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Definition
| all property left by someone who died. |
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| does not directly harm the community; the person harmed sues the violator |
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| tribunal forum where the trial occurs as well as the judge. The judge is the trier at the trial |
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| amount of money paid to atone for injury or economic loss |
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| legal concept generally accepted by most courts, often not law, offers guidance to the court. |
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| joint and several liability |
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Definition
| 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 their services. When retained the attorney works in a representative capacity on behalf of the client |
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| what an attorney makes and acts on behalf of a client in court. |
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| once an attorney has entered an appearance they are... |
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| the physical location, place of trial. |
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| when a federal court hears a case based on the parties being from different states and the damages exceed by the current federal statute of $75k. |
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| the party who initiates the action by filing a complaint claiming injury or harm. |
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| time limit for filing suit. generally starts when the damages occurred. |
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| document that informs the defendant that they are being sued and they have a specific time to respond |
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| the pleading that initiates litigation and contains the general allegations against the defendant. |
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| individuals or groups involved in a legal action |
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| a legally valid reason to sue, required element of a complaint |
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| a common legal phrase that qualifies a statement as a fact only to the best knowledge of the person making the statement. |
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| the party against whom a complaint is filed |
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| element of a complaint that asks for damages. "prayer for relief" |
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| multiple defendants in a legal action |
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| a document filed with the court that asks for some specific legal action. |
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| a fact claimed by a party |
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| citizens selected from community to determine outcome of a case |
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| a document is filed when it is presented tot he clerk of the court |
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| a presentation of legal papers |
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| delivery of the summons and complaint (process) upon the defendant in a court action |
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| service of papers on an individual as opposed to a business or registered agent |
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| a person who is permitted by law to serve legal documents. >18, not a party to the action |
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| written statement of fact sworn under oath |
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| one who signs an affidavit |
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| a person authorized to administer oath and verify that an individual signs a legal document |
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| authority of a court to hear and decide a case |
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| jurisdiction over a person |
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| jurisdiction over the controversy, often property |
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| quasi in rem jurisdiction |
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| jurisdiction of property even though the property is not the controversy |
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| attachment to the title 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 property preventing its sale until a previous financial obligation has been satisfied |
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| laws that govern the procedures of trials |
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| the pleading filed by 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 reduce or eliminate a plaintiffs damages |
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| a claim by a defendant against the plaintiff. 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 |
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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 judgment by the court in favor 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 |
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| the process of asking a court of law to decide the outcome of a dispute |
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| the methods where one party obtains relevant information on a case from the other party |
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| certificate of mailing or certificate of service |
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Definition
| this attests that a true and correct copy of the document was sent to all parties involved in the litigation |
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Definition
| an official command by the court usually demanding that one or both of the parties perform and act |
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| a proceeding in court where both parties and judge are present |
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| the right to refuse to testify or prevent someone else from testifying |
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| a hearing where only one party is present |
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| the party against whom the third-party complaint was filed |
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| asking a court to end a case without going to trial |
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| document filed with court to argue a legal issue relying on law to support the party's position. |
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| motion for summary judgment |
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Definition
| a pretrial motion asking the court to determine the outcome of the case based on the pleadings and motions rather than going to trial with a jury |
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| a judicial officer who may preside over a hearing who does not have all the powers of a judge |
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| a meeting between the court and the parties for clarification of procedural matters and to promote settlement |
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| an agreement between counsel for the parties regarding a fact, issue, or point that will not be disputed at trial |
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| an agreement to end the litigation for an agreed-upon consideration |
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| that which tends to establish or disprove a fact |
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| evidence that will be allowed to be considered by the jury. |
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| the court's official calendar for hearings and trials |
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Definition
| to set a date for trial upon which attorney's, parties and court agree |
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| citizens who will be called upon to hear the evidence and render a verdict |
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to question prospective juror
-challenge for cause
-peremptory challenge |
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Definition
| court employee who keeps order in the courtroom |
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Definition
| a person who hears the entire case with the jury but will not deliberate or vote on a verdict unless on of the jurors is dismissed |
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| presentation by attorney that will state the facts they intend to prove during the trial |
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| degree to which something must be proved at trial |
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| preponderance of the evidence |
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Definition
| the burden of proof in civil cases that means it is more likely that not that a fact is as a party alleges it to be |
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Definition
| a rule that states that a witness in a case may not be in the courtroom during the testimony of other witnesses |
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Definition
| a document issued under court authority to compel the appearance of a witness |
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Definition
| a document issued under authority of the court to compel the appearance of a witness and ordering them to provide specific documents |
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Definition
| a formal challenge by opposing counsel to evidence or questions asked of a witness |
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Definition
| a discussion between the judge and attorneys at the judges bench so the jury can not hear |
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| the tendency to cause bias even where no bias has existed previously |
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Definition
| the value of pursuing an investigative or probing line of questioning |
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Definition
| an attorney making statements, or repeating a previously overruled motion, to protect any right to appeal at a later point |
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Definition
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Definition
legal capacity to testify
-understand obligation to tell the truth
-knowledge of the topic of the testimony
-ability to communicate |
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Definition
| questions directed at a witness under oath in court or at a deposition |
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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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Definition
establishment of a duty, followed by a breach of that duty, resulting in damages
-actionable: proximate cause of damages
-generally act is accidental, not intentional |
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Definition
| when the judge asks the jury to leave the courtroom temporarily |
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Definition
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| tending to prove or disprove a fact in an issue |
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Term
| to strike from the record |
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Definition
| to have certain testimony removed from the record of the trial usually with admonition to jury not consider what they heard |
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Definition
| the person responsible for the court files and exhibits |
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Definition
| a physical item presented to support an argument |
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Definition
| attorneys must "move" for a piece of evidence to be admitted into evidence. if granted it will be assigned a number or letter and labeled |
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Definition
| when a party is finished presenting evidence |
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Definition
| to present a motion to the court |
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| motion for directed verdict |
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Definition
| 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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Definition
| to halt temporarily, but not end, the trial |
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| a case that is sufficient on its face |
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Definition
| the court delays a ruling on a motion so that the motion may be considered |
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Definition
| a person who has been qualified by the court to have experience and knowledge in a specific area and who will be allowed to express opinions related to their area of knowledge |
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Definition
| to establish a witness's expertise in a specific area |
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Definition
| attorney addressing the jury or court at the end of the trial attempting to persuade prior to deliberations |
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Definition
| guidelines to the jury about how the law is to be applied and the facts that may be considered during the deliberations |
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Definition
| a jury's discussion of the case, in private, following the trial with the goal of rendering a verdict |
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Definition
| the final conclusion of the jury |
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Definition
| member of the jury elected to lead the deliberations and speak for the jury |
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Definition
| a motion asking the court to disregard the jury's verdict and replace it with the court's own verdict. (notwithstanding the verdict) |
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Definition
final conclusion of the court.
civil: judge can alter or overturn
criminal: judge cannot overturn NG |
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Definition
| the judge adds to the amount a jury has awarded |
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Definition
| the judge subtracts from the amount of damages a jury has awarded |
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Definition
| a request that the judge order a new trial because of procedural errors |
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Definition
| to ask the court at the next higher level to determine whether the trial court erred |
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| appeal as a matter of right |
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Definition
| the party who loses in the trial court has the right to have their case heard by the next highest appellate level court in civil court |
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Definition
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Definition
| to delay the implementation of a court's order |
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Definition
| written notification in motion form that a party intends to appeal |
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Definition
| 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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Definition
| doctrine stating that a case that has been decided on its merits may not be re-litigated |
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Definition
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| the party initiating an appeal |
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Definition
| the official collection of all pleading, exhibits, motions, orders and transcript of the trial |
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Definition
| word-for-word typed record of what occurred at trial |
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Definition
| a written argument by a party covering the issues, called "points of error" on appeal |
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Term
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Definition
| the questions that are the basis for the appeal. these questions point to potential errors of the trial court |
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Definition
| a written answer to the appellate brief |
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Definition
| an oral presentation to the appellate court |
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Term
| panel of justices (or judges) |
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Definition
| a portions of an appellate-level court that hears a case |
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Definition
| when an entire appellate level court sits to hear and decide a case |
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Definition
| written decision of the court. a majority of 51% is law until superseded or overturned |
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Definition
| opinion of one or more judges that agrees with the results of the majority but arrives at the result for different reasons |
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Definition
| opinion that disagrees with the majority |
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Definition
| to make a formal request to the court |
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Definition
| a second chance to present arguments to the court on the same issues |
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| petition for writ of certiorari |
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Definition
| the vehicle by which the case is taken from the court of appeals to the supreme court |
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Definition
| viewed as harming the community |
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Definition
| bringing of criminal charges against a defendant. the party presenting the governments case |
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Definition
| an order from a judicial officer or the court authorizing an arrest or a search or seizure of property |
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Definition
| the first court appearance by a defendant to a criminal charge. the court informs them of the charges, bail and date of next proceeding |
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Definition
| a crime punishable by a sentence of less than one year |
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Definition
| a crime punishable by a sentence of a year or more in prison |
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Definition
| money or property deposited with the court to procure the release of a defendant and ensure the appearance of the defendant at trial |
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Definition
| a written agreement to pay the full bail amount to the court if the defendant fails to appear when required |
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Term
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Definition
| a defendant is released without being required to post bail on the promise they will return to court at designated times |
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Definition
| an attorney assigned to represent a defendant usually because they can not afford and attorney |
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Definition
| legal representative. attorney |
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Definition
| the decision of a prosecutor not to prosecute even though they believe there is sufficient evidence to do so |
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Definition
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Definition
| to declare a defendant's position in a criminal trial |
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Definition
| the defendant in a criminal case agrees to plead guilty, usually to a lesser charge, in return for a reduced sentence |
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Definition
| the defendant decides not to contest the charges but does not admit guilt and may be sentenced as though they had pleaded guilty |
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Definition
| a hearing requiring the State to produce sufficient evidence to establish that there is probable cause to believe that a crime has been committed by the defendant |
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Definition
| an investigatory panel that determines whether probable cause exists to return an indictment |
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Definition
| a formal charge by a grand jury alleging a criminal act |
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Definition
| formal hearing in court where the defendant is informed of charges and enters a pleading |
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| beyond a reasonable doubt |
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Definition
| degree of proof in a criminal prosecution. |
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Definition
| to find a defendant not guilty |
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Definition
| a judgment against your client |
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Definition
| in a criminal case the case can not retry a defendant on the same charges once a not-guilty verdict is rendered |
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Definition
| chronological documentation of each person having possession of the evidence at all times |
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Definition
| any state must give respect to laws and judgments of other states per the Consitution |
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Definition
| a prior case that a subsequent court may rely upon when deciding a matter with similar facts or issues |
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Definition
| a principle that a court should follow previous court decisions unless there is a compelling reason not to. "Let the decision stand" |
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Definition
| legal principle that the government must safeguard the legal rights owed to a person according to the law, including notice of proceedings and a chance to be heard prior to the loss of life, liberty, or property |
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Definition
| to provide, or to gain, knowledge of legally relevant information |
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Definition
| states a party's position on a matter |
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| asks a court to rule on a procedural matter |
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