Business Law Chapter 3 Terms

Prosecution

The government’s side in a criminal case

Plaintiff

The party that starts a lawsuit

Defense

The party that responds to a civil or criminal complaint

Litigation

A lawsuit filed in court to determine liability and remedies

Litigants

Parties in litigation

Sua sponte

Latin for “Of its own accord,“ an action by a court without motion by the parties

Motion

Any request to a court for the court to take a specific action

Claim

Any legal right to seek a remedy for a wrong. Each ____ is a separate violation of law

Counterclaim

A claim by the defendant against the plaintiff

Counterplaintiff

The original defendant in a lawsuit, when asserting a claim against the plaintiff

Counterdefendant

The original plaintiff in a lawsuit, when sued in return by the defendant

Joinder

Joining of multiple parties or claims in a single legal action in litigation

Pro se

Latin for “on one’s own behalf”, a litigant representing themself without an attorney

Bar

A body of attorney and judges

Juris Doctorate (JD)

A professional degree and doctorate in law, required for practicing law in the U.S.

Pro hac vice

Latin for “on this occasion”; a motion allowing out of state attorneys to practice in state for a specific case or matter

In-house counsel

The attorney employed by and representing only one enterprise

Outside counsel

Law firm attorneys representing a company or other enterprise

Rules of professional conduct

Rules for attorney conduct issued by a licensing entity such as a state bar or supreme court. The American Bar Association issues A set of model rules of professional conduct for attorneys nationwide

Attorney-client privilege

A doctrine that requires all communications between client and attorney be kept secret by the attorney from any disclosure to any person

spousal privilege

A doctrine protecting communications between spouses from disclosure in court

Doctor-patient privilege

A doctrine that prevents medical personnel from testifying in court about their patient’s communications with them

Priest-penitent privilege

A doctrine protecting communications between clergy and penitent from disclosure

Administration of justice

The highest duty of any attorney

Perjury

Lying under oath

Grand jury

A body of citizens examining whether someone accused of a crime should be formally charged

Petit jury

A body of citizens determining guilt or innocence in a criminal trial or liability in a civil trial

Standing

the Constitutional requirement for the right plaintiff to bring a claim at the right time in litigation

Ripe

A claim ready for litigation

Moot

Abstract and theoretical. In standing cases, a case is ____ if granting the remedy asked would not help the plaintiff

Personal jurisdiction

A court’s jurisdiction over parties in litigation

Minimum contacts

The Constitutional requirement for some form of contact with a forum state before the proper exercise of personal jurisdiction

Long-arm statutes

State laws allowing service of process on an out-of-state defendant with some form of minimum contact with the state

Service of process

The procedure to give legal notice to a litigant that a court is exercising personal jurisdiction over that person

Summons

A judicial order to appear before a court

Complaint

The initial document that starts the lawsuit by setting forth the plaintiff’s claims. It is a simple document setting forth through the parties are the facts of the case and what specific laws the defendant has violated. (Each of those are a claim)

Prayer for relief

A claim by the plaintiff for damages sought from the defendant

Damages

Loss suffered by plaintiff, typically expressed in terms of money

Specific performance

A non-monetary remedy available in certain cases whereby the defendant is ordered to perform the specific act agreed to in a contract

Injunction

An order by a court to a party to do something or to stop doing something

Irreparable harm

A type of injury that cannot be corrected by money or by putting things back to where they were. Injunction may be granted in the early stages of litigation to prevent ________ ____

Frivolous

Lacking in legal merit

Discovery

The method used in civil and criminal cases to obtain information about each party’s case

Default judgement

A judgment entered against a party for misconduct or failure to answer (eg defendant not replying to the complaint could lead to this). Includes granting all the relief the plaintiff asked for

Lead plaintiffs

In a class-action suit the representative plaintiffs of the class

Class-action

Describes a lawsuit in which a representative plaintiff represents an entire class of similarly situated plaintiffs against the defendant

Answer

The defendant’s written response in civil suit to the plaintiff’s complaint

Affirmative defense

A defense that does not deny the defendant’s actions, but provide provides a recent or justification, such as self-defense

Pleadings

The complaint, answer, and any supporting documentation taken together

Statute of limitations

A defined time limit under which a legal action must commence or be forever barred

Toll

A temporary halting of the clock in calculating whether the statute of limitations has run out

Affidavit

A sworn statement in writing made under oath

Discovery

The method used in civil and criminal cases to obtain information about each party’s case

Interrogatory

Written questions posed by a party to another party during discovery

Spoliation

Destruction of key evidence in a trial

Request for production

A formal request for documents, records, or physical evidence from another party during the discovery phase of litigation.

Request for admission

A set of statements posed by one party to another for purposes of having the other party admit or deny the statements, to narrow the scope of facts to be tried

Stipulation

An agreement made between opposing parties in litigation

Deposition

A statement by a party or witness made under oath

Impeached

To challenge the credibility of a witness to tell the truth during a legal proceeding by presenting evidence of their dishonesty or inconsistencies.

E-discovery

Discovery involving electronically stored information

Work product doctrine

Materials prepared in anticipation of litigation protected from disclosure during discovery by opposing counsel

Summary judgement

A judicial order declaring a winner on the merits of a case. Designed to cut the trial short by asking the judge to decide based on the information discovered so far.

Voir dire

The questioning of prospective jurors; the process of selecting a petit jury

For cause

A challenge to a prospective juror for a good reason such as bias

Peremptory

A challenge to a juror without giving a reason

Opening Statement

The statement by attorneys to the jury at the beginning of the trial, laying out the essential facts of the case

Direct examination

Examination through questioning of a witness by the side that called the witness

Leading questions

A question that prompts or encourages the desired answer; not allowed in direct examination

Cross-examination

Examination through questioning of a witness called by the opposing side

Directed verdict

An action by the court to direct a verdict when a party has failed to meet its burden of proof. This occurs when, after considering all of the evidence, no reasonable jury could find in favor of the opposing party

Closing arguments

Summation of the case presented by attorneys at the conclusion of presentment of evidence

Burden of proof

The responsibillity of a party to produce sufficient evidence to convince the trier of fact of a particular fact or issue

Beyond a reasonable doubt

The standard of proof in a criminal trial. It means that the evidence must be so compelling that there’s no reasonable doubt as to the defendant’s guilt

Preponderance of the evidence

The standard of proof in a civil trial. It means that the evidence that supports the claim is more likely than not.

Verdict

A jury’s decision

Judgement notwithstanding the verdict

A judgement by the judge setting aside the jury’s verdict

Jury nullification

An act by a jury to willingly ignore the law to achieve an equitable result or outcome

Judgement

A formal determination of a matter by a court

Execution

The collection or enforcement of a judgement

garnished

Attachment of a debtor’s wages to pay a judgement

res judicata

The doctrine barring relitigation of issues and claims already finally determined