Terms Flashcards
Affirm
To ratify, establish, or reassert.
To make a solemn and formal declaration, as a substitute for an oath, that the statements contained in an Affidavit are true or that a witness will tell the truth.
Answer
The first responsive pleading filed by the defendant in a civil action; a formal written statement that admits or denies the allegations in the complaint and sets forth any available affirmative defenses.
Appeal
Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superior court empowered to review a final decision on the ground that it was based upon an erroneous application of law.
Appellant
A person who, dissatisfied with the judgment rendered in a lawsuit decided in a lower court or the findings from a proceeding before an Administrative Agency, asks a superior court to review the decision.
Appellee
A party who has won a judgment in a lawsuit or favorable findings in an administrative proceeding, which judgment or findings the losing party, the appellant, seeks to have a higher court reverse or set aside.
Brief
A summary of the important points of a longer document. An abstract of a published judicial opinion prepared by a law student as part of an assignment in the Case Method study of law.
Citation
A paper commonly used in various courts—such as a probate, matrimonial, or traffic court—that is served upon an individual to notify him or her that he or she is required to appear at a specific time and place.
Complainant
A plaintiff; a person who commences a civil lawsuit against another, known as the defendant, in order to remedy an alleged wrong.
Defendant
The person defending or denying; the party against whom relief or recovery is sought in an action or suit, or the accused in a criminal case.
Dictum
[Latin, A remark.] A statement, comment, or opinion. An abbreviated version of obiter dictum, “a remark by the way,” which is a collateral opinion stated by a judge in the decision of a case concerning legal matters that do not directly involve the facts or affect the outcome of the case, such as a legal principle that is introduced by way of illustration, argument, analogy, or suggestion.
Distinguish
To set apart as being separate or different; to point out an essential disparity.
To distinguish one case from another case means to show the dissimilarities between the two. It means to prove a case that is cited as applicable to the case currently in dispute is really inapplicable because the two cases are different.
Holding
A comprehensive term applied to the property, whether real, personal, or both, owned by an individual or a business.
Motion
A written or oral application made to a court or judge to obtain a ruling or order directing that some act be done in favor of the applicant.
Plaintiff
The party who sues in a civil action; a complainant; the prosecution—that is, a state or the United States representing the people—in a criminal case.
Precedent
A court decision that is cited as an example or analogy to resolve similar questions of law in later cases.
