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Legal Terms > UCF > Flashcards

UCF Flashcards

1
Q

Consideration

A

the material cause of the contract.

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2
Q

Affiant

A

A person who swears under penalty of perjury that a written statement is true. An affiant is the person who signs an affidavit.

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3
Q

Appellant

A

The party who initiates an appeal.

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4
Q

Grand Jury

A

A group of persons, traditionally not fewer than 12 nor more than 23, who must decide whether there’s a sufficient case to hold an accused for trial. If the grand jury feels that there is sufficient evidence, it will return a true bill, or bill of indictment.

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5
Q

true bill, or bill of indictment.

A

The true bill confirms that the grand jury is satisfied with the truth of the accusations the prosecutor presents.

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6
Q

Judgment Creditor

A

The party who won a judgment award.

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7
Q

Judgment Debtor

A

The party who lost and owes a judgment award.

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8
Q

judgment-proof

A

Often a judgment debtor will attempt to become judgment-proof, which means that he or she does not have any assets to satisfy a judgment.

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9
Q

Magistrate

A

A judicial officer who has limited jurisdiction in criminal and civil matters. A justice of the peace is an example of a magistrate.

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10
Q

Movant

A

The person or entity who requests relief from the court or administrative tribunal, usually through oral or written motions.

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11
Q

Recidivist

A

A person who repeatedly commits crimes; one who is a habitual criminal.

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12
Q

Respondent

A

The party against whom a petitioner brings a case.

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13
Q

Tortfeasor

A

A tortfeasor is the wrongdoer in a civil (in other words, noncriminal) matter who committed the tort (a wrongful act).

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14
Q

Answer

A

The pleading that the defendant files in response to the allegations of the plaintiff’s complaint. An answer may also contain the defendant’s affirmative defenses, cross-claims, and counterclaims.

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15
Q

Arraignment

A

A court proceeding in which the defendant hears the charges and enters a plea admitting or denying the offenses.

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16
Q

Bill of Particulars

A

A formal motion or request made to a party requesting greater factual detail about some aspect of the pleadings. Similar to a motion for more definite statement, a bill of particulars assists the defendant in preparing an answer to the complaint.

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17
Q

Body of the Complaint

A

The portion of the pleading that contains the claims, or causes of action, of the plaintiff.

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18
Q

Brief

A

A written argument presented to the court by a party in support of a motion. A trial brief consists of legal arguments submitted to the trial court. An appellate brief is filed with the appellate court and contains arguments regarding the trial court’s improper application of law.

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19
Q

Cause of Action

A

A legally acceptable reason for suing. A claim for relief is another term for cause of action.

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20
Q

Cross-Claim

A

A claim by one codefendant against another codefendant.

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21
Q

Counterclaim

A

A claim or cause of action against the plaintiff that the defendant states in his or her answer.

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22
Q

Deposition

A

A pretrial discovery device in which one party asks oral questions of the other party. Depositions usually take place under oath outside the courtroom.

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23
Q

Discovery

A

Pretrial devices that one party uses to obtain evidence and information about the case from the other party.

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24
Q

Digesting Documents

A

A synthesis of a document such as a deposition or court reporter’s transcript. Paralegals frequently digest depositions by summarizing the most important elements of the deponent’s testimony.

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25
Q

Filed

A

Presenting documents to the clerk of the court.

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26
Q

Indictment

A

A formal charge by a grand jury accusing the defendant of a crime.

27
Q

Initial Appearance

A

A court proceeding for a defendant charged with a felony. During the appearance, the judge advises the defendant of the charges, his or her rights, and bail and other conditions of release. The judge also sets the date of the preliminary hearing during the initial appearance.

28
Q

Jurisdiction

A

The court’s power to hear a case and decide the outcome.

29
Q

Motion

A

A request made to the court.

30
Q

Petition

A

To make a formal request (similar to a motion) to the court to take some action. In some states, such as Texas, a petition is a complaint.

31
Q

Preliminary Hearing

A

In criminal law, a means of determining whether probable cause for the arrest of a person existed. The preliminary hearing occurs shortly after arrest and before trial. The prosecution must produce enough evidence to satisfy the judge that the defendant committed the crimes as charged

32
Q

Pretrial Conference

A

A meeting between the judge and the attorneys to prepare the case for trial. During this conference, the presiding judge sometimes tries to encourage the parties to settle part or all of the dispute.

33
Q

Reply

A

A defensive pleading that the plaintiff may file in response to new allegations that the defendant raises. Also, an appellant may file a reply brief that responds to new matters in the appellee’s answer brief.

34
Q

Serve

A

To present legal papers notifying a party of a lawsuit.

35
Q

Service of Process

A

The delivery of a summons and complaint to a defendant constitutes service of process. It is a prerequisite to the court’s acquisition of personal jurisdiction or power over the defendant.

36
Q

Subpoena

A

A writ issued under authority of the court to compel the appearance of a witness at a judicial proceeding. Generally, a subpoena must be served personally. This means it can’t be served on a person not named in the subpoena.

37
Q

Subpoena Duces Tecum

A

Another writ issued under authority of the court. This one requires a person to appear at a judicial proceeding. It also commands that person to bring specified documents. The primary objective of the subpoena duces tecum is to order a person to produce documents at a deposition, hearing, or trial so that they can be reviewed and considered. In certain cases, an appearance by a witness may not be required and the material may simply be delivered to the issuer of the subpoena.

38
Q

Summons

A

A formal notice from the court ordering the defendant to appear in court or to answer a complaint instead of appearing.

39
Q

Venue

A

The place of trial. An impartial venue is critical to a fair trial.

40
Q

Warrant

A

An order from a judicial officer authorizing the arrest of an individual or the search of property.

41
Q

Adverse Judgment

A

A judgment or decision against the party that you and your attorney represent.

42
Q

Appearance

A

When a party appears in court as a party to a suit, whether as plaintiff or defendant.

43
Q

Bench Conference

A

A discussion between the judge and the attorneys held at the location where the judge sits.

44
Q

Challenge for Cause

A

A party’s request to a judge that a certain prospective juror be excluded because of specified reasons or causes, such as bias.

45
Q

Charge to Jury

A

Jury instructions on the standards that the jury should apply in reaching its verdict.

46
Q

Circumstantial Evidence

A

Evidence of one fact from which another fact can be inferred.

47
Q

Corroborate

A

To add weight or credibility to testimony.

48
Q

Demonstrative Evidence

A

Tangible evidence that can be seen or touched.

49
Q

Impanel

A

To select, swear in, and seat, such as impaneling a jury.

50
Q

Impeach a Witness

A

To discredit a witness by introducing evidence that the testimony of the witness isn’t credible.

51
Q

In Camera

A

A discussion or meeting that takes place in the judge’s chambers. In camera discussions are usually off the record.

52
Q

Nolo Contendere

A

A no contest plea. It has the effect of a guilty plea and allows the judge to sentence the defendant as though he or she pleaded guilty. An attorney will often advise the defendant to plead no contest to a criminal accusation so that the plea cannot be used as an admission of liability in a related civil suit.

53
Q

Peremptory Challenge

A

The final challenge that each litigant exercises to dismiss a potential juror. The litigant doesn’t need to provide any reasons to the court for the challenge. Each side usually gets only three peremptory challenges.

54
Q

Affidavit

A

A written statement of fact in which the affiant swears that it is true. Someone swearing to an affidavit does so under penalty of perjury.

55
Q

Arbitration

A

The submission of a controversy to the judgment of an impartial referee.

56
Q

Docket

A

The court’s calendar of pending cases.

57
Q

Felony

A

Crimes that are punishable by a sentence of one year or more and by a fine exceeding $1,000. Felons usually must serve their time in the state penitentiary as opposed to a county jail.

58
Q

Indictment

A

A formal charge by a grand jury accusing a defendant.

59
Q

Misdemeanor

A

Any crime or offense not amounting to a felony or petty offense. Misdemeanors are crimes generally punishable by a sentence of less than one year and a fine of less than $1,000. Misdemeanants serve their sentences in the county jail instead of the state penitentiary.

60
Q

Prima Facie Case

A

A case sufficient on its face that is supported by the required minimum evidence and is free of obvious defects. This must exist to prevail under any cause of action.

61
Q

Pro Se

A

A party who appears in an action without representation by an attorney

62
Q

Stare Decisis

A

The obligation of the court to stand by decided cases to the follow precedent. Stare decisis is one of the most important doctrines in law.

63
Q

Stipulated

A

A fact that both parties agrees upon. No one will contest or dispute stipulated facts during trial.

64
Q

Writ

A

A written order from a court. There are many forms of writs.

Legal Terms (1 decks)

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