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| The party who files a civil action. |
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| The party being sued, or the person against whom a criminal charge is filed by the prosecuting state or the federal government. |
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| Made when a defendant wants to sue the plaintiff. |
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| Counterplaintiff/Counterdefendant |
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| Used to describe the parties involved in the counterclaim. The defendant becomes the counterplaintiff and the plaintiff becomes the counterdefendant. |
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| 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. |
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| The requirement that a plaintiff must satisfy by demonstrating a personal interest in the outcome of litigation or an administrative hearing. |
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| The authority a court has over the parties to the case. |
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| The authority a court has over the parties to the case. |
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| A notice to appear in court, which also obtains personal jurisdiction over the defendant. |
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| Delivery of the notice or summons. |
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| Provide for the service of process beyond states boundaries. |
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| The process of requesting and transporting the prisoner from one state to another. |
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| A lawsuit in which one or more plaintiffs file suit on their own behalf of all over persons who may have a similar claim. |
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| Legal documents that are filed with a court to begin the litigation process. |
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| The pleading filed by a plaintiff in a lawsuit. |
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| The responsive pleading filed by a defendant. |
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| 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. |
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Definition
| Procedures by which one party in a lawsuit may obtain information relevant to the case from the other party or from third persons. |
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Definition
| Series of written questions to the opposing parties which must be answered by the party receiving them. |
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| Request for Production of Documents |
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Definition
| A method of discovery whereby either party may ask the other party to produce specific documents important to the lawsuits outcome. |
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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. |
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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. |
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Definition
| The process by which the parties make written or oral requests that the judge issue an order or ruling. |
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| 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. |
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| Judgment on the Pleadings |
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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. |
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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. |
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Definition
| A sworn written statement made before an officer authorized by law to administer oaths. |
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| 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. |
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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. |
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| The defendant may make this motion after the plaintiff has presented his or her evidence. |
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Definition
| Following the closing arguments, the judge acquaints the jury with the law applicable to the case. |
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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). |
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Term
| Beyond a Reasonable Doubt |
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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. |
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| Preponderance of Evidence |
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Definition
| Evidence that has greater weight and overcomes the opposing evidence and presumptions in the judgment of the jurors. |
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| Clear and Convincing Proof |
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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. |
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| The jury's decision which is announced in the courtroom when the jury's deliberations are completed. |
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| The judge's agreement with the verdict and is entered in favor of the party which won the jury's verdict. |
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| Judgment notwithstanding the Verdict |
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| The decision of a court that sets aside the verdict of a jury and reaches the opposite result. |
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| The party which is appealing after the result of the trial court. |
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| The successful party in the trial court. |
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| The party filing either a case in equity or a petition for a writ of certiorari before a supreme court. |
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| The party answering a petition for a writ of certiorari in the Supreme Court. |
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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. |
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| The attorneys are given specified amounts of time to explain orally to the court their position in the case. |
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| 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. |
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Definition
| A method of enforcement where a portion of the debtor's wages are paid to the court, which in turn pays the creditor. |
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| The doctrine that deems a former adjudication conclusive and prevents a retrial of matters decided in the earlier lawsuit. |
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