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| All the property left by someone who has died |
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| a violation of civil law does not direct harm the community; the person harmed sues the violator (unlike criminal, which the government/community initiates) |
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| the tribunal or forum where the trial occurs, as well as the judge him/herself; the judge is the trier of law at the trial |
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| the amount of money paid to atone for injury or economic loss |
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| a legal concept generally accepted by most courts which, although often not law, offers guidance to the court. Legislatures will sometimes codify, or make into law, a popular doctrine |
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| joint and several liability |
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| when multiple defendants may be found liable as a group (joint) or separately (several) |
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| money paid to an attorney to secure his/her services; also refers to contract between attorney and client. when an attorney has been "retained," he/she works in a representative capacity on behalf of the client |
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| When an attorney acts on behalf of a client in court. This action may be either a personal appearance in front of the judge or the filing of a document (such as a complaint or motion) with the court on behalf of the client |
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| once an attorney has entered an appearance, he/she is the attorney-of-record in the case; is put on record in the court |
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| the physical location of the trial |
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| when a federal court hears a case based upon the fact that the parties are from different states, and that the amount of money claimed as damages exceeds a minimum set by federal statute, which is currently $75,000 |
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| the party who initiates the action by filing a complaint, claiming injury or harm |
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| the time limit for filing suit. Suits filed after the time limit has run out will be dismissed. The clock generally starts to tick at the time the damages occurred. |
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| document that informs the defendant that he is being sued and that he has a specific amount of time to respond |
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| the pleading that initiates litigation. filed by the plaintiff, the complaint contains the general allegations against the defendant. it is served with the summons |
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| individuals or groups involved in a legal action |
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| a legally valid reason to sue; one of the required elements of a complaint |
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| "this is what I believe happened..."; a common legal phrase that qualifies a statement as being a fact only to the best knowledge of the person making the statement |
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| the party against whom a complaint is filed |
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| element of a complaint that asks for damages or whatever the party wants to the court; also called "wherefore clause" or "prayer for relief" |
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| multiple defendants in a legal action |
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| a document filed with the court asking the court to take some specific legal action. a motion asks the court to rule on a procedural matter. A pleading states a party's position in a legal action |
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| a fact claimed by a party |
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| a jury is a group of citizens selected from the community to determine the outcome of a case. in most cases, either party has the right to demand a jury trial, but if both parties agree, the judge may act in place of the jury. most common in very technical cases |
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| a document is filed when it is presented to the clerk of the court. all documents and any copies are date stamped by the clerk of the court at the time of filing |
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| the presentation of legal papers |
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| the delivery of the summons and complaint (the process) upon the defendant in a court action; can be done in person, via mail, or a newspaper notice, or serving a company |
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| service of legal papers upon an individual, as opposed to a business or registered agent |
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| person who is permitted by law to serve (present) legal documents; must be at least 18 years old and not a party to the action |
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| written statement of facts sworn to oath |
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| one who signs the affidavit |
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| a person authorized to administer the oath and to verify that an individual signs a legal document |
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| authority of a court to hear and decide a case (not necessarily physical location/borders, just the authority) |
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| jurisdiction over a person (either a plaintiff's or defendant's state court if both reside in different places) |
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| jurisdiction over controversy in question, often property (disregards person; authority over the location of the controversy has priority in jurisdiction) |
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| quasi in rem jurisdiction |
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| jurisdiction over property, even though the property is not the controversy |
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| attachment to the title of a piece of property notifying any potential purchasers that the tile is subject to the outcome of litigation |
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| attachment to the title of a piece of property preventing its sale until a previous financial obligation has been satisfied |
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| laws the govern the procedures of the trial |
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| pleading filed by defendant in response to plaintiff's complaint |
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| admission that specific act did happen, but argue that fault doesn't lie with defendant; intend to reduce or eliminate plaintiff's damages |
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| claim by defendant against plaintiff (a counter complaint); defendant also alleging damages (in contrast to affirmative defense which eliminates use of damages) |
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| claim by one defendant against a co-defendant |
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| pleading where a defendant sues someone not yet a party to the action |
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| plaintiff's reply to defendant's counterclaim |
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| a judgment by court in favor of plaintiff, based on fact that defendant failed to respond fast enough |
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| request that the court take a specific procedural step (i.e motion to extend time to respond) |
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| process of asking a court of law to decide the outcome of a dispute; a lawsuit |
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| methods whereby one party obtains relevant information on a case from another party. Doesn't involve the court but between parties, meant to even the playing field |
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| written questions to the opposing party that must be answered under penalty of perjury |
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| written statements the opposing party must admit or deny under penalty of perjury. failure to respond within a specific amount of time means that the statements are assumed to be admitted |
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| request that documents or other physical items be provided for inspection |
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| request for mental or physical examination |
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| request that subject be put under mental or physical examination. requires court approval |
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| oral questions that must be answered under oath |
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| certificate of mailing/service |
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| When a document is filed with the court or when discovery is sent to a party. It attests that a true and correct copy of the document was sent to all parties involved, and signed by the one who sent it |
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| an official command by the court |
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| a proceeding in court, where judge and both parties are present |
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| the right to refuse or testify or to prevent someone else from testifying |
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| a hearing which only one party is present |
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| party against whom the third party complain was filed; original defendant of original complaint = "third party plaintiff" |
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| asking court to end a case without going into trial; used when other party violates some procedure or lacks substantial evidence to proceed into trial |
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| case dismissed cannot be brought up again because the court has already made its mind about the case |
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| dismissal without prejudice |
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| case dismissed can be filed to court again |
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| trial brief (trial memorandum; points and authorities) |
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| filed with court in support of a motion; argues a legal issue, relying on the law to support the party's position and convincing the reader |
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| motion for summary judgment |
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| pretrial motion asking court to determine outcome of the case based on the pleading and motions and other evidences rather then go to trial. argument states that there are no material facts in dispute, only law. Some issues can be decided as partial summary judgment |
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| judicial officer who may preside over hearings, a magistrate does not have all the powers of a judge; mainly deals with procedural matters |
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| meeting between the court and the parties for clarification of procedural matters and to promote settlement |
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| an agreement between counsel for the parties regarding a fact, issue, or point that will not be disputed at trial |
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| an agreement to end the litigation for an agreed-upon consideration, usually money |
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| a legal question to be answered in court |
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| used to establish or disprove a fact |
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| evidence (from personal observation) that tends to establish a fact without a need for an inference (no interference between Scene A and Scene B) |
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| evidence of one fact that requires an inference to establish another fact |
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| evidence that will be allowed to be considered by the jury to believe it or not |
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| court's official calendar for trials and hearings to take place |
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| to question prospective jurors via challenge for cause (dismissal of juror for good cause shown; unlimited usage) and peremptory challenge (no reason given to dismiss juror; 3-6 use) |
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| sits in courtroom and listens but doesn't deliberate or vote on a verdict unless one juror is dismissed |
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| opening presentation by attorneys stating facts they intend to prove during the trial |
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| degree to which something must be proved at trial |
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| preponderance of the evidence |
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in civil case: burden of proof must be more likely than not that a fact is as a party alleges it to be
in criminal: beyond a reasonable amount |
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| rule that states that a witness in the case may not be in the courtroom during the testimony of other witnesses |
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| document issued by attorneys under authority of the court to compel appearance of a witness |
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| document issued under authority of court to compel appearance of witness as well as specific documents |
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| formal challenge by opposing counsel to evidence or questions asked of a witness |
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| discussion between judge and attorneys, usually conducted at judge bench so the jury cannot hear what is said |
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| tendency to cause bias even where no bias has existed previously |
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| value of pursuing an investigative or probing line of questioning |
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| attorney making statements, or repeating a previously overruled motion, to protect any right to appeal at a later point |
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legal capacity to testify. elements include
- understanding obligation to tell the truth
- knowledge of the topic of testimony
- ability to communicate |
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| questions directed at a witness who is under oath in court or at deposition |
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| questioning the witness first; conducted by party calling up the witness |
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| questioning the witness first; conducted by party calling up the witness |
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| after direct examination, other party may cross examine the witness, but is limited to the topics brought up during direct questioning |
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| party conducting direct examination goes up again to clarify matters brought up during cross examination |
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| party conducting cross examination goes up again to bring up matters discussed in redirect examination |
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| the event or point at which a series of incidents begins ultimately resulting in an event with damages |
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| establishment of duty, followed by a breach of that duty, resulting in damages; accidental |
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| judge instructs jury to leave courtroom temporarily |
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| tending to prove or disprove a fact in issue |
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| to strike from the record |
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| to have certain testimony removed from the record of the trial |
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| a physical item presented to support an argument |
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| attorneys must "move" for a piece of evidence to be admitted into evidence with a number or letter as a label |
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| when party finishes presenting evidences, it rests |
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| to present a motion in court |
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| motion for directed verdict |
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| court asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case |
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| to halt temporarily, but not end, trial |
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| a case that is sufficient on its face; if al facts alleged by plaintiff are eventually proved true, then plaintiff deserves to be awarded damages; must exist at all stages of proceedings |
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| court delays a ruling on a motion so that the motion may be considered |
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| to establish a witness's expertise in a specific area |
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| to question a potential witness to determine his or her competency or appropriateness of his/her testimony |
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| attorney addressing to jury at the end of the trial, attempting to persuade prior to deliberations |
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| guidelines to jury about how the law is to be applied and the facts that may be considered during its deliberations |
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| jury's discussion of the case in private to reach a verdict |
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| final conclusion of the jury |
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| member of the jury selected to be the spokesperson for the jury panel |
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| motion for judgment NOV (notwithstanding the verdict) |
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| motion asking the court to disregard the jury's verdict and replace it with the court's own verdict |
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| final conclusion of the court |
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| when the judge adds to the amount a jury has awarded |
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| process whereby a judge subtracts from the amount of damages a jury has awarded. in effect the judge gives the party awarded damages the choice of accepting a lesser amount, or anew trial will be granted to the other side |
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| a request that the judge order a new trial due to procedural errors; filed to later appeal |
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| to ask the court at the next higher level to determine whether the trial court erred |
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| appeal as a matter of right |
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| a party who loses in the trial court has the right to have his other heard by the next highest appellate level court in civil court |
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| to give up a right; be voluntary or a result of an action/inaction by the party |
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| to delay implementation of court's order |
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| written notification in motion form that a party intends to appeal; court rules require that motion be filed with the trial court, the appellate court and sent to any parties involved in action |
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| sum of money held by the court to ensure that the funds from the award be available after the appellate process |
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| doctrine stating that a case that has been decided on its merits may not be re-litigated |
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| the party initiating an appeal |
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| party that responds to appeal |
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| official collection of all pleadings, exhibits, motions, orders, and transcript of the trial |
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| a written argument by a party covering the issues, called 'points of error,' on appeal |
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| the questions that are the basis for the appeal; points to potential errors of the trial court |
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| written answer to appellate brief |
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| oral presentation to an appellate court; must request to do so |
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| panel of justices (or judges) |
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| portion of an appellate court that hears a case; made up of three judges |
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| when the entire appellate level court sits to hear and decide a case, indicating the case has a high level of importance |
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| written decision of the court |
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| the strongest form of opinion; when more then half of the court agrees on a decision |
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| opinion of one or more judges that agrees with the results of the majority, but arrives to the result for different reasons |
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| opinion that disagrees with the majority |
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| to make a formal request to the court |
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| a second chance to present arguments to the court on the same issues |
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| petition for writ of certiorari |
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Definition
| vehicle by which the case is taken from court of appeals to the supreme court. writ of certiorari issued by higher court |
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