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| court awarded judgement based on the defendant's failure to answer the summons and complaint or to appear at the trial to contest the claim of the plaintiff |
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| a legal action where only one side of the dispute is heard |
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| formal comencement of a criminal case by specified public official such as a district attorney or by a grand jury |
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| an accusation of criminal offense issued following a preliminary hearing |
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| an appointed body of citizens formed both to investigate the operations of government and to issue indictments against persons suspected of criminal conduct |
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| an accusation of felony filed by a grand jury |
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| alternative dispute resolution |
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| any of various methods of resolving disputes through means other than the judicial process |
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| questioning of a witness or adverse party to an action, under oath, by the opposing attorney before the trial |
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| a form of discovery consisting of written questions directed to a party or witness who is expected to reply with written answer under oath. |
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| to discredit, dispute, disparage, or contradict a witness's testimony |
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| requests to a judge by counsel to compel the opposing party to provide specified evidence to the court |
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| an order directing a person to appear at a certain time and place for the purpose of giving testimony as a witness |
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| a judicial order to bring specified documents or physical evidence to court |
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| privilege against self-incrimination |
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| the right of any person, includig one accused of a crime, to remain silent when what might be said could indicate criminal guilt |
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| motion for summary judgement |
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Definition
| request to a judge by counsel to award judgement because there are no significant question of fact in the lawsuit |
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| pretrial hearing or conference |
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Definition
| hearing occuring before a trial |
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| a binding agreement in which an accused agrees to plead guilty if the court agrees to a specific charge and punishment in advance |
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| circumstances or matters surrounding and invovled in a case that is being tried by a court |
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| jury or judge acting as the finder of issues of fact |
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| principles and rules of human conduct determined by the judge to be applicable in a case being tried by a court |
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| the power of a jury in criminal trial to disregard the law and unanimously find the defendant innocent, although there in ample evidence to support a verdict of guilty |
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| process of questioning prospective jurors to ascertain whether they have any bias that would make difficult or unlikely their impartiality in determining questions of fact during a trial |
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| ability to exclude a prospective trial juror if bias or prejudice is indicated |
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| ability to exclude a prospective juror for any reason other than race or gender |
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| an equitable remedy allowing a buyer to get possession and title to real property and to goods that are unique the seller refuses to deliver under a valid sales contract |
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| an equitable remedy that annuls a contract and returns the parties to the relationship they had before the contract was made |
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| an order of a court of equity to someone to do or not do some act |
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| general rules applied by court cases in equity |
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| willful definance of the authority of a court, afront to its dignity, or willful disobediance of its lawful orders |
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| the duty to produce evidence as a trial progresses |
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| preponderance of evidence |
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Definition
| standard of determining civil liability, that the weight of the evidence offered to prove a matter is more probable than not |
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Definition
| a second criminal prosecution against a person for the same single offense, after that person has been found innocent of the crime in the prior trial |
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| the case presented by each party in a trial |
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| anyone qualified by knowledge and skill, experience, training, or education to offer a credible and useful opinion upon some material issue in a trial |
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| term discribing facts legally suficient to establish a fact or a case unless disproced by some contrary evidence |
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| motion for a directed verdict |
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Definition
| request to a judge by counsel to enter a particular verdict instead of allowing the jury to do so because there are insufficient facts to allow any other verdict |
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Definition
| the review of the evidence presented to the court in oral argument at the close of the trial |
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| ryles of law and charges provided by the judge to the jury for guidance in reaching a verdict |
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| judgement non obstante veredicto |
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| a decision by a judge that overrules the verdict of the jury |
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| a person against whom a judgement for payment of money has been entered but who has not yet made or completed that payment |
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| a person who has won a judgement but has not been fully paid |
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| order of the court directing the shariff to confiscate property of the defendant |
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| a legal proceeding in which a plaintiff-creditor gets a court order compelling a third party to pay monies earned by the defendant to the plaintiff |
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| a judicially authorized inquiry as to the assets of a judgement debtor |
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| a confirmation of a lower court's judgement or order because the prior decision is deemed to be correct and free from prejudicial error |
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| appelate court sends case back to a lower court to take some furth action |
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| a person who serves a copy of the summons and complaint, or other legal document, upon a party of witness at the request of the opposing party to civil litigation |
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| a document containing a defendant's denials, admissions or allegations of fact in response to a complaint |
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| the complaint of the plaintiff and answer of the defendant in a lawsuit |
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| dumurrer or motion to dismiss |
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Definition
| a motion filed by a defendant in response to a summons and complaint alleging the complaint even if true, is insufficient to state a cause of action |
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Definition
| a formal request by counsel adressed to a court or other tribunal for a particular decision or act |
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| a statute that bars civil or criminal proceedings unless brought within a specified period of time after the act occured |
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| a document stating the facts constituting an alleged cause of action |
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| an existing right to seek and to receive judicial relief, assuming the factual allegations of the plaintiff are true |
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| a document issued by a clerk of the court inviting the defendant to respond to a complaint |
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| a procedural document whereby an apellate court exercises its discretionary power to accept jurisdiction of a pending case |
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| a basis of jurisdiction in federal courts requiring that plaintiff and defendant be involved in an actual controversy, that they be citizens of different states, and that a minimum of $75000 be sought in damages |
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| a new trial that takes place as if the first trial had not occured |
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| the power of a court to declare rights against the world rather than solely against the named defendants |
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| a state law authorizing a court to hear cases brought against nonresidents under specified circumstances |
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| the power of a court over a person |
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| motion for change of venue |
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Definition
| request to a judge by counsel to transfer the trial to a different geographic location within the jurisdiction of the court |
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Definition
| the local place, within the geographic boundaries of a larger jurisdiction, where a case in generally most appropriately tried |
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| subject matter jurisdiction |
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Definition
| the power of a court to hear and decide cases of the general type to which the subject in question belongs |
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| the power of more that one court to hear a case |
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| written arguments adressed to the appellate court |
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| a farce trial- one that lacks proper procedure and fairness and where the outcome is predetermined. |
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| principle that decisions should be made by the application of established laws without the intervention of individual discretion |
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