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Legal terminology
terminology
24
Law
Undergraduate 1
02/24/2016

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Term
estate
Definition
All the property left by someone who has died
Term
civil law
Definition
A violation of civil law does not harm the community; the person harmed sues the violator
Term
court
Definition
the tribunal or forum where the trials occur, as well as the judge himself. The judge is the trier of the law at the trial
Term
liable
Definition
legally responsible
Term
damages
Definition
an amount of money paid to atone for injury or econmical loss
Term
doctrine
Definition
A legal concept generally accepted by most courts which, although often not law, offers guidance tot he court. Legislatures will sometimes codify, or make into law, a popular doctrine
Term
joint and several liability
Definition
when multiple defendents my be found liable as a group (jointly) or seperately (several)
Term
retainer
Definition
Money paid to an attorney to secure her services; also refers to the contract between the attorney and the client. When an attorney has been retained, she works in a representative capacity on behalf of the client
Term
appearance
Definition
When an attorney acts on behalf of the client in court. This action may be either personal appearance in front of the judge or the filing of a document (such as complaint or motion) with the court on behalf of the client.
Term
attorney-of-record
Definition
Once an attorney has entered an appearance, he or she is the attorney-of-record
Term
venue
Definition
The place of trial; the physical location
Term
diversity of citizenship
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 ferderal statue, which is currently 75,000
Term
Plantiff
Definition
The party who initiates action by filing a complaint, claiming injury or harm
Term
statue of limitations
Definition
The time limit for filing suit. Suits filed after the time limit has ran out will be dismissed. The clock generally starts to tick at the time the damages accured
Term
summons
Definition
Document that informs the defendant that he is being sued and that he has a specific amount of time to respond
Term
complaint
Definition
The pleading that initiates litigation. Filed by the plaintiff, the complaint contains the general allegations against the defendant. It is served with the summons
Term
parties
Definition
Individuals or groups involved in a legal action
Term
cause of action
Definition
A legally valid reason to sue; one of the required elements of a complaint
Term
information and belief
Definition
A common legal phrase that qualifies a statement as being a fact only to the best knowledgeof the person making the statement. Equivalent tosaying, "This is what I beieve happened."
Term
defendant
Definition
The party against whom a complaint is filed
Term
ad damnum clause
Definition
Element of a complaint that ask for damamges; also called "wherefore clause" or "prayer for relief."
Term
co-defendants
Definition
Multiple defendants in a legal action
Term
pleading
Definition
A document filed with the court asking the court to take some specific legal action. A motion ask the court to rule on a procedural matter. A pleading states the party's position in a legal action.
Term
allegation
Definition

A fact claimed by a party. 

 

Spoken, not yet proved

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