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Chapter 4 Terms
Test 1
47
Law
Undergraduate 3
10/06/2008

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Term
Plaintiff
Definition
The party who files a civil action.
Term
Defendant
Definition
The party being sued, or the person against whom a criminal charge is filed by the prosecuting state or the federal government.
Term
Counterclaim
Definition
Made when a defendant wants to sue the plaintiff.
Term
Counterplaintiff/Counterdefendant
Definition
Used to describe the parties involved in the counterclaim. The defendant becomes the counterplaintiff and the plaintiff becomes the counterdefendant.
Term
Third Party Defendants
Definition
If a defendant alleges that there cannot be a complete determination of a controversy without the presence of other parties, he or she may bring in new third parties.
Term
Standing to Sue
Definition
The requirement that a plaintiff must satisfy by demonstrating a personal interest in the outcome of litigation or an administrative hearing.
Term
Personal Jurisdiction
Definition
The authority a court has over the parties to the case.
Term
Personal Jurisdiction
Definition
The authority a court has over the parties to the case.
Term
Summons
Definition
A notice to appear in court, which also obtains personal jurisdiction over the defendant.
Term
Service of Process
Definition
Delivery of the notice or summons.
Term
Long-arm Statutes
Definition
Provide for the service of process beyond states boundaries.
Term
Extradition
Definition
The process of requesting and transporting the prisoner from one state to another.
Term
Class-action Suit
Definition
A lawsuit in which one or more plaintiffs file suit on their own behalf of all over persons who may have a similar claim.
Term
Pleadings
Definition
Legal documents that are filed with a court to begin the litigation process.
Term
Complaint
Definition
The pleading filed by a plaintiff in a lawsuit.
Term
Answer
Definition
The responsive pleading filed by a defendant.
Term
Default
Definition
If the defendant does not respond in any way within the time allowed by the court, the court may grant the plaintiff the relief sought by the complaint.
Term
Discovery
Definition
Procedures by which one party in a lawsuit may obtain information relevant to the case from the other party or from third persons.
Term
Interrogatories
Definition
Series of written questions to the opposing parties which must be answered by the party receiving them.
Term
Request for Production of Documents
Definition
A method of discovery whereby either party may ask the other party to produce specific documents important to the lawsuits outcome.
Term
Depositions
Definition
The most expensive and revealing method of discovery in which the lawyer orally asks questions of the possible witness and an oral response is given and recorded by a court reporter.
Term
Request for Admission
Definition
After other methods of discovery are used, either party may request the other to admit certain issues presented in the pleadings and are no longer disputed.
Term
Motion
Definition
The process by which the parties make written or oral requests that the judge issue an order or ruling.
Term
Statute of Limitations
Definition
Sets a date after which a lawsuit may not be brought and begins running after the happening of a certain event, such as the occurrence of injury of breach of contract.
Term
Judgment on the Pleadings
Definition
A principle of litigation, in the form of a motion, whereby one party tests the validity of the allegations contained in the complaint and answer. Upon this motion, a judge might determine that the pleadings contain no issues of fact or law and thus grant judgment prior to trial.
Term
Summary Judgment
Definition
A party files this motion to ask the judge to base a decision not only on the pleadings but on other evidence, which is presented in the form of sworn statements called affidavits.
Term
Affidavits
Definition
A sworn written statement made before an officer authorized by law to administer oaths.
Term
Voir Dire
Definition
Examination given to the potential jurors which allows the court and often the attorneys to examine each potential juror as to his or her qualifications and ability to be fair impartial.
Term
Peremptory Challenges
Definition
The power granted to each party to reject a limited number of potential jurors during voir dire examination. No reasons for the rejections need be given.
Term
Directed Verdict
Definition
The defendant may make this motion after the plaintiff has presented his or her evidence.
Term
Jury Instructions
Definition
Following the closing arguments, the judge acquaints the jury with the law applicable to the case.
Term
Burden of Proof
Definition
It may describe the responsibility that a person has to come forward with evidence on a particular issue. It may also describe the responsibility a person has to be persuasive as to a specific fact (also known as burden of persuasion).
Term
Beyond a Reasonable Doubt
Definition
The burden of proof required on a criminal case. The prosecution in a criminal case has the burden of proving the defendant is guilty, and the jury must have no reasonable doubt about the defendant's guilt.
Term
Preponderance of Evidence
Definition
Evidence that has greater weight and overcomes the opposing evidence and presumptions in the judgment of the jurors.
Term
Clear and Convincing Proof
Definition
Used in situations where the law requires more than a simple preponderance of evidence but less than proof beyond a reasonable doubt. The party with the burden must establish clearly the existence of the alleged facts.
Term
Verdict
Definition
The jury's decision which is announced in the courtroom when the jury's deliberations are completed.
Term
Judgment
Definition
The judge's agreement with the verdict and is entered in favor of the party which won the jury's verdict.
Term
Judgment notwithstanding the Verdict
Definition
The decision of a court that sets aside the verdict of a jury and reaches the opposite result.
Term
Appellant
Definition
The party which is appealing after the result of the trial court.
Term
Appellee
Definition
The successful party in the trial court.
Term
Petitioner
Definition
The party filing either a case in equity or a petition for a writ of certiorari before a supreme court.
Term
Respondent
Definition
The party answering a petition for a writ of certiorari in the Supreme Court.
Term
Brief
Definition
A short description of the case submitted by both parties which contains a factual summary, legal points and authorities, and arguments for revising or affirming the lower court decision.
Term
Oral Argument
Definition
The attorneys are given specified amounts of time to explain orally to the court their position in the case.
Term
Execution
Definition
To carry some action to completion. With respect to an enforcing court's judgment, an execution involves the seizure of the debtor's property, a sale of the property, and the payment of proceeds to the creditor.
Term
Garnishment
Definition
A method of enforcement where a portion of the debtor's wages are paid to the court, which in turn pays the creditor.
Term
Res Judicata
Definition
The doctrine that deems a former adjudication conclusive and prevents a retrial of matters decided in the earlier lawsuit.
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