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| all of the assets and liabilities of a person, typically a deceased person, but also may refer to a person who is under guardianship |
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| governs legal rights and duties between individuals and businesses - and sometimes the government |
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| legal concept that offers guidance to the court |
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| selection of location for a case to be heard, among a group of courts that have the legal authority to hear and decide a case |
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| refers to the legal authority or power of a court to hear and decide cases. Limits are geographic/territorial, subject matter, and even dollar amount |
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| origin was desire to protect against possible local prejudice in state courts |
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| moving a case from state to federal courts |
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| Called a "petition" in Texas state courts. This is the lawsuit, the legal pleading filed to initiate a case by one party against another |
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| Called "citation" in Texas state courts. Served on defendant along with the complaint/petition. |
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| Delivery of complaint/petition and summons/citation. Puts defendant on fair notice that he/she has been sued. |
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| defendant makes a written "appearance" in court by responding in writing to the plaintiff's complaint/petition |
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| Defendant's answer may include |
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affirmative defense - must be included in the answer - even if what the plaintiff says is true, defendant is not liable
counterclaim - defendant alleges a claim against the plaintiff, seeking to recover damages from the plaintiff
cross claim or cross action - one defendat says a second defendant is responsible or, that the second defendant should have to reimburse any amounts the first defendant pays/owes the plaintiff |
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| Judgment entered by court when defendant fails to answer on a timely basis. Not automatic, but easily obtained by plaintiff. Says you win the case but money owed is discussed in another hearing |
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| a document filed with the court asking the court to take some specific legal action |
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| Legal question asking for a legal ruling |
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| formal methods of obtaining information in a lawsuit, primarily from other parties, but also from witnesses and other "non-parties" |
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| the right to refuse to or to prevent someone else from testifying |
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| Deciding a dispute in court |
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| agreement to end litigation for an agreed upon consideration |
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| Motion for summary judgment |
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| Filed pretrial. Trial is needed only to decide disputed facts. Considering the facts that are undisputed, judge can decide the case without a trial |
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| Motion for instructed verdict |
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| Filed during trial, after opposing side rests, and disposes of the case without jury verdict. Jury deliberations and verdict needed only to decide disputed facts. Considering the facts that are undisputed, judge can decide the case without the need for jury to decide. |
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| pick who you don't want on the jury. challenge for cause - juror can't be fair. peremptoy challenge - no reason to scratch a juror you just don't want him/her |
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| Allows opposing attorney to interrupt testimony to question witness about competency or basis of testimony |
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| Burden to prover allegations in court. Usually on the plaintiff |
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| Preponderance of the evidence |
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| which means the greater weight and degree of credible evidence |
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| in the context of the rules of evidence, this means evidence which tends to prove or disprove a fact that is in issue |
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| if the facts as presented by the plaintiff are true, plaintiff is entitled to win |
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| commands witness to come to court to testify |
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| commands witness to come to court, to bring documents or other physical evidence and to testify |
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| the conclusion of the jury |
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| the judge's written order concluding the case |
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| filing a challenge in a higher court to overturn the previous court's judgment |
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| formal procedure, with a time deadline, for a party to notify the court and opposing parties of the intention to appeal. Failure to file or even failure to file on time can result in dismissal of the appeal |
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| party bringing the appeal |
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| party opposing appeal, or supporting the ruling of the previous court |
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| Typically, courts rotate judges and decide in groups, or "panels" of 3 |
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| In cases deemed significant, court may decide on its own or at the request of a party to have the entire court, all judges hear and decide the case |
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| written opinion setting forth the ruling of the appellate court and its reasoning |
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the opinion of the majority of the voting judges
affirm = agreed
reverse = wrong
modify = edit original judgment
remand = more info necessary for judgment |
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| the opinion of a judge or judges who agree with the result of ruling of the majority, but not with all of the reasoning |
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| Written opinion of judges who disagree with the majority on the case |
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| Petition for writ of certiorari |
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| the term for a request that the case be heard by application to the U.S. Supreme Court |
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| penal laws adopted by the state to regulate the conduct of individuals. Violations are lawsuits in which the government (U.S., state, county or local) is the plaintiff and brings the lawsuit. Plaintiff seeks a penalty such as a fine or imprisonment not compensatory damages |
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| a less serious crime, typically punishable by some penalty that is less than 1 year. Varies from jurisdiction to jurisdiction |
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| a more serious crime, typically punishable by some penalty that is great than 1 year in length |
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| the prosecuting attorney. the attorney for the government |
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| guilty, not guilty or "nolo contendre" (no contest) |
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| "no contest". the result is a conviction but that plea may not be used as an admission of wrongdoing in a civil case |
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| a special body appointed to review evidence presented confidentially by a prosecutor to determine if there is sufficient evidence to charge a person with a crime. When the grand jury finds that there is sufficient evidence, this is known as an "indictment" |
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| Burden of proof in criminal cases |
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| on the prosecution proving beyond a reasonable doubt |
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| any doubt which would make a reasonable person hesitate in the most important of his or her affairs |
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| to find "not guilty". Not necessarily innocent, just that the prosecution has not met its burden to prove the defendant's guilt, beyond a reasonable doubt |
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