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Chapter 8
The Lawsuit: Preparations for Trial
38
Law
11th Grade
10/29/2010

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Term
allegation
Definition
A fact that one side expects to prove.
Term
answer
Definition
The pleading made in response to a complaint.
Term
appeal
Definition
To bring a case from a lower court to a higher court for review.
Term
cause of action
Definition
A legal claim that, if proved to the satisfaction of the court, is sufficient to justify the entry of judgment in favor of the plaintiff.
Term
complaint
Definition
The initial pleading filed by the plaintiff in a civil matter.
Term
contingency fee
Definition
A fee that is collected if an attorney successfully represents a client. The attorney is entitled to a percentage of the amount of money awarded the client.
Term
cross-complaint
Definition
A pleading filed by the defendant asserting causes of action against the plaintiff as part of the same lawsuit.
Term
court of equity
Definition
The name for a system of courts that originated in England to take care of problems where existing legal laws did not cover some situations in which a person's rights were violated by another person. In equity courts, relief is not available to the petitioner through monetary damages or criminal punishment.
Term
deem
Definition
As if; treated as true unless proved otherwise.
Term
default
Definition
The neglect or failure of a party to take a required step in a legal action. To take a default means to request the court for a judgment against the adverse party.
Term
defendant
Definition
The party against whom a claim or charge is instituted; the party being sued.
Term
demurrer
Definition
A formal objection attacking the legal sufficiency of the opponent's pleadings.
Term
docket number
Definition
The number assigned to the case by the court clerk.
Term
execution of judgment
Definition
The process to carry into effect the decree of judgment of the court.
Term
file
Definition
To deposit the original pleading or document with the appropriate office of the court clerk.
Term
garnishment
Definition
A proceeding requiring one who holds money, usually wages or property belonging to another, not to deliver or dispose of it until the result of the suit is ascertained.
Term
issue
Definition
To make a document an official document; to have the document stamped, dated, and signed by the clerk or one of the deputy clerks.
Term
lawsuit
Definition
A legal proceeding.
Term
lien
Definition
A claim against the loser's property in a judgment for specific amounts of money.
Term
litigant
Definition
A party to a legal action or lawsuit.
Term
litigation
Definition
A contest in court for the purpose of enforcing a right; a suit of law.
Term
motion
Definition
A request to the court for an order or ruling by the judge.
Term
order
Definition
A command issued by a judge that something be done.
Term
personal service
Definition
The personal delivery of pleadings or process upon a party to an action.
Term
plaintiff
Definition
One who brings an action at law; the person suing.
Term
pleadings
Definition
Documents filed in a legal action.
Term
prayer
Definition
The closing paragraph of a pleading in which is stated the relief or remedy sought.
Term
prays
Definition
Asks for relief requested.
Term
process server
Definition
An individual who, for a fee, serves legal papers on those named in lawsuits.
Term
proof of service
Definition
An affidavit or declaration attesting to the fact of the accomplishment of the service of pleadings or process.
Term
proof of service by mail
Definition
An affidavit or declaration establishing the fact of mailing a pleading to the party named therein.
Term
retainer
Definition
An agreement between a client and attorney for continuing legal services throughout the year.
Term
statutory fee
Definition
The amount of money an attorney may charge for services based on statutes.
Term
stipulation
Definition
An oral or written agreement between opposing counsel in a pending legal action.
Term
substituted service
Definition
Service of pleadings or process other than personal.
Term
summons
Definition
A writ or process served on a defendant in a court action for the purpose of securing the defendant's appearance in that action.
Term
writ of attachment
Definition
A writ issued to a sheriff ordering the seizure of property identified in the case pending court action.
Term
writ of execution
Definition
A writ issued by the clerk of court to a designated enforcement officer authorizing the latter to take possession of and sell the property of the defendant and to apply the proceeds toward the satisfaction of judgment.
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