Terms Flashcards
Motion to Dismiss
gives the defendant the option of moving a trial court to dismiss their criminal case following a preliminary hearing at which the defendant was held to answer on one or more criminal charges.
Motion for summary judgement
can be filed by any party in a lawsuit (defendant or plaintiff) who wants the Court to enter a final judgment on all or some of the parties’ claims or defenses before trial.
Motion for judgement as a matter of law
asks the court to enter a judgment based on the conclusion that no reasonable jury could reach a different conclusion.
(The motion is made before the case is submitted to the jury but after a party has been fully heard on the issue.)
Appellate brief
a party’s written description of the facts in the case, the law that applies, and the party’s argument about the issues on appeal.
Discovery
Writ
Demurrer
An objection that an opponent’s point is irrelevant or invalid, while granting the factual basis of the point
Reversed & remanded
Term of years
Period tenancy
Tenancy at will
Tenancy at sufference
Possible v. Probable v. Plausable
Affirmative Defense
Over ruled by implication
Prejudgment replevin
Preliminary injunction
Declaratory judgment
Acquit (v)
To set free, release or discharge as from an obligation, burden, or accusation
Cause of Action
Legal claim [a claim that sometimes goes unstated] that allows a party to seek judicial relief. This gives the legal right to seek a remedy because of the act or omission, failure to perform duty, or breach of obligation of the defendant towards the plaintiff.
Compensatory Damages
Damages that are intended to compensate for actual injury or economic loss.
En Banc
(french for “on the bench” refers to a special procedure where all judges of a particular court hear a case. When the court believes that the matters are especially complex or important, the en banc procedure will be used.
Ex Parte (Application)
“Ex Parte” means “by one party”; an ex parte application is an urgent request to the court and differs from a motion because it does not require that a hearing date be set.
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Certiorari
(“Cert.”)
In the Supreme Court, if four justices agree to review the case, then the Court will hear the case. This is referred to as “granting certiorari”
injunctive relief
a remedy which restrains a party from doing certain acts or requires a party to act in a certain way.
