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| all the property left by someone who has died |
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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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| an amount of money paid to atone for injury or economic loss |
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| joint and several liability |
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| when multiple defendants may be found liable as a group (jointly) or separately (several) |
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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 "retained", she works in a representative capacity on behalf of the client. |
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| when an attorney acts on behalf of the client in court. This action may be either a personal appearance in front of the judge or the filing of a document with the court on behalf of the client. |
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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 if money claimed as damages exceeds a minimum set by federal statute, which is currently at $75,000 |
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| the party who initiates the action by filing a complaint, claiming injury or harm |
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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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| 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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| the party against whom a complaint is filed |
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| a document filed with the court asking the court to take some specific legal action. States the party's position in a legal action. |
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| Service of process is the delivery of the summons and complaint upon the defendant in a court action. |
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| a written statement of sworn fact under oath |
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| authority of the court to hear and decide a case |
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| the pleading filed by the defendant in response to the allegations contained in the complaint |
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| a claim by the defendant against the plaintiff. Sometimes the only determining factor as to whether the claim is an affirmative defense or a counterclaim is whether the defendant is alleging damages. If this is the case, it becomes a counterclaim. A counterclaim is, in essence, a pleading presenting the defendant's complaint against the plaintiff. |
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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 third party complaints are also cross claims. |
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| a request that the court take a specific procedural step. Motions are procedural in nature, and act as a request for an order. |
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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 discovery is sent to a party, a certificate of mailing is usually attached. This certificate attests that a true and correct copy of the document was sent to all parties involved in the litigation. The certificate should be signed by the person who places i tin the mail, unless the state requires an attorney's signature. This is often replaced with a Receipt of Copy |
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| also called a trial memo 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 |
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| an agreement to end the litigation for an agreed-upon consideration, usually money. |
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| the degree to which something must be proved at trial. The party making an allegation or claim generally bears the burden of proof. |
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| preponderance of the evidence |
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| the burden of proof in civil cases means that it is more likely than not that a fact is as a party alleges it to be. |
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| 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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| the tendency to cause bias even where no bias existed previously |
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| questions directed at a witness who is under oath in court or at a deposition |
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| questioning the witness first. The party calling the witness to the stand conducts direct examination. |
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| after direct examination, the other party may cross-examine the witness, but is limited to the topics brought up under direct examination. |
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| the party conducting direct examination conducts the redirect examination to clarify matters brought up during cross. The party conducting redirect cannot introduce anew line of questions, but is limited to matters discussed during cross. |
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| the party conducting the cross examination conducts the recross examination, but is limited to matters brought up during redirect |
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| attorneys must move for a piece of evidence to be admitted into evidence. If the motion is granted, the evidence will be assigned a number or letter and labeled. |
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| when a party is finished presenting evidence, it rests. |
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| a case that is sufficient on its face. This means that if all facts alleged by the plaintiff are eventually proved to be true at trial, the plaintiff deserves to be awarded damages. A prima facie case must exist at all stages of the proceedings from the filing of the complaint through trial. If at any point during litigation, a party can establish that a prima facie case does not exist, the case should be dismissed |
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| guidelines to the jury about how law is to be applied , adn the facts that may be considered during deliberations. May also be referred to as charge to the jury |
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| the final conclusion of the court. In civil cases, the judge usually enters the jury's verdict into judgement. However, the judge has the power to 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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| doctrine stating that a case that has been decided on its merits may not be re-litigated |
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| written decision of the court |
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| the strongest form of opinion. When more than 50% of the court agrees on a decision. A majority opinion is law until it is superseded or overturned. |
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| the appellate court agrees with the decision of the trial court |
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| the appellate court disagrees and nullifies the decision of the trial court |
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| the appellate court alters the decision of the trial court |
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| the appellate court sends the case back to the trial court for further deliberation |
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| 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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| opinion that disagrees with the majority opinion |
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| the bringing of criminal charges against a defendant; also the party presenting the Government's case at a criminal trial |
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| in a criminal case, these terms mean the prosecution |
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| legal representative. Attorney |
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| the declare a defendant's position in a criminal trial, usually either "guilty" or "not guilty" |
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| 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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| the degree required in a criminal prosecution usually requiring unanimous agreement of the jury. The jury ay have some doubt and still find a person guilty, but the doubt cannot be reasonable. If the doubt is reasonable, the verdict must be not guilty. |
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| 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. |
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| the principle that a court should follow previous court decisions unless there exists a compelling reason not to. Related to the concept of precedence. "Let the decision stand" |
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| legal principle that the government must safeguard the legal rights owed to a person sccording 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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| to provide or to gain, knowledge of legally relevant information. Notice is a critical concept applicable in almost every area of law. |
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