Quiz 1 Prep Flashcards
Chapters 1-3
Plaintiff
the individual, company, or institution that initiates a lawsuit
Defendant
the individual, company, or institution against whom a lawsuit is brought
Caption (style)
the heading or title used in all legal pleadings
Petition
a request made to a government entity; often used synonymously with complaint, although petition is a more general term
Answer
the document filed by the defendant in a civil action that responds to each of the allegations raised in the plaintiff’s complaint, denies or admits to the factual allegations, and denies or admits to responsibility for the plaintiff’s injuries
Burden of Proof
the amount of proof that the plaintiff must present in order to substantiate his or her claims as made in the complaint
Preponderance of the Evidence
the level of proof required in a civil case: “more likely than not to be true”
Liability
a jury’s determination that one party is responsible for injuries to another party; the basis for an award of damages; a party’s legal responsibility for injuries to another
Damages
monetary payments assessed against a party who has been deemed liable to another party in a civil case
Statute
a law that is voted on by the legislative branch and enacted by the executive branch
Subject matter Jurisdiction
the power of a court to consider specific types types of cases
Personal Jurisdiction
the power of a court to enter rulings that are binding on the parties to the action
Motion
a request by a party to a judge
Bar Examination
a test administered to graduates from approved law schools that determines the applicant’s knowledge of the law and suitability to practice in the state
Contingency Fee
the attorney’s fee calculated as a percentage of the final award in a civil case
Partner
a person or corporation who is a co-owner of a business and shares in profits and losses
Associate Attorney
an attorney who is an employee of an attorney partnership
Public Reprimand
a published notice concerning an attorney’s ethical violation
Unauthorized Practice of Law
when a person who is not an attorney gives legal advice or counsel to a client
Clerk
a government official responsible for maintaining public records
Probate court
the court empowered to settle estates for those individuals who have died with or without a will
Cause of Action
a personal, financial, or other injury for which the law gives a person the right to receive compensation
Witness Locator Service
a company that provides information about a witness’s former addresses, telephone numbers, employment, and current location
Skip Tracing Agency
a company or individual who charge a fee for locating a witness or a potential civil litigant
