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Litigation By Numbers ch 1 vocab
LBN vocab ch 1
39
Law
Professional
08/05/2015

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Term
action
Definition
lawsuit, court case
Term
allegation
Definition
statement asserted to be true
Term
alternative dispute resolution
Definition
ADR- dispute resolution process intended to expedite resolution and reduce costs like mediation or arbitration
Term
appear
Definition
to enter a lawsuit
Term
appearance fee
Definition
sum paid to the court by all parties except public entities or parties obtaining a waiver
Term
arbitation
Definition
alternative dispute resolution process in which each party presents its case to a neutral 3rd party called an arbitrator who issues an award as would a judge and it may be binding or non-binding
Term
attorney service
Definition
service which among other things, files court documents, service process, and searches records
Term
body
Definition
the part of a pleading containing "the meat"
Term
by-line
Definition
type of signature line used when a person signing is a member of a law firm or other entity
Term
caption
Definition
consists of the name, address, phone number, fax number, and email address (if available), and state bar number of the attorney who prepares the document; designation and name of the party on whose behalf the document is prepared; name of the court and county where the action is pending; title of the action, case number, and title of the document
Term
case number
Definition
the number assigned to a case by the court clerk, used on all subsequent documents filed in that case, referred to as "docket number" too
Term
cause of action
Definition
legal theory on which an action (lawsuit) is brought
Term
collections case
Definition
an action (lawsuit) for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services, or money was acquired on credit, and does not seek tort or punitive damages, recovery of real or personal property or a prejudgment writ of attachement
Term
complaint
Definition
pleading filed by complaining party, stating allegations against another, and asking court for relief
Term
complex case
Definition
an action that requires exceptional judicial management to avoid placing unnecessary burdens on the court or litigants and to expedite the case, keeps costs reasonable, and promotes effective decision making by the court, parties, and counsel (C.R.C. Rule 3.400)
Term
conform
Definition
1) to stamp with court clerk's filing stamp, evidencing date of filing; 2) to fill in filing data on file copies
Term
damages
Definition
injury to a person or entity
Term
declare
Definition
to make a statementsetting forth facts under penalty of perjury
Term
defendant
Definition
party designationof person or entity being sued
Term
DOE(S)
Definition
fictiously named defendant(s) whose name(s) plaintiff does not know when preparing the complaint
Term
face page
Definition
the first page of a document, contains the caption
Term
file
Definition
1) to enter documents on court records; 2) to place in an office file
Term
issue
Definition
approval by the court clerk of the use and service of a court form such as a summons
Term
judgment
Definition
decision of the trial court concering the rights and claims of the parties
Term
jurisdiction
Definition
the power and authority of the court to render a legally binding decision in a lawuit; requires subject matter jurisdiction (court's power to rule on theparticular type of case and amount in controversy) and either personal jurisdiction (control over the defendant in the case) or in rem jurisdiction (control over the property at issue in the case)
Term
limited civil case
Definition
general civil case seeking monetary damages up to $25,000 -governed by C.C.P. ยงยง 90-100
Term
mediation
Definition
alternative dispute resolution process in which a neutral 3rd party person facilitates communication between the parties to assist them in reaching a mutally acceptable settlement
Term
perjury
Definition
to testify falsely and deliberately under oath
Term
plaintiff
Definition
party designation of person or entity commencing the legal action
Term
pleading
Definition
a document typed on pleading paper alleging matters of fact and or law and requesting the court to grant relief
Term
peading paper
Definition
paper used for most court documents numbered 1 to 28 on the left hand margin and sometimes referred to as "ruled and numbered paper"
Term
prayer
Definition
the last part of a pleaeing, begins with words "WHEREFORE," and within it a party asks for the court to grant relief in their favor
Term
process server
Definition
a person who serves court summonses, subpoenas, and writs
Term
service
Definition
the delivery by mail, personally or otherwise of a document to an individual or entity
Term
state bar number
Definition
the number assigned to each attorney upon admission to the state bar association
Term
title
Definition
the name of a pleading or other court document
Term
title of the action
Definition
part of a pleading or other court documents naming the parties to the action and their party designations (always in all caps); that portion of the pleading surrounded by brackets
Term
unlimited civil case
Definition
tort cases with potential damages in excess of $25,000; non-tort cases with claims in excess of $25,000; cases requesting equitable relief
Term
venue
Definition
the proper location for a case to be heard like a personal injury case that's held where the accident occurred or where the defendant resides
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