Term
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Definition
| When a federal court hears a case because the opposing parties are from different states and the claimed damages exceed $75,000. |
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Term
Ad Damnum Clause
Prayer for Relief |
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Definition
| Element of complaint that asks for damages. Commonly refered to as "prayer for relief" less commonly refered to as "wherefore clause" |
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Term
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Definition
| A person who signs an affidavit |
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Term
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Definition
| Jurisdiction over a person. |
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Term
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Definition
| Jurisdiction over the controversy. Often property. |
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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. |
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Term
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Definition
| An attachment to the title of property notifing any potential buyers that the title is subject to the ourcome of litigation. |
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Term
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Definition
| An addmission that a specific did occur, arguing that the fault does not lie with the defendant. It is intended to reduce or eliminate a plantiff's damages. |
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Term
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Definition
- Interrogatories,
- Requests for Admissions,
- Request for Production,
- Request for Mental or Physical Examination
- Deposition
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Term
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Definition
| The right to refuse to testify or prevent someone from testifing. |
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Term
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Definition
| A hearing where only one party is present. |
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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
| Dismissal with Predjudice |
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Definition
| A dismissed case that cannot be brought to court again. |
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Term
| Dismissal without Prejudice |
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Definition
| A case is dismissed but can be tried again because the court has not made up its mind. |
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Term
| Motion for Summary Judgement |
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Definition
| A pretrial motion asking the court to determine the outcome of the case based on pleadings and motions instead of a jury trial. |
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Term
| Partial Summary Judgement |
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Definition
| Limits the issues that will be dealt with at trial. Can limit the outcome of some, but not all, of the issues before the court. |
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Term
| Name the Four Types of Evidence |
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Definition
Direct (witness sees gun fired)
Circumstantial (Witness hears gun, turns and sees)
Oral (spoken)
Physical (evidence that can be touched) |
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Term
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Definition
(for the jury)
To question the prospective jurors.
Challenge for Cause (dismissing a juror for good cause)
Peremptory Challenge (dismissing a juror for no reason)
(for the witness)
Questioning the witness' to determine their fitness to testify. |
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Term
| Preponderance of Evidence |
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Definition
Civil Cases: It is more likely than not that the fact is as a party alleges it to be.
Criminal Cases: Beyond a reasonable doubt |
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Term
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Definition
| A court issued document 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
| The value of pursuing an investigative or probing line of questioning. |
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Term
| Compentency and it's 3 Elements |
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Definition
The legal capacity to testify.
- Understanding the obligation to tell the truth
- Knowledge of the topic of testimony
- Ability to communicate
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Term
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Definition
| A case that is sufficient on its face. |
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Term
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Definition
| When a judge adds to the amount a jury has awarded. |
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Term
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Definition
| The process whereby a judge subtracts from the amount the jury has awarded. |
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Term
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Definition
| Doctrine stating that a case that has been decided on its merit may not be re-litigated. Civil equivalent of double jeopardy. |
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Term
| Panel of Justices (or judges) |
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Definition
| A portion of the appellate court that hears and decides, indicating the case has a high level of importance. |
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Term
| Petition for the Writ of Certiorari |
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Definition
| The vehicle by which a case if taken from appellate court to the supreme court. Also from State court to US Supreme Court. Commonly called Writ of Cert. |
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Term
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Definition
| The decision of the prosecutor not to prosecute even though he believes that there is a sufficient evidence to do so. |
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Term
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Definition
| A judgement against your client. |
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Term
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Definition
"Let the decision stand."
The principal that a court should follow previous court decisions unless the is a compelling reason not to. Think "precedence". |
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Term
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Definition
| An appeal during or before the trial. |
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Term
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Definition
| The cause of actions in a complaint are the specific facts that are going to be alleged at trial. |
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Term
| What are the 6 Types of Pleadings? |
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Definition
- Complaint
- Answer
- Affirmative Defense
- Counterclaim
- Cross Claim (Third Party Complaint)
- Reply |
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Term
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Definition
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Term
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Definition
| Parties do not have to call witnesses to the agreed upon facts. |
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Term
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Definition
Judgement NOV
Not withstanding the verdict.
Judge overrules jury because they disobeyed directions. EX: Overemotional jury |
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Term
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Definition
A document filed with the court asking the court to take some specific legal action.
A complaint is a pleading. |
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Term
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Definition
| When attorney asks questions of a witness that are aimed at discrediting that witness's earlier testimony. |
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Term
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Definition
| A motion requesting information that may be prejudicial not be allowed to be heard. |
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Term
| What is the difference between an Affirmitive Defense and a Counter Claim? |
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Definition
-A counterclaim asks for damages since it alleges that the plaintiff damaged the defendant.
-An affirmative defense does not make allegations against the Plaintiff, so does not seek damages. |
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Term
| What document initiates a legal action? |
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Definition
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Term
| What document responds to the complaint? |
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Definition
The Answer.
The answer should contain any affirmative defenses, cross claims, or counterclaims |
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Term
| What is always served upon a defendant along with the complaint? |
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Definition
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Term
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Definition
| WRITTEN questions written to the opposing parties that must be answered under oath. |
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Term
| One or more judges agrees with the majority but for different reasons. |
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Definition
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Term
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Definition
| An exception by which 2 defendants from different states are allowed to go to federal court because their claim exceeds $75000 |
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Term
| An allegation made by one defendant against a co-defendant in the same case. |
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Definition
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Term
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Definition
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Term
| Prevent yourself or someone else from testifing |
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Definition
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Term
| Motion made during the trial that asks a judge for to enter judgement because the opposing party does not have a prima facie case |
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Definition
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Term
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Definition
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Term
| A lawsuit is often referred to as |
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Definition
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Term
| What is the difference between a verdict and a judgement |
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Definition
| A jury gives a verdict and a judge give a judgement |
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Term
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Definition
| The plaintiff or defendant from a trial becomes an appellant if they appeal. |
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Term
| Is discovery filed with the court? |
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Definition
| No. Not unless it is in dispute |
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Term
| What document starts the appeal process? |
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Definition
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Term
| What kind of document is a counterclaim |
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Definition
| A pleading. (a document filied with the court asking for some kind of action) |
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