
Annotations
The case summaries, which follow and construe the statutes printed in the commercially produced statue books. they are not official.
Direct evidence
That offered by eye witnesses as contrasted to circumstantial evidence from which conclusions are drawn.
Hung Jury
One which cannot agree on a verdict.
Hostile witness
Witness who manifests so much hostility or prejudice under examination in chief that the party who has called witness is allowed to cross-examine them as though they had been called by the opposite party.
Dismissal with prejudice
Dismissal without trial, which bars the assertion of the same cause of action or claim against the same party.
Dismissial without prejudice
Dismissal without trial which permits party to bring another civil action for the same cause unless civil action is otherwise barred.
Injunction
A court order prohibiting some action.
Lis pendens
A pending lawsuit.
Punitive damages
Monetary compensation awarded to plaintiff in a lawsuit in excess of what compensates for property loss awarded to redress for mental anguish suffered from defendant’s misconduct or to punish defendant for wrong and evil actions.
Summary Judgement
Decision given by court without delay or formality of full proceedings.
Weight of evidence
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.
Work product
That work done by an attorney in the process of representing the client, which is ordinarily not subject to discovery.
Usury
Charging more than the legal rate of interest.
