Term
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Definition
| a document which, when recorded, places a lien on all real property owned by the judgment debtor in the county in which it is recorded |
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Term
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Definition
| standard of court review used where the trial judge has discretion to make the particular decision; appellate court will defer to the trial court, overturning the lower court decision only when the trial court abused its discretion |
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Term
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Definition
| declaration by a higher court that the lower court's judgment is valid |
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Term
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Definition
| a defense which, if proven, denies recovery to the other party, i.e. the statute of limitations has run, and the action is therefore time-barred; the plaintiff assumed the risk of their own harm, and therefore the defendant is not liable; the plaintiff has no standing to sue, etc. |
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Term
| alternative dispute resolution |
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Definition
| resolution of cases by means other than trial to reduce court calendar congresion and backlog; two main methods being arbitration and mediation |
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Term
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Definition
| a supplemental portion to be added to the original pleadings i.e. to insert a name for a DOE, or correct the misspelling of a party's name; does not replace the original pleading |
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Term
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Definition
| a pleading which replaces a previously filed pleading; may be filed to add parties, causes of action, etc |
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Term
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Definition
| a friend of the court brief filed in an appellate case by a non-party on a legal point or aspect of the case that they believe the court should consider in deciding the case |
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Term
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Definition
| responsive pleading in which a defendant or cross-defendant may admit or deny allegations in a complaint or cross-complaint, and assert affirmative defenses; it resists the opposing party's demand for relief |
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Term
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Definition
| asking a higher court to review or reconsider the decision of a lower court |
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Term
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Definition
| party who initiates an appeal |
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Term
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Definition
| party who responds to a federal court appeal; party called respondent in state court |
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Term
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Definition
| a neutral who hears a case and renders an award in an arbitration proceeding, often a retired judge |
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Term
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Definition
| a process whereby an arbitrator hears a case and renders an award which determines the parties' rights and obligations |
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Term
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Definition
| asserting that the complaint is technically flawed; a demurrer asserts that the complaint does not state a cause of action; a motion to strike asks the court to strike offensive portions |
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Term
| attorney-client privilege |
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Definition
| protects from disclosure information conveyed by a client to an attorney rendering legal advice |
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Term
| attorney work product privilege |
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Definition
| protects from disclosure the attorney's mental processes, written work product, and all oral communications and reports for a client between members of the firm done in preparation for litigation |
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Term
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Definition
| method for enforcing judgment which seizes funds in the judgment debtor's bank account |
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Term
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Definition
| restriction or prevention of an action |
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Term
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Definition
| each party to an arbitration submits a figure to the arbitrator, and the arbitrator must select one of them |
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Term
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Definition
| trial by a judge without a jury |
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Term
| beyond a reasonable doubt |
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Definition
| the burden of proof in a criminal trial |
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Term
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Definition
| hours of legal services which may be billed to a client |
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Term
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Definition
| the part of the complaint which contains the jurisdictional, general, and specific allegations (causes of action) |
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Term
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Definition
| where the parties agree on the lowest possible award and the highest possible award before the arbitration |
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Term
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Definition
| the standard uses to prove the facts of one's claim, i.e. preponderance of the evidence or beyond a reasonable doubt; the obligation to persuade the court on a point, i.e. defendant has burden of proof on affirmative defenses; requesting party has burden of proof on need to exceed limit of 35 discovery requests |
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Term
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Definition
| of legal age and mental capacity |
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Term
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Definition
| first portion of a legal document which identifies the attorney filing the complaint, the court and county where the complaint is being filed, the title of the action (names of parties), and the title of the document |
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Term
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Definition
| the plaintiff's initial presentation of evidence and testimony necessary to establish a prima facie case and convince the jury that the plaintiff should prevail in the case |
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Term
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Definition
| legal theories entitling the plaintiff or cross-complainant to recover from any or all of the defendants or cross-defendants |
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Term
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Definition
| Code of Civil Procedure acronym |
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Term
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Definition
| assertion, for a stated reason, that a prospective juror is not able to serve impartially |
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Term
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Definition
| fictional wall which isolates one or more paralegals or attorneys who possess confidential information about a party or a case which could create a conflict of interest in another matter being handled by the firm |
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Term
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Definition
| lawsuit between individuals or entities |
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Term
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Definition
| burden of proof requiring a reasonable certainty or high probability |
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Term
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Definition
| court files and tangible evidence submitted during the trial |
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Term
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Definition
| part of a trial when attorneys try to convince the jury to find in their client's favor. They remind the jury what they promised to prove, tell them that they did so, and that the evidence they presented compels the jury to reach a verdict in their favor |
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Term
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Definition
| same as a fact pleading. A method of pleading used in California; plaintiff's complaint must be in the form of a statement of facts constituting the cause of action in ordinary and concise language that shows a right to a remedy |
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Term
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Definition
| law established through court opinions, also referred to as case law or judge made law |
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Term
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Definition
| ability of a witness to testify to relevant facts of their own knowledge |
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Term
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Definition
| the first pleading filed by the plaintiff initiating the lawsuit and served on the defendant, stating jurisdiction, standing, causes of action sued upon, and the remedy sought |
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Term
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Definition
| requires the court to allow a party to intervene if the proper procedural steps are followed |
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Term
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Definition
| parties that must be joined as plaintiffs or defendants; indispensable parties |
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Term
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Definition
| two legislatures, federal and state, both have power to legislate on the same subject (think same sex marriage or marijuana) |
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Term
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Definition
| two courts, state and federal OR two state courts in different counties, that both have power to hear a case |
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Term
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Definition
| information which is protected from disclosure by virtue of some relationship (i.e. attorney-client), procedure (i.e. settlement negotiations, mediation), or agreement of the parties |
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Term
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Definition
| competing loyalties or interests |
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Term
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Definition
| a fee paid to an attorney based on a percentage of the client's recovery |
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Term
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Definition
| a claim filed by a defendant against a plaintiff in small claims court |
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Term
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Definition
| California Rules of Court acronym |
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Term
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Definition
| assertion by defendant of causes of action against the plaintiff, another defendant, or against a new party |
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Term
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Definition
| person or entity who files a cross-complaint |
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Term
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Definition
| person or entity sued in a cross-complaint |
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Term
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Definition
| questioning by an adverse party in an attempt to discredit the witness |
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Term
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Definition
| monetary compensation for injury |
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Term
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Definition
| enforcement of judgment tool requiring judgment debtor to appear to appear and answer questions about their assets |
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Term
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Definition
| person who makes a declaration |
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Term
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Definition
| a written statement of facts signed under penalty of perjury. It may be made by anyone competent to testify who has personal knowledge of the facts stated in the declaration |
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Term
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Definition
| failure to respond to a complaint or appear at trial or other required hearing |
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Term
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Definition
| party being sued by the plaintiff |
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Term
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Definition
| a pleading (in the form of a motion) attacking the legal sufficiency of the opposing party's pleading; raises issues of law, not fact |
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Term
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Definition
| standard of review used by appellate court in which court reviews the question presented on its own or anew without giving any deference to how the trial court determined the issue |
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Term
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Definition
| the witness deposed at a deposition |
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Term
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Definition
| a method of formal discovery where the deposing attorney questions the deponent (who may be a party to the action or a third party), who answers the questions under oath |
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Term
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Definition
| accurate, objective abbreviations of the deposition transcripts |
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Term
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Definition
| booklet produced by a certified court reporter who stenographically recorded a deposition |
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Term
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Definition
| the first time a witness is questioned on the stand by the party who called them to testify |
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Term
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Definition
| a demurrer to the other party's case in chief made after both parties have rested their cases; orders the jury to find in favor of the moving party |
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Term
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Definition
| the phase of the lawsuit where the parties gather information to evaluate and prove up their case and evalute the opposition's case |
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Term
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Definition
| the date by which discovery must be completed (on or before the 30th day prior to the initial trial date or 15th day of depos of experts) |
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Term
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Definition
| a motion asking the court to dispose of one or more causes of action, or even the entire action, in favor of the moving party, without the need for a trial |
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Term
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Definition
| the authority of the federal court to hear cases where the matter of controvery is over $75,000 and all plaintiffs and all defendants are citizens of different states |
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Term
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Definition
| fictionally named defendant whose identity is not yet ascertained |
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Term
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Definition
| essential component or portion of a cause of action |
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Term
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Definition
| fairness; a remedy awarded when monetary compensation is inadequate (injunctions, reformation, specific porformance) |
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Term
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Definition
| court order prohibiting a party from introducing specified evidence at trial |
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Term
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Definition
| request made of the court without the presence of the other party in court or on shortened notice |
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Term
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Definition
| a consensual, binding jury trial before a smaller jury and judicial officer |
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Term
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Definition
| the power of a court to hear a particular kind of case to the exclusion of all other courts |
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Term
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Definition
| (same as code pleading) Method of pleading used in California; plaintiff's complaint must be in the form of a statement of facts constituting the cause of action in ordinary and concise language that shows a right to remedy |
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Term
| federal court subject matter jurisdiction |
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Definition
| authority of the federal court to hear matters regarding federal questions (violations of the US Constitution or federal statutes) and diversity cases (matter in controversy is over $75,000) |
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Term
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Definition
| a set fee for the performance of specified legal work |
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Term
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Definition
| the court where the litigation is brought |
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Term
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Definition
| when the convenience of the parties and the ends of justice would be better served if the action were brought and tried in another forum that also has jurisdiction over the matter |
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Term
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Definition
| Federal Rules of Civil Procedure acronym |
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Term
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Definition
| an appearance by a defendant or cross-complaint in a case (for example by responding to a complaint or filng a document with the court) which constitutes consent to the jurisdiction of the court (as opposed to "special appearance") |
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Term
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Definition
| type of demurrer which attacks the entire complaint in general, i.e. it fails to state a cause of action or the court does not have jurisdiction (as compare to a special demurrer) |
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Term
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Definition
| a blanket denial of the entire complaint or cross-complaint (as compared to a specific denial) |
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Term
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Definition
| general subject matter jurisdiction allows a court to hear all kinds of cases, including civil, criminal, juvenile, probate, etc.; general personal jurisdiction is jurisdiction over all of a defendant's act in the forum state |
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Term
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Definition
| person appointed by the court to represent another person in a lawsuit; often on behalf of a minor |
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Term
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Definition
| an agreement which specifies the minimum amount the plaintiff is guaranteed to receive, and the maximum amount the defendant will be liable for, regardless of the jury verdict in an expedited jury trial |
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Term
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Definition
| method for charging for legal services by the amount of time expended by the attorney or paralegal |
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Term
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Definition
| questioning a witness to show that their testimoney is unreliable |
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Term
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Definition
| method by which a defendant brings in a 3rd party, claiming that they are responsible for some or all of the damages |
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Term
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Definition
| jurisdiction over the person |
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Term
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Definition
| jurisdiction over property at issues in the case located within the state |
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Term
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Definition
| variously defined as the financial situation of a person or entity unable to pay debts as they come due, or where liabilities exceed assets |
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Term
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Definition
| written demands to allow the inspection and copying of documents, tangible things, electronically stored information, and land or other property in the possession, custody, or control of any other party to the action |
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Term
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Definition
| commencement of a lawsuit by a person, a "stakeholder," who holds money or property that they do not own, and in which at least two perople claim an interest |
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Term
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Definition
| a method of formal discovery using written questions to be answered by the opposing party in writing under oath |
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Term
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Definition
| when someone not party to an action voluntarily becomes a party to the lawsuit |
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Term
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Definition
| court order establishing specified facts or prohibiting a party from defending or supporting a particular claim or defense |
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Term
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Definition
| bringing together different parties into one lawsuit |
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Term
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Definition
| taking note of facts that are clear without the need of research, are within common knowledge, or are indisputable |
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Term
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Definition
| review by a higher court of a lower court's decision |
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Term
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Definition
| final determination of the rights and obligations of the parties to a lawsuit |
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Term
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Definition
| a party obligated to pay a money judgment |
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Term
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Definition
| when a judgment debtor has no available assets to execute upon to satisfy a judgment, i.e. they have no assets, or their assets are exempt |
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Term
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Definition
| authority of the court to hear the type of case and amount in controversy (subject matter jurisdiction) and render a legally binding decision over the parties involved (personal jurisdiction) |
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Term
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Definition
| statements of the law for the jury to use to come to its verdict or decision on the facts presented at trial |
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Term
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Definition
| law enforcement agent who stays on the business property and collects sufficient cash and checks to satisfy the judgment |
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Term
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Definition
| seizure of the debtors assets to satisfy a judgment |
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Term
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Definition
| a claim by the creditor against the property of the debtor as security for the debt |
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Term
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Definition
| court's authority to hear cases with less than $25,000 in controversy |
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Term
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Definition
| cases involving civil disputes with claims of damages up to and including $25,000 |
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Term
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Definition
| statutory authorization to assert personal jurisdiction over a non-resident defedant who has sufficient minimum contacts with the forum state that it is fair to hail them into court in that state |
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Term
| mandatory settlement conference |
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Definition
| a settlement conference close to trial that is required by the court rules in which the judge, attorneys, and parties attempt to clarify the issues involved in the case and settle it without a trial |
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Term
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Definition
| an allegation which is essential to a claim in the complaint or cross-complaint |
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Term
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Definition
| facts that, if changed or deleted, would affect the outcome of the case or decision |
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Term
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Definition
| a process whereby a neutral works with the parties to arrive at their own solution to settle the case without trial |
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Term
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Definition
| a trained neutral who conducts mediations |
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Term
| memorandum of points and authorities |
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Definition
| describes in depth what a motion is seeking, states the facts necessitating the reqested relief, and cites the authority (typically statutes or case law) which authorizes the court to grant the requested relief. 'Points' are arguments and 'authorities' are citations to the law |
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Term
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Definition
| the legal value of a case; an attorney should only take a case if it has "merit" |
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Term
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Definition
| court order requiring one party to pay money to the opposing party |
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Term
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Definition
| last day to hear motions concerning discovery, i.e. on or before the 15th day prior to the initial trial date and 10th for motions regarding expert discovery |
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Term
| motion for judgment on the pleadings |
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Definition
| motion requesting judgment on the found that the opposition lacks legal basis; made after the time to file a demurrer has expired |
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Term
| motion for judgment notwithstanding the verdict |
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Definition
| motion requesting that the court strike the jury verdict and replace it with a new court verdict and judgment without a new trial ("Motion for Judgment NOV") |
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Term
|
Definition
| motion requesting a new trial on various grounds, i.e. something occurred which prevented a fair trial; new evidence was discovered after the trial; inadequate or excessive damages were awarded; there was insufficient evidence to support the verdict or decision. If granted, the first judgment is nullified |
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Term
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Definition
| motion by a defendant requesting judgment based upon the plaintiff's failure to establish a prima facie case |
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Term
| motion for summary adjudication |
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Definition
| motion asking the court to dispose of some, but not all, of the issues in a case |
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Term
| motion for summary judgment |
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Definition
| motion asking the court to dispose of a case entirely on the ground that the facts are undisputed and the court may render a judgment as a matter of law |
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Term
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Definition
| motion requesting the court to prevent or limit specific evidence or testimony at trial, generally on the ground that the relevance of the evidence is outweighed by the prejudice it would cause the moving party or the time it would waste |
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Term
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Definition
| motion filed when the opposition fails to file a response to requested discovery method, or fails to answer direct questions in the course of a deposition |
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Term
| motion to compel further answers |
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Definition
| motion filed when the opposition's responses are inadequate, incomplete, or evasive; requires the parties to meet and confer, and must be brought within 45 days after the verified responses were served |
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Term
|
Definition
| motion asking the court to rule that service of summons or subpoena was defective either because the court has no constitutional basis upon which to assert personal jurisdiction over the defendant or because the service was somehow defective procedurally |
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Term
| motion to stay enforcement of judgment |
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Definition
| motion after trial made by losing party asking the court for an order preventing the prevailing party from taking the steps necessary to enforce the judgment until after the time for filing notice of an appeal has passed |
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Term
|
Definition
| motion asking the court to strike all or parts (i.e. a word, a sentence, a paragraph, a cause of action) of the complaint or other pleadings (i.e. cross-complaint, answer) on the grounds that they are false, irrelevant, or improper |
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Term
| motion to vacate judgment |
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Definition
| motion requesting the court to nullify the judgment based on a legal error and replace it with another judgment |
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Term
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Definition
| a denial in which a person may impliedly admit more than he or she denies |
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Term
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Definition
| a form of ADR in which each party presents its case to a neutral person (the "evaluator") who gives an opinion as to the strengths and weaknesses of each party's case, and how the case might be settled |
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Term
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Definition
| statutory offer to compromise |
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Term
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Definition
| notice to the trial court, parties, and appellate court that an appeal will be filed |
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Term
| notice of entry of judgment |
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Definition
| a court form attached to a copy of the judgment and served to the parties |
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Term
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Definition
| a form which, when filed with the Secretary of State, creates a lien on personal property of the debtor which lasts for 5 years from the date of the filing unless the judgment is satisfied earlier or the judgment lien is released |
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Term
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Definition
| the part of a motion which informs the interested parties when and where the hearing of the motion will be held and the relief which the moving party is seeking |
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Term
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Definition
| method of pleading used in federal court; requires a "short and plain statement" of the claim showing that the pleader is entitled to relief from the court. Plaintiff does not have to plead the facts of the case, only state enough information to put the opposition "on notice" that there is a suit against him or her |
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Term
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Definition
| introductory statements made by both parties about the nature of the case, presenting their client in the most favorable light |
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Term
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Definition
| an order demanding that a party present reasons why the court should not issue a particular order |
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Term
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Definition
| the power of the court to be the first to hear and resolve a case before it is reviewed by another court; usually the court that has jurisdiction to conduct the trial |
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Term
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Definition
| a request that the court excuse the prospective juror without explanation or justification |
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Term
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Definition
| where the court has the discretion to refuse to allow a party to intervene in a case |
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Term
|
Definition
| when there is a legal or factual relationship between parties, making it sensible to have all parties present in one lawsuit, they may be joined in the lawsuit |
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Term
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Definition
| (in personem jurisdiction) the court's authority to render a legally binding decision over a party |
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Term
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Definition
| (writ of certiorari) request made to the supreme court to review an appellate court decision |
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Term
| physical or mental examinations |
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Definition
| a method of formal discovery requiring a party to undergo examination and/or testing by a particular medical professional; usually demanded by a defendant of a plaintiff or cross-complainant claiming physical or mental injury |
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Term
|
Definition
| the injured party who commences a lawsuit |
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Term
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Definition
| documents that define the legal issues in the case, state the facts in dispute, and request the court to grant some type of relief |
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Term
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Definition
| the "person most knowledgeable" about a given topic; used when noticing the deposition of an entity |
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Term
|
Definition
| last portion of the complaint that states what the plaintiff is seeking by way of a remedy for each cause of action, and the amount of money damages or other relief sought |
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Term
|
Definition
| before suing governmental entities, a very specific claim procedure must be followed, and if it is not, the lawsuit is barred |
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Term
| preponderance of the evidence |
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Definition
| burden of proof requiring that the facts or evidence shown were more likely to be true than not (51% vs 49%) |
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Term
|
Definition
| party who wins (prevails) a motion or obtains judgment in his or her favor |
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Term
|
Definition
| the essential elements of a party's case |
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Term
|
Definition
| a statement of the law, i.e. Constitution, statutes, common law |
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Term
|
Definition
| rules and principles which must be followed to enforce substantive rights and obligations and which govern the behavior of the courts and attorneys during the civil litigation process |
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Term
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Definition
| an order requested by a party to limit the scope of discovery on the ground that the burden, expense, or intrusiveness of that discovery clearly outweighs the likelihood that the information sought will lead to the discovery of admissible evidence |
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Term
|
Definition
| a written declaration stating that a particular document was served on a particular person on a particular date and time by a particular method |
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Term
| quasi in rem jurisdiction |
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Definition
| jurisdiction over the person, but restricted to their specific interest in property located within the state |
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Term
|
Definition
| the injured party with a vested interest in the outcome of the case |
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Term
|
Definition
| the record which the appellate court will review for error; consists of reporter's transcripts and the clerk's transcript |
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Term
|
Definition
| a document is treated as if it were filed on the date that an earlier document was filed, i.e. a complaint amended to name a DOE defendant will "relate back" to the date of the original complaint was filed |
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Term
|
Definition
| something which tends to prove or disprove a fact at issue |
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Term
|
Definition
| when a higher court sends the case back to the lower court for further action in compliance with their decision |
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Term
|
Definition
| a request by a defendant to transfer a case from state court to federal court |
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Term
|
Definition
| what the plaintiff seeks in civil litigation; a monetary or equitable award to enforce a right or impose a penalty, or a determination of rights and obligations of the parties |
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Term
|
Definition
| written transcription of the oral portion of trial proceedings |
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Term
|
Definition
| a method of formal discovery asking a party to admit or deny the truth of each listed statement of fact, opinion relating to fact, or application of law to fact, or to admit or deny the genuineness of documents |
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Term
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Definition
| a legal doctrine holding an employer responsible for the torts of an employee committed within the scope of employment |
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Term
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Definition
| party against whom an appeal from state court is filed; appellee in federal court |
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Term
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Definition
| a written agreement between the attorney and client outlining the scope of the representation, the agreed upon fees, and the obligations of the attorney and the client |
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Term
|
Definition
| overturn a prior court decision |
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Term
|
Definition
| fictitiously named cross-defendant whose identity is not yet ascertained |
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Term
|
Definition
| penalties imposed by the court for failure to abide by court rules or orders; they include monetary, issue, evidence, terminating, and contempt sanctions |
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Term
|
Definition
| any matter, not privileged, relevant to the subject matter of the action or a motion made in the action, that is admissible or is reasonably calculated to lead to the discovery of admissable evidence |
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Term
|
Definition
| law review articles, digests, and commentaries about the law, used to enlighten or clarify issues for the court |
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Term
|
Definition
| when the parties reach an agreement which ends the case |
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Term
|
Definition
| client's statement giving attorney permission to settle under particular terms and conditions |
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Term
|
Definition
| meeting of attorneys and clients with a settlement judge to settle the case; may occur at any time in the case; mandatory settlement conference occurs shortly before trial |
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Term
| settlement conference statement |
|
Definition
| a document filed and served prior to a settlement conference; for a mandatory settlement conference, plaintiff's statement has to itemize economic and non-economic damages and contain a good faith statement must contain a good faith settlement offer |
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Term
|
Definition
| "strategic lawsuit against public participation" A strategic lawsuit against public participation (SLAPP) is a lawsuit that is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition. |
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Term
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Definition
| enables a defendant to appear in a case solely for the purpose of challenging jurisdiction without being deemed to have submitted to the court's jurisdiction |
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| type of demurrer which specifically identifies the defect (as compared to a general demurrer) |
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| a response which denies specific parts of a pleading (i.e. a particular paragaph(s); a particular sentence or allegation within a paragraph) as opposed to a general denial |
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Definition
| the approach taken by an appellate court when reviewing a case; may be abuse of discretion, de novo, or substantial evidence |
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| a plaintiff's right to bring an action in court, and a defendant's right to defend that action |
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| laws enacted by legislative bodies on federal, state, and local levels |
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| statutes found in the Code of Civil Procedure which set forth the maximum period of time which can elapse between the event giving rise to a lawsuit and the actual filing of the lawsuit |
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Term
| subject matter jurisdiction |
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Definition
| the authority of the court to render a legally binding decision over the type of case and amount in controversy |
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Definition
| the signature of the attorney at the end of a pleading; constitutes a certification by the attorney that to the best of his/her knowledge, information, and belief, after reasonable inquiry, that the pleading is meritorious |
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Definition
| standard of appellate court review used when the appeal involves a factual dispute; appellate court will defer to the trial court's determination so long as substantial evidence supports the court's factual determination |
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Definition
| defines the legal rights and obligations of citizens |
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Definition
| the substitution of one party in place of another, i.e. if a party lacks standing or is incapacitated or dies, another party may be substituted in their place |
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Definition
| determination by the court of an issue or issues on the merits without a trial |
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| judgment by the court on legal issues where there are no disputed facts |
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Definition
| court document intended to satisfy the Due Process of Law protection under the 14th Amendment of the Constitution requiring that a person be given notice that a suit is pending against them and what their risks and obligations are |
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| court order striking a party's pleading, dismissing the case, or entering a default judgment |
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| the collection of the cash and checks on hand at a business in order to satisfy a judgment |
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| a brief which outlines for the court material issues, relevant facts and evidence, and the law that the party cites support for its case and in opposition to the other party's position |
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Definition
| the judge in a bench trial and the jury in a jury trial |
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Definition
| cases involving civil disputes with claims of damages of more than $25,000, including personal injury, and contract and business disputes |
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Term
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Definition
| essential acts that relate to the elements of a cause of action |
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Term
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Definition
| a geographical location; an action is to be commenced in the court located in the proper venue |
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Term
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Definition
| finding of fact returned by a jury after they consider the evidence at trial |
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Term
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Definition
| an affadavit or declaration signed under penalty of perjury that the facts stated in a particular document are true |
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Definition
| the process used to examine prospective jurors to determine if any are biased or incompetent |
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Definition
| method of enforcing judgment which seizes the judgment debtor's wages |
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| petition for review of an appellate court decision |
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Definition
| a court order directing the sheriff, marshal, or registered process server to enforce a money judgment |
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Term
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Definition
| (per section 250 of evidence code) means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile (fax), and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored. |
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