Legal Terminology pt 1

bill of particulars

a written statement of the particulars of a complaint, showing the details of the amount owed

cross-questions

questions asked by a deponent in response to questions asked at a deposition

demand for bill of particulars

a pleading calling for details of a claim or the separate items of an account

deponent

one who gives testimony under oath; another term for affiant

deposition

the transcribed testimony of a witness, given under oath and in anticipation of an eventual trial, but not in open court

deposition on oral examination

a deposition in which lawyers orally examine and cross-examine a witness

deposition on written questions

a deposition in which lawyers examine and cross-examine a witness who has received, in advance, written questions to be answered

discovery

methods that allow each party in litigation to obtain information from the other party and from witnesses about a case before going to court

discovery sanction

court-ordered penalties for failing to produce evidence

e-discovery

obtaining electronic communications or other information stored electronically for the purposes of trial preparation

electronically stored information

information created, manipulated, communicated, and stored by computer; ESI

impeach

call into question

interrogatories

a form of discovery in a civil action in which parties are given a series of written questions to be answered under oath

metadata

data or other information on a computer which is about the structure of the computer or the contents of its files, and which is akin to an electronic fingerprint

motion for order compelling discovery

a motion asking the court to order the other party to produce certain writings, photographs, or other requested items

notary public

a person authorized by law to administer oaths, attest to and certify documents, take acknowledgments, and perform other official acts

party to a suit

a person or organization participating or having a direct interest in a legal proceeding

perjury

the giving of false testimony under oath

recross questions

further questions asked of a witness in response to redirect questions

redirect questions

further questions asked by an examiner at a deposition in response to cross-examination questions

safe harbor provision

protection of a party from discovery sanctions when the party cannot produce ESI because it was lost through the routine good-faith operation of an electronic information system

stipulate

agree

stipulation

an agreement between the parties to an action regulating any matter relative to the proceedings

subpoena

an order commanding a person to appear and testify in a legal action; short vers

subpoena ad testificandum

an order commanding a person to appear and testify in a legal action; long vers

subpoena duces tecum

an order commanding a person to appear and bring certain papers or other materials that are pertinent to a legal action

verbatim

word for word

verification

a written statement or declaration made under penalty of perjury, often placed at the end of a document, that the underlying document is true

alderpeople

People elected to serve as members of the legislative body of a city

alternate jurors

Additional jurors impaneled in case of sickness or removal of any of the regular jurors who are deliberating

array

The large group of people from which a jury is selected for a trial (a)

bench trial

A trial without a jury; aka “jury waived trial”

challenge

To call or put in question

challenge for cause

A challenge of a juror made when it is believed that the juror does not stand indifferent

challenge to the array

A challenge to the entire jury because of some irregularity in the selection of the jury; aka “motion to quash the array”

foreperson

The presiding member of a jury who speaks for the group

impaneled

Listed as members of the jury

indifferent

Impartial, unbiased, and disinterested

jurors

Members of a jury

jury

A group of people selected according to law and sworn to determine the facts in a case

jury panel

The large group of people from which a jury is selected for a trial; aka “array,” “jury pool,” and “venire”

jury pool

The large group of people from which a jury is selected for a trial; aka “array,” “jury panel,” and “venire”

jury waived trial

A trial without a jury; aka “bench trial”

master

A lawyer appointed by the court to hear testimony in a case and report back to the court as to his/her findings or conclusions

motion in limine

A pretrial motion asking the court to prohibit the introduction of prejudicial evidence by the other party

motion to quash the array

A challenge to the entire jury because of some irregularity in the selection of the jury; aka “challenge to the array”

one day-one trial jury system

A system designed to provide the courts with juries consisting of fair cross sections of the community and to reduce the burden of jury duty on certain classes of citizens

peremptory challenge

The challenge of a juror, for which no reason need be given

petit jury

The ordinary jury of 6 or 12 people; used for the trial of a civil or criminal action

pretrial hearing

A hearing before the judge prior to a trial, attended by the attorneys, for the purpose of speeding up the trial

selectpeople

People elected to serve as the chief administrative authority of a town

talesmen/women

Bystanders or people from the country at large chosen by the court to act as jurors when there are not enough people left on the venire

venire

The large group of people from which a jury is selected for a trial; aka “array,” “jury panel,” and “jury pool”

voir dire

“To speak the truth”; the examination of jurors by the court to see that they stand indifferent

writ of venire facias

A written order to cities and towns to provide a designated number of jurors for the next sitting of the court

adjudicating

determining finally by a court

adjudication

a court judgment (a)

admissible evidence

evidence that is pertinent and proper to be considered in reaching a decision following specific rules

affirm

approve

appeal

a request to a higher court to review the decision of a lower court

appeal bond

a bond often required as security to guarantee the cost of an appeal, especially in civil cases

appellant

a party bringing an appeal

appellee

a party against whom an appeal is brought; aka “defendant in error” and “respondent”

case in chief

the introduction of evidence to prove the allegations that were made in the pleadings and in the opening statement

circumstantial evidence

indirect evidence which requires an inference to be drawn from the facts presented

closing argument

final statement by an attorney summarizing the evidence that has been introduced; aka “summation”

consent decree

a decree that is entered by consent of the parties, usually without admission of guilt or wrongdoing

court of equity

a court that administers justice according to the system of equity

cross-examination

the examination of an opposing or hostile witness

decree

the decision of a court of equity

defendant in error

a party against whom an appeal is brought; aka “appellee” and “respondent”

deliberate

to consider slowly and carefully

direct evidence

evidence that directly relates to the fact in issue; doesn’t require making an inference

direct examination

the examination of one’s own witness

DNA

the double strand of molecules that carries a cell’s unique genetic code

DNA sample

biological evidence of any nature that is utilized to conduct DNA analysis

documentary evidence

evidence consisting of such documents as written contracts, business records, correspondence, wills, and deeds

equity

that which is fair and just

exhibits

tangible items that are introduced in evidence

hearsay

out of court statement offered in court to prove the truth of the matter being asserted in court; generally inadmissible

hung jury

a deadlocked jury; one that cannot agree

injunction

an order of a court of equity to do or refrain from doing a particular act

judgment

the decision of a court of law

judgment notwithstanding the verdict

a judgment a court renders in favor of one party notwithstanding a verdict in favor of the other party; full vers.

judgment n.o.v.

short vers. of judgment notwithstanding the verdict

judgment on the merits

a court decision based on the evidence and facts introduced

judgment on the pleadings

a judgment rendered without hearing evidence when the court determines that it is clear from the pleadings that one party is entitled to win the case

jury charge

instructions to a jury on matters of law

leading questions

questions that suggest to the witness the desired answer

mistrial

an invalid trial of no consequence

motion for a directed verdict

in a jury trial, a motion asking the COURT to find in favor of the moving party as a matter of law, without having the case go to the jury

non obstante verdicto

abbreviated n.o.v; notwithstanding a verdict

opening statement

an attorney’s outline to the jury (or judge in a bench trial) of the anticipated evidence to be shown

polling the jury

a procedure in which each individual juror is asked whether he or she agrees with the verdict given by the jury foreperson

preliminary injunction

an injunction issued by a court before hearing the merits of a case

prima facie case

legally sufficient for proof unless rebutted or contradicted by other evidence

questions of fact

questions about the activities that took place between the parties which caused them to go to court

questions of law

questions relating to the application or interpretation of law

real evidence

actual objects that have a bearing on the case, such as an item of clothing, a weapon found at the scene of the crime, a photograph, a chart, or a model

rebuttal

the introduction of evidence that will destroy the effect of the evidence introduced by the other side