Term
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Definition
| THE PROCESS OF RESOLVING PRIVATE DISPUTES THROUGH THE COURT SYSTEM. |
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Term
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Definition
| THE PROCESS OF DECIDING A CASE (GIVING EVIDENCE, MAKING ARGUMENTS, DECIDING BY A JUDGE AND JURY, ETC.), WHICH OCCURS WHEN IF THE DISPUTE IS NOT RESOLVED BY PLEADINGS, PRETRIAL MOTIONS, OR SETTLEMENT. A TRIAL USUALLY TAKES PLACE IN OPEN COURT, AND MAY BE FOLLOWED BY A JUDGMENT, AN APPEAL, AND SO ON. |
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Term
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Definition
| THE BASIC LAW OF RIGHTS AND DUTIES (CONTRACT LAW, CRIMINAL LAW, ACCIDENT LAW, LAW OF WILLS, ETC.) AS OPPOSED TO PROCEDURAL LAW (LAW OF PLEADINGS, LAW OF EVIDENCE, LAW OF JURISDICTION, ETC.). |
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Term
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Definition
| THE RULES OF CARRYING ON A CIVIL LAWSUIT OR A CRIMINAL CASE (HOW TO ENFORCE RIGHTS IN COURT) AS OPPOSED TO SUBSTANTIVE LAW (THE LAW OF THE RIGHTS AND DUTIES THEMSELVES). |
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Term
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Definition
| HAVING TO DO WITH THE LAW OF CRIMES AND ILLEGAL CONDUCT. |
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Term
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Definition
| THE PROCEDURE BY WHICH A PERSON ACCUSED OF A CRIME IS BROUGHT TO TRIAL AND GIVEN PUNISHMENT. |
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Term
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Definition
| THE LAWS AND RULES THAT GOVERN HOW NONCRIMINAL LAWSUITS ARE HANDLED BY THE INDIVIDUALS INVOLVED AND BY THE COURT. |
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Term
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Definition
| DEALING WITH PRIVATE DISPUTES BETWEEN PARTIES. |
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Term
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Definition
| A PERSON WHO BRINGS (STARTS) A LAWSUIT AGAINST ANOTHER PERSON. |
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Term
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Definition
| THE PERSON AGAINST WHOM A LEGAL ACTION IS BROUGHT. THIS LEGAL ACTION MAY BE CIVIL OR CRIMINAL. |
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Term
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Definition
| THE FIRST MAIN PAPER FILED IN A CIVIL LAWSUIT, IT INCLUDES, AMONG OTHER THINGS, A STATEMENT OF THE WRONG OR HARM DONE TO THE PLAINTIFF BY THE DEFENDANT, A REQUEST FOR SPECIFIC HELP FROM THE COURT, AND AN EXPLANATION OF WHY THE COURT HAS THE POWER TO DO WHAT THE PLAINTIFF WANTS. |
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Term
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Definition
| A WRITTEN REQUEST TO A COURT ASKING THAT IT TAKE A PARTICULAR ACTION. IN SOME STATES THE WORD IS LIMITED TO WRITTEN REQUESTS MADE WHEN THERE IS NO OTHER SIDE IN A CASE; IN SOME STATES, “COMPLAINT” IS USED IN IT'S PLACE (THE FIRST PLEADING IN A LAWSUIT). |
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Term
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Definition
| THE FIRST PLEADING BY THE DEFENDANT IN A LAWSUIT. THIS PLEADING RESPONDS TO THE CHARGES AND DEMANDS OF THE PLAINTIFF’S COMPLAINT. THE DEFENDANT MAY PRESENT NEW FACTS TO DEFEAT THEM, OR MAY SHOW WHY THE PLAINTIFF’S FACTS ARE LEGALLY INVALID. |
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Term
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Definition
| FAILURE TO TAKE A REQUIRED STEP IN A LAWSUIT; FOR EXAMPLE, FAILURE TO FILE A PAPER ON TIME. CAN SOMETIMES LEAD TO A “_______ JUDGMENT” AGAINST THE SIDE FAILING TO FILE THE PAPER. |
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Term
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Definition
| THE OFFICIAL DECISION OF A COURT ABOUT THE RIGHTS AND CLAIMS OF EACH SIDE IN A LAWSUIT. USUALLY REFERS TO A FINAL DECISION THAT IS BASED ON THE FACTS OF THE CASE AND MADE AT THE END OF A TRIAL. |
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Term
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Definition
| THE FORMAL AND INFORMAL EXCHANGE OF INFORMATION BETWEEN TWO SIDES IN A LAWSUIT. TWO TYPES ARE INTERROGATORIES AND DEPOSITIONS. |
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Term
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Definition
| A REQUEST THAT A JUDGE MAKES A RULING OR TAKES SOME ACTION. ______ ARE EITHER GRANTED OR DENIED BY THE JUDGE. |
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Term
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Definition
| A JUDGE’S ORDER REQUIRING THAT SOMETHING BE DONE OUTSIDE THE COURTROOM OR AUTHORIZING IT TO BE DONE. FOR EXAMPLE, ORDERS A COURT OFFICIAL TO TAKE A DEBTOR’S PROPERTY TO PAY COURT-DECIDED DEBT, USUALLY BY HOLDING AN SALE. |
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Term
| ALTERNATIVE DISPUTE RESOLUTION (ADR) |
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Definition
| WAYS TO RESOLVE LEGAL PROBLEMS, WITHOUT A COURT DECISION; FOR EXAMPLE, ARBITRATION, MEDIATION, MINITRIALS, RENT-A-JUDGE, OR SUMMARY JURY TRIAL. |
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Term
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Definition
| 1. DISCUSS, ARRANGE, OR BARGAIN ABOUT A BUSINESS DEAL. 2. DISCUSS A COMPROMISE TO A SITUATION. |
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Term
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Definition
| TO COME TO AN AGREEMENT ABOUT A PRICE, DEBT, PAYMENT OF A DEBT, OR DISPOSTION OF A LAWSUIT. |
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Term
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Definition
| OUTSIDE HELP IN SETTLING A DISPUTE. THIS IS DIFFERENT FROM ARBITRATION IN THAT A _______ CAN ONLY PERSUADE, NOT FORCE, PEOPLE IN SETTLEMENT. |
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Term
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Definition
| THE PERSON WHO HELPS SETTLE A DISPUTE. |
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Term
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Definition
| RESOLUTION OF A DISPUTE BY A PERSON (OTHER THAN A JUDGE) WHOSE DECISION IS BINDING. SUBMISSION OF THE DISPUTE IS OFTEN THE RESULT OF AN AGREEMENT IN A CONTRACT. IF REQUIRED BY LAW, IT IS CALLED COMPULSORY. |
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Term
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Definition
| THE PERSON WHO RESOLVES A DISPUTE IN AN __________ HEARING.’ |
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Term
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Definition
| BOOKS THAT CONATIN THE ACTUAL LAW (CASE REPORTERS, CODES, AND CONSTITUTIONS). |
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Term
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Definition
| 1. PERSUASIVE AUTHORITY 2. WRITINGS ABOUT THE LAW SUCH AS ARTICLES, TREATIES, AND ENCYCLOPEDIAS. |
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Term
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Definition
| RULES THAT ARE ADOPTED BY INDIVIDUAL COURTS AND APPLY ONLY IN THOSE COURTS. |
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Term
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Definition
| CONTAIN SAMPLE FORMS FOR LEGAL PROFESSIONALS TO FOLLOW IN PREPARING PLEADINGS AND OTHER DOCUMENTS. |
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Term
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Definition
| ELECTRONIC FILE STORAGE WHERE FILES ARE STORED ON THE INTERNET RATHER THAN ON THE OFFICE COMPUTER. |
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Term
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Definition
| WHERE THE PARTIES TO A LAWSUIT FILE THEIR PLEADINGS AND PRESENT EVIDENCE TO A JUDGE OR JURY. |
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Term
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Definition
| ANOTHER TERM FOR A TRIAL COURT. |
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Term
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Definition
| 1. THE GEOGRAPHICAL AREA WITHIN WHICH A COURT (OR A PUBLIC OFFICIAL) HAS THE RIGHT AND POWER TO OPERATE. 2. THE PERSON ABOUT WHOM AND THE SUBJECT MATTERS ABOUT WHICH A COURT HAS A RIGHT AND POWER TO MAKE DECISIONS THAT ARE LEGALLY BINDING. |
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Term
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Definition
| THE POWER OF A COURT TO TAKE A CASE, TRIES IT, AND DECIDES IT (AS OPPOSED TO APPELLATE JURISDICTION, THE POWER OF A COURT TO HEAR AND DECIDE AN APPEAL). |
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Term
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Definition
| A COURT THAT DECIDES APEALS FROM A TRIAL COURT. IN MOST STATES IT IS A MIDDLE-LEVEL COURT (SIMILAR TO THE US COURT OF APPEALS), BUT IN SOME STATES IT’S THE HIGHEST COURT. |
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Term
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Definition
| A WRITTEN STATEMENT PREPARED BY ONE SIDE IN A LAWSUIT TO EXPLAIN ITS CASE TO THE JUDGE. IT USUALLY CONTAINS A FACT SUMMARY, A LAW SUMMARY, AND AN ARGUMENT ABOUT HOW THE LAW APPLIES TO THE FACTS. MOST SUCH “BRIEFS” ARE NOT BRIEF. |
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Term
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Definition
| A MISTAKE IN THE WAY THE LAW IS INTERPRETED OR APPLIED TO A SITUATION. |
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Term
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Definition
| THE POWER AND AUTHORITY OF A HIGHER COURT TO TAKE UP CASES THAT HAVE ALREADY BEEN IN A LOWER COURT AND THE POWER TO MAKE DECISIONS ABOUT THESE CASES. THE PROCESS IS CALLED APPELLATE REVIEW. ALSO, A TRIAL COURT MAY HAVE APPELLATE JURISDICTION OVER CASES FROM AN ADMINISTRATIVE AGENCY. |
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Term
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Definition
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Term
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Definition
| 1. MAKE FIRM; REPEATS AGREEMENT; CONFIRM. 2. WHEN A HIGHER COURT DECLARES THAT A LOWER COURT’S ACTION WAS VALID AND RIGHT, IT AFFIRMS THE DECISION. |
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Term
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Definition
| SET ASIDE. FOR EXAMPLE, WHEN A HIGHER COURT REVERSE A LOWER COURT ON APPEAL, IT SETS ASIDE THE JUDGEMENT OF THE LOWER COURT AND EITHER SUBSTITUTES ITS OWN JUDGMENT FOR IT OR SENDS THE CASE BACK TO THE LOWER COURT WITH INSTRUCTIONS ON WHAT TO DO WITH IT. |
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Term
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Definition
| SEND BACK. FOR EXAMPLE, A HIGHER COURT MAY REMAND (SEND BACK) A CASE TO THE LOWER COURT, DIRECTING THE LOWER COURT TO TAKE SOME ACTION. |
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Term
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Definition
| THE HIGHEST OF THE US COURTS AND THE HIGHEST COURT OF MOST, BUT NOT ALL, OF THE STATES. |
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Term
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Definition
| “TO MAKE SURE”. A REQUEST FOR CERTIORARI IS LIKE AN APPEAL, BUT ONE THAT THE HIGHER COURT IS NOT REQUIRED TO TAKE FOR DECSION. IT IS LITERALLY A WRIT FROM THE HIGHER COURT FOR THE RECORD OF THE CASE. |
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Term
| SUBJECT MATTER JURISDICTION- |
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Definition
| THE AUTHORITY THAT A COURT HAS TO HEAR A PARTICULAR TYPE OF CASE.’ |
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Term
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Definition
| THE POWER OR AUTHORITY OF THE COURT TO MAKE A RULING AFFECTING THE PARTIES BEFORE THE COURT. |
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Term
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Definition
| THE AUTHORITY OF A COURT TO HEAR A CASE BASED ON THE FACT THAT PROPERTY, WHICH IS THE SUBJET OF A LAWSUIT, IS LOCATED WITHIN THE STATE IN WHICH THE COURT IS SITUATED. |
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Term
| QUASI IN REM JURISDICTION- |
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Definition
| AUTHORITY OF A COURT TO HEAR A CASE BASED ON THE FACT THAT THE DEFENDANT OWNS PROPERTY THAT IS LOCATED WITHIN THE STATE, EVEN THOUGH THAT PROPERTY IS NOT THE SUBJECT OF THE LAWSUIT. |
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Term
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Definition
| THE SITUATION THAT OCCURS WHEN PERSONS ON ONE SIDE OF A CASE IN FEDERAL COURT COME FROM A DIFFERENT STATE THAN PERSONS ON THE OTHER SIDE. COMPLETE DIVERSITY (ALL THE PLAINTIFF’S ARE FROM A DIFFERENT STATE THAN ALL OF THE DEFENDANTS) ALLOWS THE COURT TO ACCEPT AND DECIDE THE CASE BASED ON THE COURT’S DIVERSITY JURISDICTION, PROVIDED THAT CERTAIN OTHER CRITERIA ARE MET. DIVERSITY OF CITIZENSHIP ALSO APPLIES TO SUITS BETWEEN CITIZENS AND FOREIGN NATIONALS. |
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Term
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Definition
| IF A COURT HAS EXCLUSIVE JURISDICITON OVER A SUBJECT; NO OTHER COURT IN THE AREA CAN DECIDE A LAWSUIT ON THAT SUBJECT. |
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Term
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Definition
| “RUNNING TOGETHER”, OR HAVING THE SAME AUTHORITY AT THE SAME TIME. FOR EXAMPLE, COURTS HAVE CONCURRENT JURISDICTION WHEN EACH ONE HAS THE POWER TO DEAL WITH THE SAME CASE. |
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Term
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Definition
| THE TRANSFER OF A CASE FROM ONE COURT TO ANOTHER (MOST COMMONLY, FROM A STATE TO A FEDERAL COURT, OFTEN FOR CIVIL RIGHTS REASONS). |
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Term
| SUPPLEMENTAL JURISDICTION- |
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Definition
| A FEDERAL COURT’S RIGHT TO DECIDE A CLAIM BASED ON A NONFEDERAL ISSUE IF THIS CLAIM DEPENDS ON THE SAME SET OF FACTS AS DOES A FEDERAL CLAIM IN THE CASE BEFORE THE COURT. |
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Term
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Definition
| THE POWER OF A COURT TO HEAR AND DECIDE ANY OF A WIDE RANGE OF CASES THAT ARISE WITHIN ITS GEOGRAPHICAL AREA. |
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Term
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Definition
| AUTHORITY TO HEAR ONLY CERTAIN KINDS OF CASES. |
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Term
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Definition
| COMING BEFORE A COURT AND SUBMITTING TO ITS JURISDICTION IN A CASE. |
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Term
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Definition
| A STATE LAW THAT ALLOWS THE COURTS OF THAT STATE TO CLAIM JURISDICTION OVER (DECIDE CASES DIRECTLY INVOLVING) PERSONS OUTSIDE THE STATE WHO HAVE ALLEGEDLY COMMITTED TORTS OR OTHER WRONGS INSIDE THE STATE. EVEN WITH A LONG ARM STATUTE, THE COURT WILL NOT HAVE JURISDICTION UNLESS THE PERSON SUED HAS CERTAIN MINIMUM CONTACTS WITH THE STATE. |
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Term
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Definition
| SHOWING UP IN COURT FOR A LIMITED PURPOSE ONLY, ESPECIALLY TO ARGUE THAT THE COURT LACKS JURISDICTION OVER YOU AND YOUR CLIENT. SPECIAL APPEARANCES HAVE BEEN REPLACED IN FEDERAL COURTS AND MANY STATE COURTS BY MOTIONS OR PLEADINGS FOR THE SAME PURPOSE. |
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Term
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Definition
| SERVICE OF SUMMONS- A REQUEST THJAT THE COURT DECLARES THAT SERVICE OF THE COMPLAINT AND SUMMONS IS INVALID, EITHER BECAUSE THE COURTS LACKS JURISDICTION OVER THE DEFENDANT OR BECAUSE OF SOME PROCEDURAL PROBLEMS WITH THE SERVICE ITSELF. |
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Term
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Definition
| FORMALLY SEIZING PROPERTY (OR A PERSON) IN ORDER TO BRING IT UNDER THE CONTROL OF THE COURT. THIS IS USUALLY DONE BY GETTING A COURT ORDER TO HAVE A LAW ENFORCEMENT OFFICER TAKE CONTROL OF THE PROPERTY. |
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Term
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Definition
| THE LOCAL AREA WHERE A CASE MAY BE TRIED. COURT SYSTEMS MAY HAVE JURISDICTION (POWER) TO TAKE A CASE IN A WIDE GEOGRAPHICAL AREA, BUT THE PROPER VENUE FOR THE CASE MAY BE ONE PLACE WITHIN THAT AREA FOR THE CONVENIENCE OF THE PARTIES, OR OTHER REASONS. JURISDICTION IS THE SUBJECT OF FIXED RULES, BUT VENUE ID OFTEN LEFT UP TO THE DISCRETION (GOOD JUDGMENT) OF THE JUDGE. |
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Term
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Definition
| 1. FACTS OF SUFFICIENT TO SUPPORT A VALID LAWSUIT. 2. THE LEGAL THEORY UPON WHICH A LAWSUIT (“ACTION”) IS BASED. |
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Term
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Definition
| A TIME LIMIT. FOR EXAMPLE, A STATUTE OF LIMITATIONS IS A LAW THAT SETS A MAXIMUM AMOUNT OF TIME AFTER SOMETHING HAPPENS FOR IT TO BE TAKEN TO COURT. |
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Term
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Definition
| A TYPE OF LAW REQUIRES A WRITTEN NOTICE DESCRIBING A CLAIM TO BE PRESENTED TO THE DEFENDANT BEFORE A LAWSUIT CAN BE FILED. |
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Term
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Definition
| THE LEGAL DOCTRINES THAT A DELAY (IN PURSUING OR ENFORCING A CLAIM OR RIGHT) CAN BE SO LONG THAT THE PERSON AGAINST WHOM YOU ARE PROCEEDING IS UNFAIRLY HURT OR PREJUDICED BY THE DELAY ITSELF. LATCHES ARE AN EQUITABLE DEFENSE, USED WHEN A PLAINTIFF DELAYS UNFAIRLY IN STARTING A LAWSUIT. |
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Term
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Definition
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Term
| MODEL RULES OF PROFESSIONAL CONDUCT- |
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Definition
| AMERICAN BAR ASSOCIATION RULES STAING AND EXPLAINING WHAT LAWYERS MUST DO, MUST NOT DO, SHOULD DO, AND SHOULD NOT DO. THEY COVER THE FIELD OF LEGAL ETHICS. |
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Term
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Definition
| BEING IN A POSITION WHERE YOUR OWNS NEEDS AND DESIRES COULD POSSIBLE LEAD YOU TO VIOLATE YOUR DUTY TO A PERSON WHO HAS A RIGHT TO DEPENDS ON YOU, OR BEING IN A POSITION WHERE YOU TRY TO SERVE TWO COMPETING MASTERS OR CLIENTS. |
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Term
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Definition
| A LEGAL FEE BASED ON A FIXED SUM RATHER THAN ON AN HOURLY RATE OR A PERCENTAGE OF A RECOVERY. |
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Term
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Definition
| A LEGAL FEE BASED ON A FIXED AMOUNT FOR EACH HOUR THE LAW FIRM SPENDS ON THE CASE. |
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Term
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Definition
| PAYMENT TO A LAWYER OF A PERCENTAGE OF THE “WINNINGS”, IF ANY, FROM A LAWSUIT RATHER THAN PAYMENT OF A FLAT AMOUNT OF MONEY OR PAYMENT ACCORDING TO THE NUMBER OF HOURS WORKED. |
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Term
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Definition
| EXPENSES OF ONE SIDE IN A LAWSUIT THAT THE JUDGE ORDERS THE OTHER SIDE TO PAY OR REINBURSE. |
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Term
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Definition
| 1. EMPLOYMENT OF A LAWYER BY A CLIENT. 2. THE SPECIFIC AGREEMENT IN NO. 1. |
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Term
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Definition
| MONEY OR PROPERTY PUT IN A BANK ACCOUNT TO BE KEPT SEPARATE (OFTEN FOR ETHICAL OR LEGAL REASONS) OR USED FOR A SPECIAL PURPOSE. |
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Term
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Definition
| A LETTER FROM AN ATTORNEYTO A NEW CLIENT ESTABLISHING THE GROUND RULES OF THE LITIGATION, INCLUDING FEES, BILLING RATES, RETAINER, AND WORK TO BE PERFORMED BY THE LAW. |
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Term
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Definition
| AN AGREEMENT BETWEEN AN ATTORNEY AND A CLIENT SETTING FORTH THE FEE ARRANGEMENT. |
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Term
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Definition
| A DOCUMENT BY WHICH A CLAIM OR RIGHT IS RELINQUISHED. |
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Term
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Definition
| A SIGNED STATEMENT EMPOWRING SOMEONE (SUCH AS DOCTOR OR EMPLOYER) TO GIVE OUT INFORMATION THA TMIGHE OTHERWISE BE TREATED AS CONFIDENTIAL. |
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Term
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Definition
| A DOCUMENT IN WHICH THE CLIENT KEEPS TRACK OF MEDICAL TREATMENT, DAILY HEALTH COMPLAINTS, TYPE AND AMOUNT OF MEDICATION, MILEAGE TO PHYSICIANS’ OFFICES, AND OTHER MEDICAL RELATED EXPENSES. |
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Term
| AGENT FOR SERVICE OF PROCESS- |
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Definition
| INDIVIDUAL DESIGNATED BY A CORPORATION WHO IS AUTHORIZED TO BE SERVED WITH A LAWSUIT AGAINST THE CORPORATION. |
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Term
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Definition
| A PERSON AUTHORIZED (REQUESTED OR PERMITTED) BY ANOTHER PERSON TO ACT FOR HIM OR HER; A PERSON ENTRUSTED WITH ANOTHER’S BUSINESS. |
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Term
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Definition
| THE DELIVERY (OR ITS LEGAL EQUIVALENT, SUCH AS PUBLICATION IN A NEWSPAPER IN SOME CASES) OF A LEGAL PAPER, SUCH AS WRIT, BY AN AUTHORIZED PERSON IN A WAY THAT MEETS CERTAIN FORMAT REQUIREMENTS. IT IS THE WAY TO NOTIFY A PERSON OF A LAWSUIT. |
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Term
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Definition
| A QUESTION THAT SHOWS WITNESSES HOW TO ANSWER IT OR SUGGESTS THE PREFERRED ANSWER. |
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Term
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Definition
| PHYSICAL APPEARANCE AND BEHAVIOR. THE DEMEANOR OF A WITNESS IS NOT WHAT THE WITNESS SAYS, BUT HOW THE WITNESS SAYS IT. |
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Term
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Definition
| PROOF OF A FACT WITHOUT THE NEED FOR OTHER FACTS LEADING UP TO IT. FOR EXAMPLE, DIRECT EVIDENCE THAT DODOS ARE NOT EXTINCT WOULD BE A LIVE DODO. |
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Term
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Definition
| FACTS THAT DIRECTLY PROVE A MAIN FACT IN QUESTION. |
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Term
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Definition
| A CONCLUSION OR INFERENCE DRAWN. A PRESUMPTION OF LAW IS AN AUTOMATIC ASSUMPTION REQUIRED BY LAW THAT WHENEVER A CERTAIN SET OF FACTS SHOWS UP A COURT MUST AUTOMATICALLY DRAW CERTAIN LEGAL CONCLUSIONS. |
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Term
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Definition
| THE ACT OF A JUDGE IN RECOGNIZING THE EXISTENCE OR TRUTH OF CERTAIN FACTS WITHOUT BOTHERING TO MAKE ONE SIDE IN A LAWSUIT PROVES THEM. THIS IS DONE WHEN THE FACTS ARE EITHER COMMON KNOWLEDGEAND UNDISPUTED, OR ARE EASILY FOUND AND CANNOT BE DISPUTED. |
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Term
| ELECTRONIC STORED INFORMATION (ESI)- |
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Definition
| COMPUTER GENERATED RECORDS SUCH AS THOSE FOUND IN EMAIL FILES, DATABASE, CALENDARING PROGRAMS, AND ALL OTHER RELEVANT DATA FILES CREATED BY SPREADSHEETS, WORD PROCESSING, OR ANY ANALOGOUS PROGRAMS. |
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Term
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Definition
| EVIDENCE THAT TENDS TO PROVE OR DISPROVE A FACT THAT IS IMPORTANT TO A CLAIM, CHARGE, OR DEFENSE IN A COURT CASE. |
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Term
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Definition
| TESTIMONY ABOUT A PERSON’S PERSONAL TRAITS AND HABITS THAT IS DRAWN FROM THE OPINIONS OF CLOSE ASSOCIATES, FROM THE PERSON’S REPUTATION IN THE COMMUNITY, OR FROM THE PERSON’S PAST ACTIONS. |
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Term
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Definition
| THE WAY A PERSON USUALLY RESPONDS TO A PARTICULAR SITUATION. |
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Term
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Definition
| A STATEMENT ABOUT WHAT SOMEONE ELSE SAID (OR WROTE OR OTHER WISE COMMUNICATED). HEARSAY EVIDENCE IS EVIDENCE CONCERNING WHAT SOMEONE SAID OUTSIDE OF COURT PROCEEDING THAT IS OFFERED IN THE PROCEEDING TO PROVE THE TRUTH OF WHAT WAS SAID. |
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Term
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Definition
| A DOCUMENT ATTACHED TO AN ITEM OF PHYSICAL EVIDENCE RECORDING THE CHAIN OF POSSESION (CHAIN OF CUSTODY) OF THAT PIECE OF EVIDENCE. |
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Term
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Definition
| A PERSON POSSESSING SPECIAL KNOWLEDGE OR EXPERIENCE WHO IS ALLOWED TO TESTIFY AT A TRIAL NOT ONLY ABOUT FACTS (LIKE AN ORDINARY WITNESS) BUT ALSO ABOUT THE PROFESSIONAL CONCLUSION HE OR SHE DRAWS FROM THESE FACTS. |
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Term
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Definition
| FORMAL, WRITTEN STATEMENT OF EACH SIDE OF A CIVIL CASE. |
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Term
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Definition
| A STATEMENT IN A PLEADING THAT SETS OUT A FACT THAT THE SIDE FILING THE PLEADING EXPECTS TO PROVE. |
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Term
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Definition
| THE HEADING OR INTRODUCTORY SECTION OF A LEGAL PAPER. THE CAPTION OF A COURT PAPER USUALLY CONTAINS THE NAMES OF THE PARTIES, THE COURT, AND THE CASE NUMBER. |
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Term
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Definition
| REQUEST. THAT PART OF A LEGAL PLEADING (SCH AS A COMPLAINT) THAT ASKS FOR RELIEF (HELP, MONEY, SPECIFIC COURT ACTION, AN ACTION FROM THE OTHER SIDE, ETC.). |
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Term
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Definition
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Term
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Definition
| SWEARS IN WRITING TO THE TRUTH OR ACCURACY OF A DOCUMENT. |
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Term
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Definition
| THE PERSON WHO WILL ULTIMATELY BENEFIT FROM WINNING A LAWSUIT, WHETHER OR NOT THAT PERSON BROUGHT IT INITIALLY. |
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Term
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Definition
| LEGAL ABILITY TO DO SOMETHING. |
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Term
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Definition
| AN AGREEMENT BETWEEN PARTIES OR THEIR ATTORNEYS THAT A DEFENDANT NEED NOT ANSWER A COMPLAINT WITHIN THE TIME DIRECTED BY LAW AND NEED NOT ANSWER UNTIL SPECIFICALLY NOTIFIED BY THE PLAINTIFF TO DO SO. |
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Term
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Definition
| A TYPE OF ANSWER IN WHICH ALL OF THE ALLEGATIONS OF THE COMPLAINT ARE DENIED. |
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Term
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Definition
| A TYPE OF ANSWER IN WHICHTHE DEFENDANT SPECIFICALLY REPLIES TO EACH OF THE CONTENTIONS ALLEGED IN THE COMPLAINT. |
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Term
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Definition
| A TYPE OF ANSWER DENYING ALL OF THE ALLEGATIONS OF THE COMPLAINT EXCEPT THOSE THAT ARE SPECIFICALLY ADMITTED. |
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Term
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Definition
| THE PART OF THE DEFENDANT’S ANWER TO A COMPLAINT THAT GOES BEYOND DENYING THE FACTS AND ARGUMENTS OF THE COMPLAINT. IT SETS OUT NEW FACTS AND ARGUMENTS THAT MIGHT WIN FOR THE DEFENDANT EVENIF EVERYTHING IN THE COMPLAINT IS TRUE. |
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Term
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Definition
| A CLAIM MADE BY HE DEFENDANT IN A CIVIL LAWSUIT THAT, IN EFFECT, “SUES” THE PLAINTIFF. |
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Term
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Definition
| A CLAIM BROUGHT BY ONE DEFENDANT AGAINST ANOTHER THAT IS BASED ON THE SAME SUBJECT MATTER AS THE PLAINTIFF’S LAWSUIT. |
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Term
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Definition
| A COMPLAINT BROUGHT BY A DEFENDANT IN A LAWSUIT AGAINST SOMEONE NOT IN THE LAWSUIT. |
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Term
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Definition
| A COUNTERCLAIM BASED ON THE SAME SUBJECT OR TRANSACTION AS THE ORIGINAL CLAIM. |
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Term
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Definition
| A CLAIM MADE BY A DEFENDANT IN A CIVIL LAWSUIT THAT, IN EFFECT, “SUES” THE PLAINTIFF, BASED ON THINGS ENTIRELY DIFFERENT FROM THE PLAINTIFF’S COMPLAINT. |
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Term
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Definition
| A CONCEPT FOLLOWING A DEFENDANT WHO HAS PAID A JUDGMENT TO SEEK REIMBURSEMENT FROM ANOTHER DEFENDANT. |
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Term
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Definition
| THE RIGH OF A PERSON WHO HAS PAID AN ENTIRE DEBT (OR JUDGEMENT) TO GET BACK A FAIR SHARE OF THE PAYMENT FROM ANOTHER PERSON WHO IS ALSO RESPONSIBLE FOR THE DEBT. |
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Term
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Definition
| IN FEDERAL PLEADING, THE PLAINTIFF’S RESPONSE TO THE DEFENDANT’S ANSWER OR COUNTERCLAIM. |
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Term
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Definition
| A LEGAL PLEADING THAT SAYS, IN EFFECT, “EVEN IF, FOR THE SALE OF ARGUMENT, THE FACTS PRESENTED BY THE OTHER SIDE ARE CORRECT, THOSE FACTS DO NOT GIVE THE OTHER SIDE A LEGAL ARGUMENT THAT CAN POSSIBLY STAND IN COURT.” THE DEMURRER HAS BEEN REPLACED IN MANY COURTS BY A MOTION TO DISMISS. |
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Term
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Definition
| A REQUEST THAT THE COURT DISMISS OR STRIKE THE CASE. |
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Term
| MORE DEFINITE STATEMENT (MOTION) - |
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Definition
| A REQUEST THT THE JUDGE REQUIRE AN OPPONENT IN A LAWSUIT TO FILE A LESS VAGUE OR LESS AMBIGUOUS PLEADING. |
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Term
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Definition
| A WRITTEN STATEMENT SWORN TO BEFORE A PERSON OFFICIALLY PERMITTED BY LAW TO ADMINISTER AN OATH. |
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Term
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Definition
| ACTION BY A COURT CLERK NOTING THAT THE DEFENDANT HAS FAILED TO FIEL A PROPER RESPONSE TO THE COMPLAINT. |
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Term
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Definition
| PERSON WHO MAKES A MOTION. |
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Term
| NOTICE OF HEARING ON THE MOTION- |
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Definition
| THE PART OF A WRITTEN MOTION THATDESCRIBES THE ATURE OF THE MOTION BEING MADE AND TELLS WHEN AND WHERE A HEARING ON THE MOTION WILL OCCUR. |
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Term
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Definition
| A STATEMENT UNDER PENALTY OF PERJURY THAT CERTAIN FACTS ARE TRUE OR BELIEVED TO BE TRUE. |
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Term
| MEMORANDUM OF POINTS AND AUTHORITIES- |
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Definition
| A LEGAL ARGUMENT IN THE FORM OF A DISCUSSION OR ANALYSIS OF THE LAW THAT APPLIES TO THE CASE. |
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Term
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Definition
| WITH ONLY ONE SIDE PRESENT. |
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Term
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Definition
| A RULING FROM THE COURT, OFTEN IN CONNECTION WITH MOTIONS, ALLOWING A MOVING PARTY TO GIVE LESS NOTICE OF A HARING ON A MOTION THAN IS REQUIRED BY STATUTE. |
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Term
| PROOF OF SERVICE (CERTIFICATE OF SERVICE) - |
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Definition
| VERIFICATION THAT A PLEADING, MOTION, OR OTHER DOCUMNENT HAS BEEN SERVED A COPY OF THE DOCUMENT TO ANOTHER PARTY OR ATTORNEY. |
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Term
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Definition
| A WRITTEN COMMAND OR DIRECTION GIVEN BY A JUDGE. |
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Term
| MOTION FOR MORE DEFINITE STATEMENT- |
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Definition
| A MOTION MADE IN RESPONSE TO A COMPLAINT IN WHICH THE DEFENDANT CHALLENGES THE CLARITY OR SPECIFICITY OF THE COMPLAINT. |
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Term
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Definition
| A REQUEST MADE TO THE COURT TO DELETE PART OR ALL OF A PLEADING; CAN ALSO REFER TO A REQUEST MADE DURING TRIAL TO DELETE TESTIMONY. |
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Term
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Definition
| A REQUEST BY ONE PARTY TO THE COURT TO ALLOW A CHANGE IN THE CONTENT OF PLEADING. |
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Term
| MOTION FOR JUDGMENT ON THE PLEADINGS- |
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Definition
| A MOTION CLAIMING THAT THE ALLEGATIONS IN THE PLEADINGS ARE SUCH THAT NO CONTROVERSIAL ISSUES REMAIN AND THAT JUDGMENT CAN BE ENTERED FOR ONLY ONE PARTY. |
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Term
| MOTION FOR CHANGE OF VENUE- |
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Definition
| A REQUEST FROM A PARTY THAT THE COURT TRANSFERS THAT CASE TO A PROPER COURT. |
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Term
| MOTION TO QUASH THE RETURN OF THE SERVICE- |
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Definition
| MOTION MADE BYTHE DEFENDANT WHO CLAIMS THAT HE WAS IMPROPERLY SERVED WITH THE SUMMONS AND COMPLAINT. |
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Term
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Definition
| A REQUEST BY ONE PARTY TO THE COURT FOR AN ORDERING REQUIRING THE OTHER SIDE TO COMPLY WITH A DISCOVERY REQUEST. |
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Term
| MOTION FOR A PROTECTIVE ORDER- |
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Definition
| A MOTION MADE DURING DISCOVERY ASKING THE COURT TO LIMIT A DISCOVERY REQUEST. |
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Term
| MOTION FOR SUMMARY JUDGMENT- |
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Definition
| A MOTION REQUESTING THAT JUDGEMENT BE ENTERED IMMEDIATLEY BECAUSE THERE ARE NO DISPUTED FACTUAL ISSUES IN THE CASE. |
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Term
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Definition
| A REQUEST TO THE COURT FROM ONE PARTY THAT PENALTIES BE IMPOSED ON THE OTHER PARTY FOR VIOLATING THE PROVISIONS OF RULE 11 OF THE FEDERAL RULES OF CIVIL PROCEDURE. |
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Term
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Definition
| A MOTION OR REQUEST MADE O THE COURT, USUALLY AT THE START OF A TRIAL AND OUTSIDE THE PRESENCE OF THE JURY. |
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Term
| MOTION FOR JUDGMENT AS A MATTER OF LAW- |
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Definition
| A MOTION MADE DURING OR AFTER A TRIAL IN WHICH ONE PARTY ASKS THE JUDGE TO RULE IN HIS OR HER FAVOR V=BECAUSE THE OTHER SIDE HAS PRODUCED NO EVIDENCE UPON WHICH A JUDGMENT CAN BE BASED; THE MOTION CANNOT BE MADE UNTIL THE PARTY AGAINST WHOM THE MOTION IS MADE HAS INTRODUCED ALL OF ITS EVIDENCE. |
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Term
| MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT- |
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Definition
| IN A JURY TRIAL, A REQUEST FROM ONE PARTY THAT THE JUDGE DECIDES THAT CASE IN THAT PARTY’S FAVOR ON THE BASIS THAT NO FACTS HAVE BEEN PROVED THAT WOULD SUPPORT A JURY’S DECISION FOR THE OTHER PARTY. |
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Term
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Definition
| A MOTION MADE AFTER A TRIAL REQUESTING THAT THE JUDGE SET ASIDE THE VERDICT OR JUDGMENT AND GRANT A NEW TRIAL T THE PARTIES. |
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Term
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Definition
| A MOTION MADE AFTER A TRIAL CHALLENGING THE COSTS OF SUIT THAT ARE CLAIMED BY THE PREVAILING PARTY. |
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Term
| MOTION FOR THE RELIEF JUDGMENT OR ORDER- |
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Definition
| A REQUEST TO THE COURT BY ONE PARTY THAT THE COURT SET ASIDE ANY JUDGMENT, ORDER, OR PROCEEDINGS. |
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Term
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Definition
| THE PROCEDURE THAT THE PARTIES TO A LAWSUIT FOLLOW IN ORDER TO UNCOVER THE FACTS THAT ARE INVOLVED IN THE SUIT. THE SYSTEM INVOLVES AN EXCHANGE OF INFORMATION AMONG THE PARTIES USING CERTAIN ESTABLISHED DISCOVERY TECHNIQUES INCLUDING DEPOSITIONS, INTERROGATORIES, REQUEST FOR REAL EVIDENCE, REQUEST FOR PHYSICAL AND MENTAL EXAMINATIONS, AND REQUEST FOR ADMISSIONS. |
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Term
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Definition
| ELECTRONICALLY STORED INFORMATION ENCOMPASSES ALL COMPUTER GENERATED RECORDS SUCH AS THOSE FOUND IN BACKUP TAPES, “COOKIES,” DATABASES, DATA-PROCESSING CARDS, DIGITAL RECORDERS, DOCUMENTED IMAGES TECHNOLOGY, EMBEDDED CHIPS, EMAIL MESSAGES, FAX MACHINES, FINANCIAL DATA, HOME COMPUTERS, INPUT DATA, AND VOICE MAIL. |
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Term
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Definition
| A SERIES OF TECHNIQUES AND TOOLS THAT INVOLVE THE USE OF A WIDE VARIETY OF ELECTRONIC RESOURCES TO CONDUCT DISCOVERY OF ELECTRONICALLY STORED INFORMATION IN AN EFFICIENT AND ECONOMICAL WAY. |
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Term
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Definition
| AN ELECTRONIC CONFERENCE SETUP THAT PERMITS INDIVISUALS AT SEPARATE LOCATIONS TO MEET ONLINE VIA THE INTERNET. |
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Term
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Definition
| AN ELECTRONIC CONFERENCE SETUP THAT PERMITS SEVERAL INDIVIDUALS AT SEPARATE LOCATIONS TO DISCUSS THE PLANNING OF THE CASE. |
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Term
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Definition
| AN OUT OF COURT QUESTION AND ANSWER SESSION UNDER OATH, CONDUCTED IN ADVANCE OF A LAWSUIT AS A PART OF THE DISCOVERY PROCESS. |
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Term
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Definition
| WRITTEN QUESTIONS REQUIRING WRITTEN ANSWERS UNDER OATH AND DIRECTED TO A PARTY, IN WHICH ANOTHER PART SEEKS INFORMATION RELATED TO THE LITIGATION. |
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Term
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Definition
| A REQUEST THAT A PARTY OR OTHER INDIVIDUAL INVOLVED IN A LAWSUIT PROVIDE SPECIFIC DOCUMENTS OR OTHER PHYSICAL EVIDENCE TO THE PARTY MAKING THE REQUEST. |
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Term
| REQUEST FOR A PHYSICAL AND MENTAL EXAMINATION- |
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Definition
| A REQUEST MADE BY A PARTY TO ANOTHER PARTY IN THAT LAWSUIT TO ADMIT TO THE TRUTHFULNESS OF A FACT OR THE GENUINENES OF A PIECE OF EVIDENCE. |
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Term
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Definition
| DURING THE PLANNING STAGE IT IS IMPORTANT TO REMEMBER TAT THE TERM COMPUTER INCLUDES DESKTOP PCS, LAPTOPS NOTEBOOKS, MOBILE PHONES, PDAS, DIGITAL RECORDERS, GPS, AND HOME COMPUTERS THAT ARE PART OF A NETWORK. |
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Term
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Definition
| COMPUTER GENERATED RECORDS WITHIN A COMPUTER SYSTEM THAT ARE RELATIVELY UP TO DATE BYT ARE NOT USED ON A ROUTINE BASIS. |
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Term
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Definition
| COMPUTE GENERATED RECORDS WITHIN A COMPUTER SYSTEM THAT ARE STORED AS A PRECAUTIONARY MEASURE. |
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Term
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Definition
| COMPUTER GENERATED RECORDS WITHIN A COMPUTER SYSTEM THAT ARE HIDDEN IN THE SYSTEM GENERALLY BECAUSE THEY HAVE BEEN DELETED. |
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Term
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Definition
| ESI THAT HAS BEEN REDUCED TO A HARD COPY FOR FILING PURPOSES AS A SAFEGUARD AGAINST THE LOSS OF THAT DATA CAUSD BY THE BREAKDOWN OF THE COMPUTER SYSTEM. |
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Term
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Definition
| COMPUTER DATA ABOUT DATA, INCLUDING SUCH THINGS AS A TRACKING RECORD THAT SHOWS HOW THE DATA WAS COMPILED WHO COMPILED IT AND WHAT IT WAS USED FOR WHERE IT WAS STORED AND SO ON. |
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Term
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Definition
| AN ORDER ISSUED BY AN ATTORNEY TO A CLIENT TELLING THAT CLIENT’S EMPLOYEES AND ASSOCIATES TO STOP THE ROUTING HANDLING OF ALL ESI, ESPECIALLY AS THAT ROUTINE INVOLVES THE DELETION OF ESI. |
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Term
| LITIGATION RESPONSE TEAM- |
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Definition
| A GROUP OF HIGHLY TRAINED INDIVIDUALS WHO ARE CHARGES WIOTH THE JOB OF LEARNINGALL THERE IS TO KNOW ABOUT THE CLIENT’S E-DATA SYSTEM INCLUDING ALL BACKUP RETRIEVAL, FORMATTING, DELETIONS PROCEDURES, AND SO ON. |
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Term
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Definition
| A PRECISE RECORD OFWHO RECEIVED, HANDLED, EVALUATED, AND SAFEGUARDED THE EVIDENCE IN A LEGAL PROCEDDING. |
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Term
| EVIDENCE IN A LEGAL PROCEEDING- |
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Definition
| RELEVANT AND ADMISSIBLE TESTIMONY, DOCMENTS, PHOTOGRAPHS, RECORDS, REPORTS, OBJECTS, AND OTHER TANGIBLE ITEMS USED BY A PARTY IN A LEGAL PROCEDURE TO DEMONSTRATE THE VERACITY OF THE PARTY’S CLAIMS TO THE FINDER OF FACT IN THE CASE. |
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Term
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Definition
| A STRATEGY THAT EMPLOYS CERTAIN PROCESSES TO RETRIEVE, EXAMINE, ANALYZE, AND AUTHENTICATE ESI. |
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Term
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Definition
| A PROTECTION AFFOREDED BY THE LAW TO PREVENT OR LIMIT THE DISCOVERY OF EVIDENCE CREATED WITHIN A SETTING SUCH AS THAT PROVIDED BY THE ATTORNEY-CLIENT OR THE PHYSICIAN-PATIENT RELATIONSHIP. |
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Term
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Definition
| THE PARTY IN A LAWSUIT WHO REQUEST DATA, INCLUDING ESI, FROM THE OTHER PARTY. |
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Term
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Definition
| THE PARTY TO A LAWSUIT FROM WHOM DATA, INCLUDING ESI, IS REQUESTED DURING THE DISCOVERY STAGE. |
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Term
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Definition
| CLIENT PRIVILEGE- A PRIVILEGE THAT BELONGS TO A CLIENT IN AN ATTORENY-CLIENT RELATIONSHIP THAT REQUIRES THE ATTORNEY TO TREAT ALL INFORMATION REVEALED TO HIM, OR TO ANYONE EMPLOYED BY THE ATTORNEY, AS CONFIDENTIAL. BECAUSE THE PRIVILEGE BELONGS TO THE CLIENT RATHER THATN TO THE ATTORNEY, ONLY THE CLIENT CAN GIVE PERMISSION FOT HER REVELATION OF SUCH CONFIDENTIAL MATTER. |
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Term
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Definition
| A PRIVILEGE THAT PROTECTS ANY INFORMATION PREPARED BY AN ATTORNEY IN A LAWSUIT IF THAT INFORMATION IS PREPARED BY THE ATTORNEY IN ANTICIPATION OF LITIGATION OR TO PRESENT AT TRIAL. |
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Term
| COMMON INTEREST PRIVILEGE- |
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Definition
| THE RULE THAT PROTECTS ANY COMMUNICATION THAT TAKES PLACE BETWEEN ATTORNEYS FOR DIFFERENT CLIENTS WHEN THOSE CLIENTS SHARE A COMMON INTEREST. |
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Term
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Definition
| THE MEDICAL PRIVILEGE EXISTS BETWEEN A PATIENT AND A MEDICAL PRACTIONER AND IS DESIGNED TO PROTECT THE PATIENT’S CONFIDENTIAL COMMUNICATION WITH THE PRACTITIONER. THE PRIVILEGE COVERS COMMUNICATIONS MADE BETWEEN THE PATIENT AND PHYSICIANS, PSYCHIATRISTS, PODIATRISTS, PSYCHOLOGISTS, AND DENTISTS. |
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Term
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Definition
| PENITENT PRIVILEGE- A PRIVILEGE DESIGNED TO PROTECT THE CONFIDENTIALITY OF ANY COMMUNICATION BETWEEN AN INDIVIDUAL AND HIS OR HER CONFESSOR WHEN THE RELATIONSHIP INVOLVES THE SPIRITUAL SUPPORT OF THE PENITENT. THE PRIVILEGE BELONGS TO THE PENITENT RATHER THATN THE CONFESSOR. HOWEVER THS LAW ALSO PROTECTS THE CONFESSOR WHO HAS TAKEN A RELIGIOUS OATH NOT TO REVEAL THE CONTENT OF SUCH COUNSELING SESSIONS. |
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Term
| PRIVILEG AGAINST SELF DISCRIMINATION- |
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Definition
| A PRIVILEGE GRANTED BY THE FIFTH AMENDMENT TO THE CONSTITUTION THAT PREVENTS A CRIMINAL DEFENDANT FROM BEING FORCED TO TESTIFY AGAINST HIMSELF OR HERSELF. |
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Term
| CONFIDENTIALITY AGREEMENT- |
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Definition
| AN AGREEMENT THAT IS DESIGNED TO PROTECT CONFIDENTIAL INORMATION TRADE SECRETS, AND OTHER SECRET DATA FROM BEING REVEALED DURING THE DISCOVERY PROCESS IN A LAWSUIT. |
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Term
|
Definition
| AN ORDER THAT IS ISSUED BY THA COURT IN A LAWSUIT THAT ROTECTS A PARTY IN THE SUIT FROM REVEALING INFORMATION, DOCUMENTS, DATA, OR OTHER TYPES OF EVIDIENCE TO ANOTHER PARYT WHO AHS PREVIOUSLY REQUESTED THE PRODUCTION OF THAT EVIDENCE. |
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Term
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Definition
| AN AGREEMENT THAT ALLOWS THAT DATA RETREIVER TO GIVE EVIDENCE TO THE DATA REQUESTER FOR A PRELIMINARY SSESSMENT WHILE STILL PRESERVING ALL PRIVILEGES ASSOCIATED WITH THAT EVIDENCE. |
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Term
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Definition
| AN AGREEMENT SOMETIMES CALLED A NONWAIVER AGREEMENT THAT ALLOWS THE PARTIES TO AGREE THAT PRIVILEGES CAN BE ASSERTED AFTER EVIDENCE HAS BEEN SENT TO THE PARTY IF THE DATA RETREIVER DISCOVERS THAT IT HAS ACCIDENTALLY INCLUDED PRIVILEGED INFORMATION IN THE EVIDENCE SENT TO THE DATA REQUESTER. |
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Term
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Definition
| THE PROCESS OF REVEALING SOME INFORMATION THAT WAS PREVIOSLY UNKNOWN OR DIFFICULT TO COMPREHEND. |
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Term
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Definition
| A CONFERENCE THAT IS DESIGNED TO MAKE THE PROCESS OF CONDUCTIN A LAWSUIT AS EFFICIENT, SIMPLE, ECONOMICAL, AND FAIR AS POSSIBLE. THE PROCESS MAY INVOLVE A SIMPLIFICATION OF THE PLEADINGS, A LIMITATION ON THE WITNESSES TO BE CALLED AT TRIAL, A NARROWING OF THE ISSUES TO BE CONSIDERED AT TRIAL, A SIMPLIFICATION OF THE DISCOVERY PROCESS, AND SO ON. |
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Term
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Definition
| AN INDIVIDUAL WHO RESPONDS TO QUESTIONS DURING A DEPOSITION. |
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Term
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Definition
| A DEPOSITION THAT INVOLVES THE ACTUAL PRESENCE OF THEDEPONENTWHO RESPONDS ALOUD TO THE QUESTIONS ASKED BY AN ATTORNEY. |
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Term
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Definition
| AN INDIVIDUAL WHO RECORDS WORD FOR WORD THE TESTIMONY OF SWORN WITNESSES IN COURT OR AT DEPOSITION AND WHO MAY BE REQUIRED TO COMPOSE A WRITTEN TRANSCRIPT OF THAT TESTIMONY. |
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Term
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Definition
| A TYPED, ELECTRONIC, OR WORD-PROCESSED COPY OF THE TESTIMONY OF A WITNESS PRODUCED BY A COURT REPORTER FOLLOWING THE ORAL TESTIMONY OF THE WITNESS AT TRIAL OR AT DEPOSITION; AN OFFICIAL RECORD OF THE PROCEEDING OF A COURT. |
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Term
| NOTICE OF INTENT TO TAKE ORAL DEPOSITION- |
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Definition
| A NOTICE SPELLING OUT THE DATE, TIME, AND PLACE OF A PLANNED DEPOSITION. THE NOTICE WILL ALSO INDICATE THE NAME AND ADDRESS OF THE INTENDED DEPONENT AS WWLL AS THE IDENTITY OF THE ATTORNEY WHO WILL ASK THE QUESTIONS DURING THE DEPOSITION. |
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Term
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Definition
| A WRITTEN ORDER ISSUED BY A COURT AN ADMINISTRATIVE AGENCY COMMANDING THE PRESENCE OF A PERSON IN ORDER FOR THAT PERSON TO GIVE TESTIMONY IN AN OFFICIAL PROCEEDING. THE WORD SUBPOENA IS AN ABRRIEVIATED FORM OF THE LATIN WORD SUBPOENA AD TESTIFICANDUM. |
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Term
|
Definition
| A WRITTEN ORDER ISSUED BY A COURT OR ADMINISTRATIVE AGENCY COMMANDING THE PRESENCE OF A PERSON IN ORDER FOR THAT PERSON TO GIVE TESTIMONY AND TO SURRENDER THE EVIDENCE THAT IS ENUMERATED IN THE SUBPOENA. GENERALLY, SUCH EVIDENCE TAKES THE FORM OF DOCUMUMENTS, RECORDS, LETTERS, MEMOS, AND SO ON. |
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Term
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Definition
| A REQUEST MADE DURING DISCOVERY THAT IS SO WIDERANGING AND INCLUSIVE THAT IT ASKS FOR MORE EVIDENCE THATN COULD EVER BE USEFUL TO THE OTHER PARTY IN THE LAWSUIT. |
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Term
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Definition
| A REQUEST MADE DURING DISCOVERY THAT REPLICATES A REQUEST THATWAS MADE AT SOME PREVIOUS TIME DURING THE LAWSUIT. |
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Term
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Definition
| A PRACTICE SESSION THAT ATTEMPTS TO DUPLICATE THE QUESTION-AND –ANSWER PERIOD THAT WILL OCCUR DURING A REAL DEPOSITION. THE OBJECTIVE OF A MOCK DEPOSITION IS TO HELP THE PARTY OR WITNESS REHEARS FOR AN UPCOMING DEPOSTITION. |
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Term
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Definition
| A WRITTEN ABRIDGEMENT OF A DEPOSITION THAT CONDENSES THE QUESTION-AND –ANSWER PERIOD TO A CONCISELY WRITTEN, UNDERSTANDABLE ACCOUNT. |
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Term
| PAGE-LINE DEPOSITON SUMMARY- |
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Definition
| A WRITTEN ABRIDGEMENT OF A DEPOSITION THAT RECORDS THE INFORMATION PRODUCED BY THE DEPOSITION IN THE ORDER IN WHICH IT WAS ACTUALLY PRESENTED DURING THE DEPOSTION PROCESS. |
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Term
| TOPICAL DEPOSITION SUMMARY- |
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Definition
| A WRITTEN ABRIDGEMENT OF A DEPOSITION THAT RECORDS THE INFORMATION PRODUCED BY THE DEPOSITION ACCORDING TO CERTAIN DESIGNATED TOPICS. |
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Term
| CHRONOLOGICAL DEPOSTION SUMMARY- |
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Definition
| A WRITTEN ABRIDGEMENT OF A DEPOSTION THAT RECORDS THE INFORMATION PRODUCED BY THE DEPOSTION ON A SPECIFIED TEMPORAL SEQUENCE. |
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Term
| DEPOSITION UPON WRITTEN REQUEST- |
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Definition
| A DEPOSTION BEFORE A COURT REPORTER THAT CONSISTS OF ORAL RESPONSES BY THE DEPONENT TO WRITTEN QUESTIONS. |
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Term
| NOTICE OF INTENT TO TAKE DEPOSITION UPON WRITTEN REQUEST- |
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Definition
| A NOTICE SPELLING OUT THE DATE, TIME AND PLACE OF A PLANNED DEPOSITION UPON WRITTEN REQUESTS. THE NOTICE WILL ALSO INDICATE THE NAME AND ADDRESS OF THE INTENDED DEPONENT AS WELL AS THE IDENTITY OF THE OFFICER WHO WILL ATTEND THE DEPOSITION. A SUBPOENA MUST ACCOMPANY ANY SUCH NOTICE SERVED UPON A NONPARTY TO THE LAWSUIT. |
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Term
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Definition
| THE PROCESS OF SEARCHING METADATE FOR EVIDENCE. |
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Term
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Definition
| THE PROCESS OF CREATING THE FINAL FORM OF A DOCUMENT JUST BEFORE THAT DOCUMENT IS USED IN A FORMAL SETTING. |
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Term
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Definition
| A SET OF INTERROGATORIES MADE DURING DISCOVERY THAT IS SO COMPLEX AND DETAILED THAT IT WILL REQUIRE THE PARTY ANSWERING THE INTERROGATORIES TO SPEND EXCESSIVE TIME, EFFORT, AND EXPENSE,AND WHICH WILL RESULT IN A BURDEN ON THAT PARTY THAT FAR EXCEEDS ANY BENEFIT GAINED BY THE OPPOSING PARTY. |
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Term
| PHYSICAL OR MENTAL EXAMINATION- |
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Definition
| AN EXAMINATION THAT A PARTY TO A LAWSUIT MUST UNDERGO CONCERNING A PHYSICAL OR MENTAL CONDITION THAT IS AT ISSUE IN A PENDING LEGAL ACTION. |
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Term
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Definition
| AN EXAMINATION THAT A PARTY TO A LAWSUIT HAS BEEN ORDERED BYTHE COURT OT UNDERGO CONCERNING A PHYSICAL OR MENTAL CONDITION. |
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Term
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Definition
| A FORMAL NOTIFICATION OF INTENT, THE KNOWLEDGE OF A PARTICULAR SET OF FACTS, THE FORMAL ACQUISITION OF THE KNOWLEDGE OF A FACT OR SET OF FACTS. |
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Term
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Definition
| A LEGALLY ACCEPTABLE REASON FOR DOING SOMETHING OR FOR REFUSING TO DO SOMETHNG. |
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Term
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Definition
| IN THE CASE OF PHYSICAL OR MENTAL EXAMINATION, THE PREREQUISITE THAT THE CONDITION TO BE EXAMINED MUST BE AT ISSUE IN THE LAWSUIT. |
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Term
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Definition
| A REQUEST THAT A PARTY OR OTHER INDIVIDUAL INVOLVED IN A LAWSUIT PROVIDE SPECIFIC DOCUMENTS OR OTHER PHYSICAL EVIDENCE TO THE PARTY MAKING THE REQUEST FOR SUCH DOCUMENTS OR PHYSICAL EVIDENCE. |
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Term
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Definition
| AN ARTIFACT THAT CONTAINS WRITTEN MATTER, SUCH AS WORDS OR FIGURES, IN THE FORMA OF A MESSAGE OR RECORD. |
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Term
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Definition
| THE NUMBERING OF DOCUMENTS IN A LAWSUT USING A MACHINE. |
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Term
|
Definition
| A METHOD OF KEEPING TRACK OF DOCUMENTS IN A LAWSUIT BY CATEGORIZING THOSE DOCUMENTS BASED ON SOURCE AND FILE LOCATION. THE DOCUMENT PRODUCTION LOG SHOULD INDICATE WHETHER THE DOCUMENTS HAVE BEEN EXCLUDED AS PRIVILEGED. |
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Term
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Definition
| A METHOD OF KEEPING TRACK OF DOCUMENTS THAT ARE SHIELDED BY THE ATTORNEY-CLIENT PRIVLEGE, THE WORK PRODUCT PRIVELEGE, OR THE COMMON INTEREST PRIVELEGE. |
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Term
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Definition
| DOCUMENTS THAT MUST BE PRESENTED TO A PARTY IN ANSWER TO REQUEST FROM THAT PARTY FOR THE PRODUCTION OF THOSE DOCUMENTS. |
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Term
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Definition
| DOCUMENTS THAT NEED NOT BE PRESENTEDTO A PARTYIN ANSWER TO A REQUEST FROM THAT PARTY FOR THE PRODUCTION OF THOSE DOCUMENTS. |
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Term
|
Definition
| DOCUMENTS THAT ARE SHIELDED BY THE ATTORNEY CLIENT PRIVELGE, THE WORK PRODCE PRIVELEGE, OR THE COMMON INTEREST PRIVELEGE. |
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Term
|
Definition
| A PROCEDURE THAT INVOLVES REMOVING INFORMATION FROM A DOCUMENT BEFORE DUPLICATING THE DOCUMENT AND TURNING THE DUPLICATE OVER TO ANOTHER PARTY IN A LAWSUIT IN RESPONSE TO A REQUEST FOR PRODUCTION. |
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Term
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Definition
| A DISCOVERY TECHNIQUE THAT INVOLVES A REQUEST TO ENTER PROPERTY TO INSPECT THAT PROPERTY TO GAIN FACTS IN RELATION TO THE LAWSUIT. |
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Term
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Definition
| A PRINCIPLE THAT HOLDS THAT AN UNDENIED REQUEST FOR ADMISSION IS TREATED AS IF IT WERE ADMITTED. |
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Term
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Definition
| A STAEMENT OR OTHER PIECE OF EVIDENCE THA T HAS BEEN ADMITTED AND THAT CAN THEREFORE, BE INTRODUCED DURING THE TRIAL. |
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Term
|
Definition
| TO COME TO AN AGREEMENT ABOUT; DISPOSITION OF A LAWSUIT. |
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Term
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Definition
| A SUMMARY OF ALL ESSENTIAL INFORMATION OUTLINING THE BENEFITS OF SETTLING THE CASE AT AN EARLY STAGE IN LITIGATION. |
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Term
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Definition
| A DETAILED ACCOUNT OF THE INFORMATION NEEDED TO DETERMINE THE BENEFITR OF SETTLING THE CASE. |
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Term
|
Definition
| A SUMMARY OF FACTS DESIGNED TO GETR THE OTHER SIDE TO SETTLE THE CASE. |
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Term
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Definition
| MONEY THAT THE COURT ORDERS PAID TO A PERSON WHO HAS SUFFERED DAMAGES (A LOSS OR HARM) BY THE PERSON WHO CAUSED THE INJURY (THE VIOLATION OF THE PERSON’S RIGHTS). |
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Term
|
Definition
| A MEETING OF THE PARTIES TO DISCUSS SETTLEMENT OF THE CASE. |
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Term
|
Definition
| A CONTRACT BETWEEN TWO OR MORE PARTIES TO SETTLE THE CASE, IT INVOLVES THE VOLUNTARY, MUTUAL ASSENT OF THE PARTIESA ND THE GIVE AND TAKE ELEMENT OF CONSIDERATION. THE AGREEMENT MUST BE LEGAL AND MUST BE MADE BY PARTIES WITH THE CAPACITY TO CONTRACT. |
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Term
|
Definition
| THE REASON OR MAIN CAUSE FOR A PERSON TO MAKE A CONTRACT; SOMETHING OF VALUE RECEIVED OR PROMISED TO INDUCE (CONVINCE) A PERSON TO MAKE A DEAL. WITHOUT CONSIDERATION A CONTRACT IS NOT VALID. |
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Term
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Definition
| THE PARTIES AGREE THAT THE OUTCOME OF THE CASE WILL BE NO LESS THAN “X” DOLLARS (THE LOW) AND NO MORE THAN |
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Term
|
Definition
| A CONTRACT BETWEEN A CLAIMANT AND SETTLING TORTFEASOR BY WHICH THEY AGREE THAT ONE OF THEM WILL PROSECUTE THE CLAIM AGAINST ANOTHER TORTFEASOR. |
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Term
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Definition
| A PERSON WHO COMMITS A TORT (CIVIL WRONG) EITHER INTENTIONALLY OR THROUGH NEGLIGENCE. |
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Term
|
Definition
| A SECRET OR SEMISECRET AGREMENT BETWEEN THE CLAIMANT AND ONE OR MORE, BUT NOT ALL, THE TORTFEASORS. |
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Term
|
Definition
| THE RELINQUISHMENT OF SOME CLAIMS AND THE RETENTION OF OTHERS BY A PARTY. |
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Term
|
Definition
| AN AGREEMENT BY WHICH EACHPARTY RELINQUESHES IT’S CLAIMS AGAINT THE OTHER. |
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Term
| DISMISSED WITH PREJUDICE- |
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Definition
| A COURT ORDER OR JUDGEMENT THAT ENDS A LAWSUIT. NO FURTHER LAWSUIT MAY BE BROUGHTBY THE SAME PERSONS ON THE SAME SUBJECT. |
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Term
| DISMISSAL WITHOUT PREJUDICE- |
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Definition
| A COURT ORDER OR JUDGMENT THAT ENDS A LAWSUIT. A FURTHER LAWSUIT MAY BE BROUGHT BY THE SAME PERSONS ON THE SAME SUBJECT. |
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Term
|
Definition
| A SETTLEMENT OF A LAWSUIT OR PROSECUTION ION WHICH A PERSON OR COMPANY AGREES TO TAKE CERTAIN ACTIONS WITHOUT ADMITTING FAULT OR GUILT FOR THE SITUATION CAUSING THE LAWSUIT. |
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Term
|
Definition
| A STATEMENT OF FACTS AND LEGAL ARGUMENT FOR YOUR CASE. |
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Term
|
Definition
| EACH SIDE PRESENTS ITS EVIDENCE TO THE ARBITRATOR, EACH PARTY INFORMS THE ARBITRATOR WHAT ONE NUMBER IT BELIEVES THE AWARD SHOULD BE, AND THE ARBITRATOR MUST CHOOSE ONE OF THOSE PROPOSED AWARDS, BASED ON THE EVIDENCE HEARD. |
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Term
| NIGHT BASEBALL ARBITRATION- |
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Definition
| THE PARTIES SUBMIT THEIR PROPOSALS IN CONFIDENCETO THE ARBITRATOR AFTER EVIDENCE IS PRESENTED, THE ARBITRATOR THEN ASSIGNS A VALUE TO THE CASE, AND THE PARTIES AGREE TO ACCEPT THE HIGH OT LOW FIGURES CLOSEST TO THE ARBITRATOR’S VALUE. |
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Term
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Definition
| THE DISPUTE IS MEDIATED FIRST, AND IF THE DISPUTE IS NOT SETTLED, THE PARTIES THEN MOVE INTO THE ARBITRATION PHASE, WHICH WOULD GENERALLY BE BINDING. |
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Term
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Definition
| AN ARBITRATOR OS ALLOWED TO ACT AS A MEDIAOR AFTER HEARING THE ARBITRATION. |
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Term
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Definition
| MEETING BETWEEN THE PRESIDING JUDGE AND ATTORNEYS TO FACILITATE BOTH THE PREPARATION FOR AND MANAGEMENT OF A TRIAL. THERE MAY BE TWO SUCH CONFERENCES, ONE SEVERAL WEEKS BEFORE THE TRIAL AND THE FINAL PRETRIAL CONFERENCE IMMEDIATELY BEFORE TRIAL. |
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Term
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Definition
| ONE OF THE FIRST MOTIONS FILED BEFORE OR AT THE BEGINGING OF TRIAL, FREQUENTLY USED TO PREVENT OPPOSING COUNSEL FROM INTRODUCING CERTAIN EVIDENCE AT TRIAL. |
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Term
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Definition
| A BINDER THAT CONTAINS, IN COMPLETE OR SUMMARY FORM, EVERYTHING NECESSARY TO PROSECUTE OR DEFEND A CASE. |
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Term
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Definition
| A LIST OF AN EXPERT’S CREDITIALS, INCLUDING EACH EDUCATIONAL AND PROFESSIONAL CREDITIAL, AND A SUMMARY OF PUBLICATIONS AND RESEARCH PROJECTS. |
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Term
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Definition
| A LAW OR PRIOR CASE THAT DIRECTLY APPLIES TO THE FACTS OF THE PRESENT CASE. |
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Term
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Definition
| DIRECTIONS GIVEN TO THE JURY EXPLAINING THE LAW THAT APPLIES IN THE CASE AND SPELLINGOUT WHAT MUST BE PROVIDED AND BY WHOM. THESE INSTRUCTIONS ARE GIVEN JUST BEFORE THE JURY IS SENT OUT TO DELIBERATE AND RETURN A VERDICT. |
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Term
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Definition
| THE PRELIMINARY IN COURT QUESTIONING OF A PROSPECTIVE WITNESS TO DETERMINE COMPETENCY TO DECIDE A CASE. |
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Term
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Definition
| A DOCUMENT PREPARED BY A LAWYER TO USE AT TRIAL, IT USUALLY CONTAINS LIST OF WITNESSES, EVIDENCE, AND CITATIONS AS WELL AS ARGUMENTS TO BE PRESENTED. |
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Term
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Definition
| VERIFYING THE ACCURACY AND PROPER FORM OF ALL THE CITATIONS IN A DOCUMENT. |
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Term
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Definition
| A PRACTICE TRIAL PRIOR TO THE DATE OF THE ACTUAL TRIAL, INTENDED TO REVEAL THE STRENGTH AND WEAKNESSES OF A PARTY’S CASE. |
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Term
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Definition
| A GROUP OF INDEPENDANT INDIVIDUALS CHOSEN TO REFLECT THE PROBALBE MAKEUP OF THE ACTUAL JURY. |
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Term
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Definition
| A GROUP OF PERSONS SELECTED TO BE SIMILAR TO THE REAL JURORS PAID BY ONE SIDE IN A LAWSUIT TO OBSERVE THE TRIAL AND GIVE THEIR REACTIONS. |
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Term
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Definition
| THE AUTOMATIC ELIMINATION OF A POTENTIAL JUROR BY ONE SIDE BEFORE TRIAL WITHOUT NEEDING TO STATE THE REASON FOR THE ELIMINATION. EACH SIDE HAS THE RIGHT TO A CERTAIN NUMBER OF PEREMPTORY CHALLENGES. |
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Term
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Definition
| THE INTRODUCTORY STATEMENTS MADE AT THE START OF TRIALBY LAWYERS FOR EACH SIDE. THE LAWYERS TYPICALLY EXPLAIN THE VERSION OF THE FACTS BEST SUPPORTING THEIR SIDE OF THE CASE, HOW THESE FACTS WILL BE PROVED, AND HOW THEY THINK THE LAW APPLIES TO THE CASE. |
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Term
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Definition
| AN AGREEMENT BETWEEN THE PARTIES IN A LAWSUIT THAT CERTAIN FACTS ARE NOT IN DISPUTE. |
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Term
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Definition
| FORMAL CONTRIDICTION OF STATEMENTS MADE BY AN ADVERSARY. |
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Term
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Definition
| A VERDICT IN WHICH THE JURY MUST SIMPLY DECIDE IN FAVOR OF THE PLAINTIFF, BY SPECIFYING AN AMOUNT OF MONEY DAMAGES, OR DECIDE IN FAVOR OF THE DEFENDANT. |
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Term
| GENERAL VERDICT WITH INTERROGATORIES- |
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Definition
| REWQUIRES THAT THE JURY FIND FOR THE PALINTIFF OR THE DEFENDANT, AND REQUIRES THAT THE JUR MEMBERS ANSWER SPECIFIC FACT QUESTIONS. |
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Term
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Definition
| THE JURY ANSWERS SPECIFIC QUESTIONS ABOUT THE CASE, AND THE COURT THEN APPLIES THE LAW TO THE FACTS FOUND BY THE JURYTO DETERMINE WHICH PARTYIS ENTITLED TO THE JUDGMENT. |
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Term
| MOTION FOR JUDGMENT AS A MATTER OF LAW- |
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Definition
| IN A JURY TRIAL, A REQUEST FROM ONE PARTY THAT THE JUDGE DECIDE THE CASE IN THAT PARTY’S FAVOR ON THE BASIS THAT NO FACTS HAVE BEEN PROVED THAT WOULD SUPPORT A JURY’S DECISION FOR THE OTHER PARTY. |
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Term
| MOTION FOR INVOLUNTARY DISMISSAL- |
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Definition
| A MOTION REQUESTING DISMISSAL OF A LAWSIT BYTHE COURT, EITHER PRIOR TO UDGMENT OR BY VIRTUE OF A JUDGMENT AGAINST THE PALINTIDD BASED ON THE VERDICT OF THE JURY OR THE DECISION OF THE COURT AFTER TRIAL. |
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Term
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Definition
| A REQUEST THAT IMMATERIAL STATEMENTS OR OTHER THINGS BE REMOVED FROM AN OPPONENT’S PLEADING. |
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Term
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Definition
| A MOTION ASKING THAT THE JUDGMENT TERMINATE A TRIAL PRIOR TO ITS CONCLUSION BECAUSE THE JURY IS UNABLE TO REACH A VERDICT, BECAUSE OF PREJUDICIAL ERROR THAT CANNOT BE CORRECTED OR ELIMINATED BY ANY ACTION THE COURT MIGHT TAKE, OR BECAUSE OF THE OCCURRENCE OF SOME EVENT THAT WOULD MAKE IT POINTLESS TO CONTINUE. |
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Term
| RENEWED MOTION FOR JUDGMENT AS A MATTER OF LAW- |
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Definition
| ASKS THE DISTRICT COURT TO DISREGARD THE JURY FINDINGS AND ENTER JUDGMENT FOR THE MOVANT IN SPITE OF THE JURY’S VERDICT FOR THE NONMOVANT. |
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Term
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Definition
| A MOTION ASKING THE TRIAL COURT TO ORDER A NEW TRIAL WHEN PREJUDICIAL ERROR HAS OCCURRED OR WHEN, FOR ANY REASON, A FAIR TRIAL WAS PREVENTED. |
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Term
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Definition
| ASKING A HIGHER COURT TO REVIEW THE ACTIONS OF A LOWER COURT IN ORDER TO CORRECT MISTAKES OR INJUSTICES. |
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Term
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Definition
| THE PERSON WHO APPEALS A CASE TO A HIGHER COURT. |
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Term
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Definition
| THE PERSON AGAINST WHOM AN APPEAL IS TAKEN. |
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Term
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Definition
| APPEAL- AN APPEAL BY THE APPELLEE. |
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Term
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Definition
| A PERSON REPRESENTING HIMSELF AS A DEFENDANT/PLAINTIFF WITHOUT A LAWYER IN A COURT PROCEEDING AND WHETHER THE MATTER IS CIVIL OR CRIMINAL. |
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Term
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Definition
| A DOCUMENT FILED WITH THE APPELLATE COURT AND SERVED ON THE OPPOSING PARTY, GIVING NOTICE OF AN INTENTION TO APPEAL. |
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Term
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Definition
| A BOND PUT UP BY A PERSON WHO APPEALS A JUDGMENT. SUPERSEDEAS IS A JUDGE’S ODER THAT TEMPORARILY HOLD’S UP ANOTHER COURT’S PROCEEDINGS OR MORE OFTEN TEMPORARILY STAYS A LOWER COURTS JEDGMENT. THE BOND DELAYS THE PERSONS OBLIGATIONTO PAY THE JUDGMENT UNTIL THE APPEAL IS LOST. |
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Term
| MOTION FOR ENLARGEMENT OF TIME- |
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Definition
| A MOTION REQUESTING ADDITIONAL TIME FOR AN APPEAL, INCLUSING THE REASONS THA THE ADDITIONAL TIME IS NEEDED AND THE NUMBER OF ADDITIONAL DAYS REQUIRED. |
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Term
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Definition
| A PERSON ALLOWED TO GIVE ARGUMENT OR APPEAR IN A LAWSUIT USUSALLHY TO FILE A BRIEF, BUT SOMETIMES TO TAKE AN ACTIVE PART WHO IS NOT A PARTY TO THE LAWSUIT. |
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Term
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Definition
| BRIEF OF THE PERSON BRINGING AN APPEAL. |
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Term
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Definition
| BRIEF OF THE PERSON WHO OPPOSES AN APPEAL. |
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Term
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Definition
| THE PRESENTATION OF EACH SIDE OF A CASE BEFORE AN APPEALS COURT. THE PRESENTATION TYPICALLY INVOLVES ORAL STATEMENT BY A LAWYER, INTERRUPTED BY QUESTIONS FROM THE JUDGE. |
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Term
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Definition
| A REQEST FOR A NEW HEARING TO RECONSIDER AN ACTION THAT MAY HAVE BEEN WRONGFULLY TAKEN OR OVERLOOKED IN A PREVIOUS HEARING. |
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Term
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Definition
| A REQUEST TO A HIGHER COURT FRO REVIEW BUT WHICH THE HIGHER COURT IS NOT REQUIRED TO TAKE FOR DECISION. CERTIORARI IS A WRIT FROM THE HIGHER COURT ASKING THE LOWER COURT FOR THE RECORD OF THE CASE. |
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Term
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Definition
| A PERSON WHO HAS PROVED A DEBT IN COURT AND IS ENTITLED TO USE COURT PROCESSES TO COLLECT IT. |
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Term
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Definition
| A PERSON WHO HAS YET TO SATISFY A JUDGMENT THAT HAS BEEN RENDERED AGAINST HIM OR HER. |
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Term
| POST JUDGMENT INTERROGATORIES- |
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Definition
| WRITTEN QUESTIONS THAT THE JUDGMENT DEBTORS MUST ANSWER IN WRITING ABOUT HIS OR HER ASSESTS. |
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Term
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Definition
| A DEPOSITION THAT CAN BE TAKEN AFTER JUDGMENT WITH ONLY A DICTATING MACHINE OR A TAPE RECORDER, WITH NO COURT REPORTER PRESENT. |
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Term
| NOTICE OF INTENT TO TAKE ORAL DEPOSITION BY NONSTENOGRAPHIC MEANS- |
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Definition
| A NOTICE SENT TO OPPOSING COUNSEL OF INTENT TO TAKE A DEPOSTION AFTER THE JUDGMENT BY USE OF ONLY A DICTATING MACHINE OR A TAPE RECORER, WITH NO COURT REPORTER PRESENT. |
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Term
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Definition
| A DOCUMENT THAT ORDERS A COURT OFFICIAL TO TAKE A DEBTORS PROPERTY TO PAY A COURT DECIDED DEBT. EXECUTION IS THE OFFICIAL CARRYING OUT OR COMPLETION OF A COURTS ORDER OR JUDGMENT. |
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Term
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Definition
| A SEPARATE, BUT ANCILLARY, LAWSUIT, FILED IN THE COURT THAT RENDERED THE JUDGMENT, TO PERMIT THE JUDGMENT CREDITOR TO COLLECT ON THE JUDGMENT. |
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Term
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Definition
| A LEGAL PROCESS, TAKEN BY THE CREDITOR WHO HAS RECEIVED A MONEY JUDGMENT AGAINST A DEBTOR, TO GET THE DEBTOR’S MONEY. THIS IS DONE BY ATTACHMENT OF A BANK ACCOUNT OR BY TAKING A PERCENTAGE OF THE DEBTOR’S REGULAR INCOME. |
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Term
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Definition
| A PERSON WHO HOLDS MONEY OR PROPERTY BELONGING TO A DEBTOR AND WHO IS SUBJECT TO A GARNISHMENT. |
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