Term
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Definition
| proof of service or return of service. It is notification that a defendant has been served. |
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Term
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Definition
| jury selection or questioning of potential witness. Takes place during the pretrial stage.
Jury Selection: Once there is a jury panel there are two ways a panel memember can be removed
- peremptory challange
- Challenges for Cause
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Term
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Definition
dismissing a jury panel member based on a valid reason
e.g. bias
unlimited in number |
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Term
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Definition
| no cause needed the attorney can keep a person off the jury without having to provide a reason. Limited in number. Typically 3-6. Usually same # each side. |
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Term
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Definition
| The burden is on the plaintiff in a civil trial and a prosecutor in a criminal trial.
In a civil trial called preponderance of evidence. In criminal called beyond a reasonable doubt |
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Term
| preponderance of evidence |
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Definition
| the burden of proof in a civil trial. |
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Term
| beyond a reasonable doubt |
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Definition
| burden of proof in a criminal trial |
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Term
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Definition
the informative value of evidence
if probative value is outweighed by the prejudicial effect the evidence should not be admitted. |
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Term
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Definition
to be considered by a jury the evidence must be admissible. Relevant is one criteria but there are others.
e.g. legally obtained, a piece of evidence that was illegally obtained will not be allowed as admissible evidence. |
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Term
| Preserving the Record and Preserving the Right of Appeal |
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Definition
| Objections by an attorney at trial are very often an effort to preserve the record thereby preserving the right to later appeal. |
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Term
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Definition
| the event or point at which a series of incidents begin which ultimately result in an event with damages occuring. |
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Term
| Doctrine of Last Clear Chance |
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Definition
| the person with the last clear chance to avoid the damages is the most liable. |
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Term
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Definition
| Pleading where the defendant seeks damages from the plaintive. |
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Term
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Definition
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Term
| joint and several liability |
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Definition
| allows you to sue more than one person under the same incident |
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Term
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Definition
| once the attorney has entered an appearance h/she is the attorney of record in the case. The appearance does not have to be physically present just named on paper work. |
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Term
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Definition
| All the property left by someone who has died |
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Term
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Definition
| a violation of civil law does not hurt the community; the person harmed sues the violator. Every civil case is divided into liability and damages. |
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Term
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Definition
| the tribunal or forum where the trial occurs, as well as the judge himself. |
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Term
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Definition
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Term
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Definition
| an amount of money paid to atone for injury or economic loss. |
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Term
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Definition
| 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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Term
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Definition
| money paid to an attorney to secure her services; also refers to the contract between the attorney and the client. When an attorney has been retained she works in a representative capacity on behalf of the client. |
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Term
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Definition
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Term
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Definition
| 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 with the court on behalf of the client. |
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Term
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Definition
| The physical location of the trial. |
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Term
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Definition
| when a federal court hears a case based on the fact that parties are from different states. Damages in excess of 75k also qualify. |
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Term
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Definition
| the party who initiates the action by filing a complaint, claiming injury or harm. |
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Term
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Definition
| 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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Term
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Definition
| 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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Term
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Definition
| 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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Term
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Definition
| the presentation of legal papers |
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Term
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Definition
| process is the summons and complaint. Service of process is the delivery of the summons and complaint upon the defendant in a court action. |
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Term
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Definition
| the pleading that initiates litigation. Filed by the plaintiff, it contains general allegations against the defendant. It is served with the summons. |
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Term
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Definition
| individuals or groups involved in a legal action. |
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Term
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Definition
| a legally valid reason to sue; required element of a complaint |
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Term
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Definition
| 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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Term
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Definition
| the party against whom a complaint is filed |
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Term
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Definition
| the part of the complaint that asks for damages; sometimes called the "prayer for relief." |
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Term
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Definition
| multiple defendants in a legal action |
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Term
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Definition
| a document filed with the court asking the court to take some specific legal action. |
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Term
| difference between a motion and a pleading |
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Definition
| 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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Term
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Definition
| a fact claimed by a party |
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Term
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Definition
| Jury is a group of citizens selected from the community to determine the outcome of a case. The right to jury trial is always true in criminal cases. In civil cases the right has to be asked for and a judge can act in place of a jury. |
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Term
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Definition
| 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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Term
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Definition
| service of legal papers upon an individual, as opposed to a business or registered agent. |
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Term
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Definition
| a person who is permitted by law to serve legal documents; must be at least 18 years of age and not a party to the action. can be a private company but usually in North Carolina it is done for $15 by the Sheriff. |
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Term
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Definition
| a written statement of fact sworn to under oath |
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Term
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Definition
| one who signs the affidavit |
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Term
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Definition
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Term
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Definition
| A person authorized to administer the oath and to verify that an individual signs a legal document. |
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Term
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Definition
| Authority of a court to hear and decide a case |
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Term
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Definition
| jurisdiction over a person |
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Term
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Definition
| jurisdiction over the controversy, often property. |
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Term
| quasi in rem jurisdiction |
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Definition
| jurisdiction over property even though the property is not the controversy |
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Term
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Definition
| attachment of the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation |
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Term
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Definition
| attachment to the title of a piece of property preventing its sale until a previous financial obligation |
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Term
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Definition
| laws that govern the procedures of trials |
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Term
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Definition
| the pleading filed by the defendant in response to the allegations contained in the complaint |
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Term
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Definition
| An admission that a specific act did occur, arguing that the fault lies not with the defendant. Intended to eliminate or reduce a plaintiff's damages. |
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Term
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Definition
| a pleading presenting the DEFENDANT's complaint against the plaintiff. Damages are asked for. Sometimes the only determining factor as to whether a claim is an affirmative defense or a counterclaim is whether the defendant is alleging damages. |
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Term
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Definition
a claim by one defendant against a co-defendant. two typical types:
1. one original defendant sues another original defendant.
2. third party complaints where a third party is brought in. |
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Term
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Definition
| pleading where a defendant sues someone not yet a party to the action. |
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Term
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Definition
| this pleading is the plaintiff's response to a defendant's counterclaim |
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Term
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Definition
| a judgment by the court in favor of the plaintiff, based on the fact that the defendant failed to respond in a timely manner |
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Term
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Definition
| a request that the court take a specific procedural step. they act as a request for an order. Differ from pleadings in that pleadings state specific legal positions. |
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Term
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Definition
| A lawsuit...the process of asking the court of law to decide the outcome of a dispute |
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Term
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Definition
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Term
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Definition
the way one party obtains information on a case from another party. The goal being to expose all relevant facts which the court will ultimately base its decision. The 5 most common methods of discovery are:
1. Interrogatories
2. Request for Admissions
3. Request for Production
4. Request for Mental or Physical
Examination
5. Depositions |
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Term
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Definition
| Written questions to the opposing party that must be answered under penalty of perjury. Only 55 questions are allowed. They do not have to be used at the same time. |
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Term
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Definition
| Written Statements the opposing party must admit for deny under penalty of perjury. Failure to respond results in questions admitted automatically. |
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Term
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Definition
| a request for documents or physical items to be provided for inspection. Also called the Inspection of Documents or Property |
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Term
| Request for Mental or Physical Examination |
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Definition
| Request that the other party usually the plaintiff be subjected to a mental or physical examination. This may require court approval. |
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Term
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Definition
| oral questions that must be answered under oath. They take place outside of the court room but a court reporter is transcribing the testimony. |
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Term
| Certificate of mailing or certificate of service |
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Definition
| When a document is filed with the court or when discovery is sent to a party, a certificate of mailing is usually attached. This attests that a true and correct copy of the document was sent to all parties involved in litigation. Often followed by a receipt of copy. |
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Term
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Definition
| An official command by the court, usually demanding that one or both the parties perform an act |
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Term
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Definition
| a proceeding in court, where the judge and both parties are present. |
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Term
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Definition
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Term
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Definition
| the right to refuse to testify or to prevent someone else from testifying |
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Term
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Definition
| a hearing at which only one party is present, such as a hearing on a motion for a restraining order. Ex parte hearings are not common. |
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Term
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Definition
| the party against whom the third-party complaint was filed. The defendant in the original complaint becomes the "third party plaintiff" |
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Term
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Definition
asking the court to dismiss a case with out going to trial.
Two types of dismissals:
dismissal with prejudice
dismissal without prejudice |
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Term
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Definition
| a case is dismissed and may not be brought again, because the court has made up its mind about the case. |
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Term
| dismissal without prejudice |
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Definition
| a case is dismissed but may be filed again, because the court has not made up its mind about the matter |
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Term
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Definition
| this document is filed with the court to argue a legal issue, relying on law to support the party's position. |
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Term
| motion for summary judgment |
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Definition
| NC rule 56... a pretrial motion asking the court to determine the outcomes of the case based on the pleadings and motions rather than going to trial with a jury. If there are no material facts in dispute, only law, then the judge can rule. It may also refer to a motion to limit the issues that will be dealt with at trial. referred to as a partial summary judgment. |
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Term
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Definition
| a motion to limit the issues that will be dealt with at trial. This determines some, but not all, the issues before the court |
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Term
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Definition
| a judicial officer who may preside over hearings. Usually deals with procedural matters and does not have all the powers of a judge. |
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Term
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Definition
| a meeting between the court and the parties for clarification of procedural matters and to promote settlement, also to tell the judge how long it will take. |
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Term
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Definition
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Term
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Definition
| an agreement between counsel for the parties regarding a fact, issue, or point that will not be disputed at trial. |
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Term
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Definition
| an agreement to end the litigation for an agreed-upon consideration, usually money |
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Term
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Definition
| a legal question to be answered by the court |
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Term
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Definition
items used to establish or disprove a fact
four types of evidence:
1. direct
2. circumstantial
3. oral
4. physical |
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Term
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Definition
evidence from personal observation that tends to establish a fact without the need for an inference.
example: a witness who sees a gun fired can give direct testimony about the shooting. |
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Term
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Definition
evidence of one fact that requires an inference to establish another fact.
example: a witness who hears a shot, turns around and sees a man with a gun..can give circumstantial evidence. |
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Term
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Definition
| evidence given orally, also called testimonial evidence |
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Term
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Definition
| the evidence that will be allowed to be considered by the jury. The jury will decide whether or not to believe the evidence. |
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Term
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Definition
| the court's official calendar for trials and hearings to take place in that courtroom. |
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Term
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Definition
| to set a date for trial that is agreed upon by attorneys, parties, and the court. |
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Term
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Definition
| a group of citizens called to serve on a jury. the jury is the trier of fact. They are called to hear the evidence and render a verdict. |
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Term
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Definition
| the group from which the jury will be selected |
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Term
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Definition
| court employee who keeps order in the courtroom. |
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Term
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Definition
| a person who sits to hear the entire case with the jury but whose only purpose is to deliberate/vote for a juror who has been dismissed. |
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Term
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Definition
| presentations made by the attorneys at the beginning of a trial, stating the facts they intend to prove at trial. Give a preview of what is to come. No evidence is given. |
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Term
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Definition
| a rule that states that a witness in a case may not be in the courtroom during the testimony of other witnesses. mostly used in criminal cases, It may be used in a civil case based on the judges discretion. |
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Term
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Definition
| the document issued under authority of the court to compel the appearance of a witness. the document to force someone to appear for testimony. |
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Term
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Definition
| a person who has been qualified by the court to have experience and knowledge in a specific area to testify |
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Term
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Definition
| to establish a witness's expertise in a specific area. |
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Term
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Definition
| to question a potential witness to determine his or her competency or the appropriateness of his or her testimony |
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Term
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Definition
| each attorney addressing the jury or the court at the end of the trial attempting to persuade the sides case. |
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Term
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Definition
| guidelines to the jury about how the law is to be applied and the facts that may be considered during its deliberations. |
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Term
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Definition
| a jury's discussion of the case, in private, following the trial, with the goal of rendering a verdict. |
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Term
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Definition
| the final conclusion of the jury |
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Term
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Definition
| the member elected by the jury to lead the deliberations and speak for the jury. |
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Term
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Definition
| a motion asking the court to disregard the jury's verdict and replace it with the court's own verdict. NOV stands for Non Obstante Verdicto |
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Term
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Definition
| the final conclusion of the court. In civil cases the judge usually enters the jury's verdict into judgment However the judge has the power to alter or overturn the jury's verdict in civil cases but not in criminal. |
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Term
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Definition
| when the judge adds to the amount a jury has awarded. Typically the judge will give the party who must pay the award the choice of an increased award or a new trial will be granted to the other side. |
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Term
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Definition
| the 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 either accepting a lesser amount or a new trial will be granted to the other side. |
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Term
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Definition
| a request that the judge order a new trial due to procedural errors. Usually filed in order to preserve the right to appeal later. part of obligation to exhaust all available remedies. |
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Term
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Definition
| to ask the next higher court to review the case and determine if the trial court erred. |
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Term
| appeal as a matter of right |
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Definition
| there are circumstances where an appellate court has to hear an appeal. Death penalty cases in state criminal courts. |
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Term
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Definition
| to give up a right, either by voluntary action, the result of an action, or inaction by the party. |
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Term
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Definition
| to delay the implementation of a court's order. |
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Term
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Definition
| a motion stating that a party intends to appeal. motion usually filed with the trial court, the appellate court, and sent to all other parties involved. |
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Term
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Definition
| money held by the court to ensure that the funds from the award will be available after the appellate process. |
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Term
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Definition
| Doctrine stating that a case decided on its merits may not be re-litigated. |
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Term
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Definition
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Term
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Definition
| the party initiating an appeal |
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Term
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Definition
| the party responding to an appeal |
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Term
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Definition
| the official collection of all pleadings, exhibits, motions, orders, and transcript of the trial. |
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Term
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Definition
| the word-for-word typed record of what occurred at trial |
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Term
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Definition
| a written argument by the appellant covering the points of error on appeal. |
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Term
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Definition
also called "issues on appeal,"
issues that are the basis for the appeal.
these questions point to potential errors of the trial court. |
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Term
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Definition
| a written answer to the appellate brief |
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Term
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Definition
| must be requested, not always granted. an oral presentation to an appellate court. |
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Term
| panel of justices (or judges) |
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Definition
| the portion of an appellate-level court that hears a case. Usually three judges. |
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Term
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Definition
| when the entire appellate level court sits to hear and decide a case. Important Case! |
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Term
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Definition
| written decision of the court |
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Term
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Definition
| must be over 50% of judges, becomes common law until superseded or overturned |
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Term
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Definition
| the appellate court agrees with the decision of the trial court |
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Term
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Definition
| the appellate court disagrees with and nullifies the decision of the trial court. |
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Term
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Definition
| the appellate court alters the decision of the trial court |
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Term
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Definition
| the appellate court sends the case back to the trial court for further deliberation |
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Term
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Definition
| opinion of one or more judges that agrees with the results of the majority, but arrives at that result for different reasons |
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Term
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Definition
| disagrees with the majority opinion but can help shape law in the future. |
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Term
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Definition
| to make a formal request to the court |
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Term
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Definition
| a second chance to present arguments to the court on the same issues |
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Term
| petition for writ of certiorari |
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Definition
| petition to be heard by the supreme court (state or federal) also from a state supreme court to federal. The writ is issued by the supreme court |
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Term
| petition for writ of cert |
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Definition
| the supreme court denies the petition for writ of certiorari so the decision of the lower court stands and case is not heard at the supreme court level |
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Term
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Definition
| Considered a crime against the community so state prosecutes the defendant. Jail time may be issued. possible to be charged civilly and criminally for same crime |
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Term
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Definition
| the government's (state) side in a criminal trial. also bringing criminal charges against the defendant. |
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Term
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Definition
| an order from a judge/court authorizing an arrest or a search or seizure of property. Charging a person with a crime |
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Term
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Definition
1rst court appearance by defendant in criminal case
informed of charges
bail is decided
sets the date for the next court proceeding. |
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Term
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Definition
| a crime punishable by a sentence of less than one year. |
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Term
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Definition
| a crime punishable by a sentence of a year or more in prison |
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Term
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Definition
| money or property deposited with the court to procure the release of a defendant and to ensure the appearance of the defendant at trial |
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Term
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Definition
| a written agreement to pay the full bail amount to the court if the defendant fails to appear when required |
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Term
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Definition
| a defendant is released without being required to post bail, on the promise to appear in court at the designated time. |
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Term
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Definition
| court appointed attorney that represents a defendant who can't afford one |
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Term
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Definition
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Term
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Definition
| dismiss charges before/ during initial appearance |
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Term
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Definition
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Term
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Definition
| to declare a defendant's position in a criminal trial, usually guilty/not guilty but others are possible....e.g.: nolo contendere: no contest |
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Term
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Definition
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Term
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Definition
| criminal settlement agreement. Defendant in criminal cases agrees to plead guilty, usually to a lesser charge in return for a reduced sentence. |
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