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Term
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| An amount of money paid to atone for injury or economic loss |
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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. A line of legal thinking that a series of courts follows even though it is not statutory in nature. In other words, no legislature has passed a law regarding the subject matter contained in the X |
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| joint and several liability |
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Definition
| When multiple defendants may be found liable as a group or separately |
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| 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 “X,” she works in a representative capacity on behalf of the client |
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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 X in front of the judge or the filing of a document (such as a complaint or motion) with the court on behalf of the client. |
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Definition
| The place of trial; the physical location. |
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Term
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Definition
| When a federal court hears a case based upon the fact that the parties are from different states, and that the amount of money claimed as damages exceeds a minimum set by federal statute, which is currently $75,000. / If the amount being sought is in excess of $75,000 the Bostonian can have the matter heard in federal court instead of the state courts in New York. The federal judges are considered to be of higher quality than state judges, and are not paid by the state, but by the federal government. One interesting aspect is that the federal court will then apply the laws of New York |
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| 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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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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Definition
| The pleading that initiates litigation. Filed by the plaintiff, the X contains the general allegations against the defendant. It is served with the summons. |
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| A legally valid reason to sue; one of the required elements of a complaint. / based on the law and the facts, the claim is sufficient to support a lawsuit |
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| A common legal phrase that qualifies a statement as being a fact only to the best knowledge of the person making the statement. Equivalent to saying, “This is what I believe happened.” |
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| The party against whom a complaint is filed. |
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Definition
| Element of a complaint that asks for damages; also called “wherefore clause” or “prayer for relief.” / This is the part of the complaint that tells the court what it is exactly that the party is asking the court to do |
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Definition
| A document filed with the court asking the court to take some specific legal action. It states a party’s position in a legal action. usually state specific legal positions about the matter before the court. The purpose is to narrow and focus the issues involved. |
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Definition
| A fact claimed by a party |
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Definition
| 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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| substitute service / registered agent or resident agent |
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Definition
| If a Defendant has a person or company that has been hired to accept X for him/her/it, that is called X. The person or company that accepts service is usually called X. Most companies have X. You can find the X for a company by contacting the Secretary of State's office. The company must list the X on its Articles of Incorporation |
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Term
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Definition
| A written statement of fact sworn to under oath |
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Definition
| One who signs an affidavit |
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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 / This is the legal power a court has to determine the outcome of a legal dispute |
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Term
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Definition
| Jurisdiction over a person / If either party lives in the authorized area of the court in question, that court could hear the case through X / the court where the defendant or plaintiff lived |
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Term
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Definition
| Jurisdiction over the controversy, often property / If the property exists, or the controversy occurred within the authorized area of the court / in the county where the accident occurred was able to hear the matter |
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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 / if the plaintiff was successful at trial and was awarded damages, the plaintiff could petition the court to take possession of the property under X / This kind of jurisdiction is usually invoked in order to help a party who has won a judgment obtain damages awarded by the court / jurisdiction over the property even though the property was not the original controversy / E.g. property is not under in personam or in rem jurisdiction |
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Term
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Definition
| the person who lost at trial |
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Term
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Definition
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Term
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Definition
| Attachment to the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation / a notice with the county that a property may be the subject of a lien if a pending litigation is successful. While this does not technically prevent the sale of property, anyone buying the property is on notice that it may be seized as a result of that 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 has been satisfied / a X may be attached to the title preventing its sale or transfer |
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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 / usually found in the Answer, but is considered a separate legal entity. While it is being referred to here as a pleading, it is different from other pleadings in that it could never be a separate, stand-alone document. But there is no where else to classify it, so consider it a pleading / the Defendant saying, "Nobody can be blamed / “act of nature” |
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Term
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Definition
| A claim by the defendant against the plaintiff / "The Plaintiff hurt me!" / a pleading presenting the defendant’s complaint against the plaintiff. |
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Term
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Definition
| A claim by one defendant against a co-defendant. One form of X occurs when one original defendant sues another original defendant, but third-party complaints are also X. "It wasn't my fault. It was someone else's fault!" |
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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 fashion |
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Term
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Definition
| A request that the court take a specific procedural step. are procedural in nature, and act as a request for an order. |
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Term
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Definition
| The process of asking a court of law to decide the outcome of a dispute; a lawsuit |
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Term
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Definition
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Term
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Definition
| The methods whereby one party obtains relevant information on a case from the other party. The method that attempts to even the playing field between parties by exposing all relevant facts upon which the court will ultimately base its decision. X is between the parties and does not directly involve the court. / The goal is to lay out all relevant facts before going to trial. also encourages settlement, because after all the facts have been laid out, the parties are more likely to know how they might fare at a trial. While pleadings are filed with the court, X documents are usually not filed. The X responses may be used as an exhibit later at trial, however |
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Term
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Definition
| Written questions to the opposing party that must be answered under penalty of perjury |
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Term
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Definition
| Written statements the opposing party must admit or deny under penalty of perjury. Failure to respond within a specified period of time (in most cases, 30 days) means that the statements are assumed to be admitted. |
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Term
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Definition
| A request that documents or other physical items be provided for inspection. |
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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 X. This is a form of discovery that may require court approval so that it cannot be used to intimidate |
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Term
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Definition
| Oral questions that must be answered under oath. take place out of court, most often in an attorney’s office, with a court reporter transcribing the testimony |
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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
| The right to refuse to testify or to prevent someone else from testifying |
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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. |
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Term
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Definition
| The party against whom the third-party complaint was filed |
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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
Also called a trial memorandum or points and authorities, this document is filed with the court to argue a legal issue, relying on law to support the party’s position. Often filed in support of a motion, it attempts to convince the reader and only argues points favorable to the client.
sets forth the facts, evidence, and legal arguments the party intends to present at trial. They are typically supported by citations to legal authority, such as statutes or case law, but may also cite authoritative writings, statistics, or other sources. |
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Term
| motion for summary judgment |
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Definition
| A pretrial motion asking the court to determine the outcome of the case based on the pleadings and motions rather than going to trial with a jury. The argument is that there are no material facts in dispute, only law, and since the jury is the trier-of-fact (as we will see later), there is no need for a jury or trial. |
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Term
| There are three motions that do basically the same thing: They ask the judge to decide the case instead of the jury. The difference between the three motions is when they occur |
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Definition
-Motion for Summary Judgment (Pretrial)
-Motion for Directed Verdict (Trial)
-Motion for Judgment NOV (Post Trial) |
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Term
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Definition
| A judicial officer who may preside over hearings, a X does not have all the powers of a judge. He or she ordinarily deals with procedural matters. |
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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. |
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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. / They mean that the parties do not have to call witnesses or present evidence as to those facts agreed upon. |
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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
| Evidence (from personal observation) that tends to establish a fact without the need for an inference. |
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Term
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Definition
| Evidence of one fact that requires an inference to establish another fact. |
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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 question prospective jurors. |
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Term
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Definition
| A method of dismissing a juror for good cause shown. X are unlimited in number. |
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Term
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Definition
| A method of dismissing a juror for which no reason need be given. |
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Term
| burden of proof in a civil trial |
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Definition
| preponderance of the evidence |
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Term
| burden of proof in a criminal trial |
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Definition
| beyond a reasonable doubt |
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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 civil cases at the judge’s 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. |
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Term
| subpoena duces tecum (dukis teekum) |
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Definition
| A document issued under authority of the court to compel the appearance of a witness, and ordering the witness to provide specific documents. |
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Term
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Definition
| A formal challenge by opposing counsel to evidence or questions asked of a witness. |
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Term
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Definition
| The tendency to cause bias even where no bias has existed previously |
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Term
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Definition
| The value of pursuing an investigative or probing line of questioning. informative value |
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Term
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Definition
| An attorney making statements, or repeating a previously overruled motion, to protect any right to appeal at a later point. |
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Term
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Definition
| The event or point at which a series of incidents begins ultimately resulting in an event with damages. / Where X lies, there lies liability |
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Term
| Doctrine of Last Clear Chance |
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Definition
| This doctrine holds that the person who had the last clear opportunity to avoid the damages is the most liable |
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Term
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Definition
| Establishment of a duty, followed by a breach of that duty, resulting in damages / the failure to use reasonable care. A person is X if he fails to act as an ordinarily prudent person would act under the circumstances |
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Term
| to strike from the record |
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Definition
| To have certain testimony removed from the record of the trial |
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Term
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Definition
| A physical item presented to support an argument |
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Term
| motion for directed verdict |
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Definition
| The court is asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case. / similar to a Motion for Summary Judgment, but it occurs during the trial. In essence, however, they do the same thing. They ask the judge to decide the case without consulting the jury |
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Term
| prima facie case (prime-uh faysh-uh) |
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Definition
| A case that is sufficient on its face. This means that, if all facts alleged by the plaintiff are eventually proved true at trial, the plaintiff deserves to be awarded damages / No gaps. If the facts being alleged are eventually proven at trial those facts would contain no gaps in the claim being alleged and the Plaintiff would deserve to be awarded damages / evidence before trial which is sufficient to prove the case unless there is substantial contradictory evidence shown at trial |
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Term
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Definition
| The court delays a ruling on a motion so that the motion may be considered |
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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 prior to deliberations |
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Term
| motion for judgment NOV (notwithstanding the verdict) |
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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. |
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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 criminal cases, the judge cannot overturn a jury’s finding of not guilty, but the court may overturn a guilty verdict in the interest of justice. |
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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
| appeal as a matter of right |
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Definition
| A party who loses in the trial court has the right to have his or her case heard by the next highest appellate level court in civil court. |
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Term
| Petition for a Writ of Certiorari |
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Definition
| The vehicle by which the case is taken from the court of appeals (state or federal) to the supreme court (state or federal). Also, the means by which a case is taken from a state supreme court to the U.S. Supreme Court. / the document which requests the second appeal |
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Term
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Definition
| Written notification in motion form that a party intends to appeal. Most court rules require that the motion be filed with the trial court, the appellate court, and sent to any other parties involved in the action. |
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Term
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Definition
| A sum of 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 that has been decided on its merits may not be re-litigated. / This is the civil equivalent of double jeopardy. A party who has been sued and won at trial may not be sued again over the same legal matter |
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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
| A written argument by a party covering the issues, called “points of error,” on appeal. The brief by the appellant is usually referred to as the “appellate brief.” The brief filed by the respondent is usually referred to as the “response brief.” |
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Term
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Definition
| The questions that are the basis for the appeal. Also called “issues on appeal,” these questions point to potential errors of the trial 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, a panel is made up of three judges. |
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Term
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Definition
| If the appellate level court thinks the matter is of importance, or is a new area of law, the entire court will hear the case |
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Term
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Definition
| The strongest form of opinion. When more than fifty percent of the court agrees on a decision. A majority opinion is law until it is 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
| Opinion that disagrees with the majority opinion. |
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Term
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Definition
| To make a formal request to the court. / asking the court to take some action |
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Term
| Writ of certiorari (sersh-or-are-ee) |
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Definition
| an order a higher court issues in order to review the decision and proceedings in a lower court and determine whether there were any irregularities. |
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Term
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Definition
| This is an appeal during or before the trial. While a regular appeal asks the court to review the final decision of the court, an X asks the court to rule on a single procedural issue, usually a ruling by the trial court regarding the admission of evidence. The party wanting to engage in an X must ask the trial court's permission to do so. |
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Term
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Definition
| When an attorney asks questions of a witness aimed at discrediting that witness's earlier given testimony. / If an attorney calls a witness, and the judge declares the witness hostile, it means that the attorney may discredit the witness, and may also ask leading questions on direct examination |
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Term
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Definition
A motion filed by a party to a legal proceeding asking the court for an order limiting the other party from presenting certain evidence. A motion X is usually made before a trial begins. It is a request to the court to prohibit the other side from presenting, or referring to an evidence which is highly prejudicial, irrelevant, or inadmissible
This is a motion requesting that information which might be prejudicial not be allowed to be heard in a case. It is not arguing that the evidence is irrelevant, but that its relevance is outweighed by its prejudicial effect |
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Term
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Definition
| The principle that courts cannot decide abstract issues or render advisory opinions, rather, they are limited to deciding cases that involve litigants who are personally affected by the courts decision. |
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Term
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Definition
| When the defendant does not have sufficient money or other assets to pay the judgment |
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Term
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Definition
| A person appointed by the court to manage the affairs or property of a person who is incompetent due to age or some other reason |
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Term
| subject matter jurisdiction |
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Definition
| The power of the court to hear a particular type of case |
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Term
| exhaustion of administrative remedies |
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Definition
| The requirement that relief be sought from an administrative agency before proceeding to court |
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Term
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Definition
- Complaint
- Answer
- Affirmative Defense
- Counterclaim
- Cross Claim (Third Party Complaint)
- Reply |
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Term
| pleading in the alternative |
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Definition
| Including more than one count in a complaint. The counts do not need to be consistent |
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Term
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Definition
| An order from a judicial officer or the court authorizing an arrest or a search or seizure of property |
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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
| initial appearance/hearing (AKA arraignment in CA) |
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Definition
| The first court appearance by a defendant to a criminal charge, during which the court (1) informs him or her of the charges, (2) decides whether bail is appropriate, and (3) sets the date for the next court proceeding. (In CA, defendant MAY enter a plea) |
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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 that he or she will appear in court at designated times |
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Term
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Definition
| An attorney who is ordered to represent a defendant, usually because the defendant cannot afford an attorney |
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Term
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Definition
| The decision of the prosecutor not to prosecute, even though he or she believes that there is sufficient evidence to do so. typically used when the prosecutor thinks the Defendant has suffered enough |
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Term
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Definition
| To declare a defendant’s position in a criminal trial, usually either “guilty” or “not guilty.” |
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Term
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Definition
| A defendant in a criminal case agrees to plead guilty, usually to a lesser charge, in return for a reduced sentence |
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Term
| nolo contendere (or no contest) |
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Definition
| When a defendant decides not to contest the charges, but does not admit guilt. The defendant may be sentenced as though he had pleaded guilty. |
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Term
| Burden of Proof in criminal cases |
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Definition
| Beyond a reasonable doubt |
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Term
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Definition
A hearing requiring the State to produce sufficient evidence to establish that there is probable cause to believe that a crime has been committed by the defendant
(In CA if judge agrees, prosecution will file "the Information")
(In CA, alternative is grand jury indictment)
After initial appearance, before arraignment, same time as grand jury indictment |
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Term
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Definition
| A reasonable basis to believe (based on specific facts) that a crime has been committed. / To get a search warrant, police must establish X. To file charges, the prosecutor must have X. It is the standard for going forward with any criminal legal action. It means there is a valid and at least reasonable suspicion that a criminal act has been committed |
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Term
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Definition
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Term
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Definition
| An investigatory panel that determines whether probable cause exists to return an indictment. / The reason a X is used by the prosecutor is often because the prosecutor (such as a District Attorney or United States Attorney) has no subpoena power. So if the case is being investigated, and the prosecutor needs to subpoena persons or documents, a X is often used |
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Term
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Definition
| A formal charge by a grand jury alleging a criminal act |
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Term
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Definition
Formal hearing in court where the defendant is (1) informed of charges being brought and (2) generally pleads guilty, not guilty, or nolo contendere
(In CA, this is the 2nd X, which follows the preliminary hearing in felony cases) |
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Term
| beyond a reasonable doubt |
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Definition
| The degree of proof required in a criminal prosecution usually requiring unanimous agreement of the jury. The jury may have some doubt and still find the person guilty, but the doubt cannot be reasonable. If the doubt is reasonable, the verdict must be not guilty. |
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Term
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Definition
| To find a defendant not guilty. |
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Term
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Definition
| A judgment against your client |
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Term
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Definition
| In a criminal case, the state cannot retry a defendant on the same charges once a not-guilty verdict is rendered by a judge or jury. / The criminal equivalent of res judicata. |
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Term
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Definition
| For evidence to maintain its integrity, there must be chronological documentation of each person having possession of the evidence (X) from the point of collection (or seizure) until admission at trial, including how it has been controlled, transferred, analyzed, or otherwise handled. Applies to physical and electronic evidence and may be relevant in civil or criminal cases. |
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Term
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Definition
| Article IV, Section 1 of the U.S. Constitution establishes that individual states within the United States must respect the “public acts, records, and judicial proceedings of every other state.” In short, any state must give “X” to the laws and judgments of other states. |
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Term
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Definition
| A prior case (usually a written court opinion) that a subsequent court may rely upon when deciding a matter with similar facts and/or issues |
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Term
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Definition
| The principle that a court should follow previous court decisions unless there exists a compelling reason not to. Related to the concept of precedence. Means “let the decision stand. |
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Term
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Definition
| Legal principle that the government must safeguard the legal rights owed to a person according to the law, including notice of proceedings and a chance to be heard prior to the loss of life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable. |
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Term
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Definition
To provide, or to gain, knowledge of legally relevant information. X is a critical concept applicable in almost every area of law. For instance, a defendant in any legal action, whether civil, criminal, or administrative, has a right to be “Xed” as to that matter. In civil law, having “X” of certain facts can indicate or increase a person’s liability (such as when a person is aware of a dangerous condition on his or her property).
The formal notification about a legal proceeding initiated against a party. The purpose of issuing a X is to make a party aware about the legal process that would affect his/her rights, obligations, and duties. |
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Term
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Definition
| Administrative agencies settle disputes through X. E.g. Tax disputes, social security matters, and immigration issues. |
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Term
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Definition
| A request that a higher court review what a lower court decided. |
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Term
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Definition
| A court's power to hear any type of case arising within its geographical area |
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Term
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Definition
| A court's power to hear only specialized cases |
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Term
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Definition
| When only one court has the power to hear a case |
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Term
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Definition
| When more than one court has jurisdiction to hear a case. State courts generally have the power to hear any type of case. The only time state courts are prohibited from hearing cases involving federal law is when Congress has expressly included that limitation in a federal statute |
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Term
| federal question jurisdiction |
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Definition
| The power of federal courts to hear matters of federal law |
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Term
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Definition
| The attorney is responsible for the paralegal's conduct under this doctrine |
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