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| All the property left by someone who has died. |
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| A violation of civil law does not directly harm the community; the person harmed sues the violator. |
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| The tribunal or forum where the trial occurs, as well as the judge himself. The judge is the trier of law at the trial. |
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| A legal concept generally accepted by most courts which, although often not law, offers guidance to the court. Legislatures will sometimes codify, or make into law, a popular doctrine. |
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| Joint & Several Liability |
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| When multiple defendants may be found liable as a group (jointly) or separately (several). |
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| Once an attorney has entered an appearance, he or she is the attorney-of-record in the case. |
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| 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 exceed a minimum set by the federal statue, which is currently $75,000. |
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| A 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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| The pleading that initiates litigation. Filed by the plaintiff, the complaint contains the general allegations against the defendant. It is served with the summons. |
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| A legally valid reason to sue; one of the required elements of a complaint. |
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| Element of a complaint that asks for damages; also called the "wherefore clause" or "prayer for relief." |
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| A document filed with the court asking the court to take some specific legal action. A motion asks the court to rule on a procedural matter. A pleading states a party's position in a legal action. |
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| A document is filed when it is presented to the clerk of the court. All documents and any copies are date stamped by the clerk of the court at the time of filing. |
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| The presentation of legal papers |
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| Processs is the _____ & _____. Service of process is the ___ of the ____ & ____ upon the defendant in a court action. |
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Process in the summons and complaint.
Service of process is the DELIVERY of the summons and complaint upon the defendant. |
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| One who signs an affidavit. |
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| Authority of a court to hear and decide a case. |
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| Jurisdiction over a person. (pg 59) |
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| Jurisdiction over the controversy, often property. |
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| Quasi in Rem Jurisdiction |
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| Jurisdiction over property, even though the property is not the controversy. |
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| Attachment to the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation. |
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| Attachment to the title of a piece of property notifying any potential purchasers that the title is subject to the outcome of litigation. |
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| Laws that govern the procedures of trials. |
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| The pleading filed by the defendant in response to the allegations contained in the complaint. |
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| An admission that a specific act did occur, arguing that the fault lies not with the defendant. Intended to eliminate or reduce a plaintiff's damages. |
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| A claim by one defendant against a co-defendant. One form of cross claim occurs when one original defendant sues another original defendant, but the third-party complaints are also cross claims. (pg. 61) |
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| Pleading where a defendant sues someone not yet a party to the action. |
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| This pleading is the plaintiff's response to a defendant's counterclaim. |
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| A judgement 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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| A request that the court take a specific procedural step. Pleadings usually state specific legal positions about the matter before the court, while motions (such as a motion to extend time to respond) are procedural in nature, and act as a request for an order. |
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| Methods whereby one party obtains relevant information on a case from the other party. Between parties and doesn't directly involve the court but often filed via Certificate of Mailing. |
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1) Interrogatories
-Written questions to the opposing party that must be answered under penalty of perjury.
2)Request for Admission
-Written statements the opposing party must admit or deny under penalty of perjury,failure to respond means that the statements are assumed to be admitted.
3)Request for Production
A request that documents or other physical items be provided for inspection.(Inspection of documents or Property)
4. Request for Mental or Physical Examination
5. Depositions |
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| Certificate of Mailing or Certificate of Service |
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| when a document is filed with the court or when the discovery is sent to a party, this is usually attached. |
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| The right to refuse to testify or to prevent someone else from testifying. |
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| A hearing at which only one party is present, such as hearing on a motion for a restraining order. Ex parte hearings are not common! |
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| third-party hearing defendant |
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| The party against whom the third-party complaint was filed. The defendant in the original complaint becomes the "third-party plaintiff" |
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| 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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| dismissal w/out prejudice |
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| A case is dismissed but may be filed again, because the court has not made up its mind about the matter (i.e. "dismissed without prejudice to re-file"). |
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| 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 in favorable to the client |
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| Motion for summary judgement |
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| A pretrial motion asking for the court to determine the outcome of the case based on the pleadings and motions rather than going to trial with a jury. Argument is that there are no material facts in dispute, only law, and since the jury is the trier-of-fact there is no need for a jury or trial. May also refer to motion to limit issues that will be dealt with at trial "partial summary judgement" (determines outcome of some but not all issues before court) |
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| Judicial officer who may preside over hearings, a magistrate does not have all the powers of a judge. He or she ordinarily deals with procedural matters. |
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| Meeting between the court and the parties for clarification of procedural matters and to promote settlement |
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| An agreement between the counsel for the parties regarding a fact, issue, or point that will not be disputed at trial |
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| Legal question to be answered by the court |
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| Court's official calendar for trials and hearings to take place in that courtroom |
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| To question prospective jurors |
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| degree to which something must be proved at trial. party making allegation or claim generally bears the burden of proof. |
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| The preponderance of the evidence |
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| The burden of proof in civil cases means that is more likely than not that a fact is as a party alleges it to be. The burden of proof in criminal matters is beyond a reasonable doubt, a higher standard. |
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| 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 but can be used in civil cases. |
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| Document issued under the authority of the court to compel the appearance of a witness, and ordering the witness to provide specific documents |
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| The tendency to cause bias even where no bias has existed previously. |
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| The value of pursuing an investigative or probing line of questioning. |
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| An attorney making statements, or repeating a previously overruled motion, to protect any right to appeal at a later point. |
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| direct, cross, redirect, recross |
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| The event or point at which a series of incidents begins ultimately resulting in an event with damages |
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| Establishment of a duty, followed by a breach of that duty, resulting in damages. In order to be actionable, the negligence must have been proximate cause of the damages. Generally means accidental, not intentional. |
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| The person or persons responsible for the court files and exhibits |
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| To present a motion to the court |
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| Motion for directed verdict |
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| The court is asked to decide the outcome of a case because the plaintiff has failed to establish a prima facie case. |
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| A case that is sufficient on its face. If all facts alleged by the plaintiff are eventually proven true at trial, the plaintiff deserves to be awarded damages. |
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| Court delays a ruling on a motion so that the motion may be considered. |
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| To question a potential witness to determine his or her competency or the appropriateness of his or her testimony. |
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| Motion for judgement NOV (notwithstanding the verdict) |
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| A motion asking the court to disregard the jury's verdict and replace it with court's own verdict. NOV stands for NON OBSTANT VERDICTO |
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| Civil vs. criminial judgement |
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Civil = judge has the power to alther or overturn jury's verdict
criminal= judge does not have power to overturn if jury finds verdict not guilty but can overturn a guilty verdict in the interest of justice |
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| When 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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| Process whereby a judge substracts from the amount of damages a jury has awarded. In effect, judge gives the party awarded damages the option of accepting a lesser amount or a new trial will be granted to the other side. inverse of an additur. |
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| Appeal as a matter of right |
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| 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. There are circumstances in which the appellate level court has no choice but to hear the appeal such as death penalty cases in state criminal courts. |
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| To delay the implementation of a court's order |
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| To delay the implementation of a court's order |
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| 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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| Doctrine stating that a case that has been decided on its merits may not be re-litigated. |
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| A written answer to the appellate brief |
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| When the entire appellate level court sits to hear and decide a case, indicating the case has a high level of importance. |
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| Petition for writ of certiorari |
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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.
-Issued by higher court
-approved moves to higher court
-denied lower court decision stands |
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| Decision of the prosecutor not to prosecute, even though he or she believes that there is sufficient evidence to do so. |
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| evidence to have integrity--->must be chronological documentation of each person having possession of the evidence (custody) |
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Principle stating that the court should follow previous court decisions unless there exists a compelling reason not to. Related to concept of precedence.
translates to--> "let the decision stand" |
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