Legal Terminology

terminology

Answer

the deft or deft’s pleading which responds to the plaf’s or plaf’s complaint petition

Bill of Sale

an instrument evidencing a transfer of personal property

Caption

the heading on a pleading containing the name of the court, the county, the parties, and title of the document

Common Law

law evolving from ancient custom and judicial precedent, as contrasted with a concerted plan of statutory enactment

Counterclaim

the claim that a deft may make against a plaf in the plaf’s action against them

Default

a failure to take a required step within a specified time which can result in a default judgment against the one who failed to act

Deposition

taking testimony outside the courtroom before a court reporter with the other side present for purpose of cross-examination. The testimony is given under oath and reduced to writing by the court reporter

Eminent Domain

the power to take private property for public use through condemnation proceedings and compensation

Reply

the pleading that responds to an answer

Hypothetical Question

a question asking an expert witness to assume proven facts to elicit a witness’s opinion based on those facts

Liable

responsible; chargeable with

Pleading

instrument used to frame the issues in a lawsuit

Plaintiff

person/company/legal entity named in the caption of the lawsuit as the one bringing the action

Preponderance

greater weight of evidence

Stipulation

agreement of counsel as to the existence of certain facts or circumstances

Defendant

the one against whom the action is brought

Costs

the expenses of a trial or proceeding which may be charged to one or both of the parties. They usually don’t include atty’s fees

Annontations

the case summaries which follow the statutes in printed statute books - they are not official

Direct Evidence

they are offered by eyewitnesses as contrasted to circumstantial evidence from which conclusions are drawn

Hung Jury

jury that can’t agree on a verdict

Hostile Witness

a witness who manifests so much hostility or prejudice under examination in chief that the party who has called the witness is allowed to cross-examine them as if they had been called by the opposite party or allowing for a more aggressive line of questioning.

Dismissal WITH Prejudice

a dismissal without a trial which bars the assertion of the same cause of action or claim against the same party. the CANNOT come back and refile the same action

Dismissal WITHOUT Prejudice

they CAN come back and refile the same case; permits the party to bring another civil action for the same cause unless that civil action is barred otherwise

Injunction

a court order that requires a party to do or refrain from doing a specific act.

Lis Pendens

a pending lawsuit that affects the title to the property involved.

Punitive Damages

monetary compensation awarded to a plaf IN EXCESS of what compensates for actual damages to further punish the deft for wrong and evil actions

Summary Judgment

decision given by a court based on the briefs submitted by the attys without delay or formality of full proceedings

Weight of Evidence

phrase which indicates the relative value of the totality of evidence presented on one side of a judicial dispute in light of the evidence presented by the other side

Work Product

that work done by an atty in the process of representing the client which is ordinarily not subject to discovery; may include charts or other works

Usury

charging more than the legal rate of interest

contempt of court

acts which impede the court. it can be failure to carry out an order or disrespectful conduct

de jure

legitimate; lawful; having complied with all legal requirements

canon

system of correlated rules or standards; body of law that was developed under Christianity

allocution

court’s formal inquiry of a prisoner as to whether they have any legal cause to show why a judgment should not be pronounced against them for the conviction; deft’s personal statement they are allowed to make before sentencing

dictum

the statement of a rule or principal of law in a court’s decision which is not essential to the determination of issues in a case but it used to explain the court’s reasoning; comment, suggestion, or observation by a judge in their opinion

ex parte

by or for one person, not adversary; ex parte meeting is improper contact with a party or a judge without all necessary parties present

easement

a right of access onto, over, under, or across real property

joint tenancy

ownership of property by 2 or more persons so that when one tenant dies, their interest passes on to the other tenant(s) automatically

interlocutory

temporary or immediate; not final; an interlocutory order may be entered for something that is decided while a case is still ongoing like custody in an open divorce case that has not reached decree yet

guardian ad litem

a person (usually an atty) that is appointed to protect a minor/incapacitated person’s interest during a specific litigation; guardian for specific litigation

ad litem

for the purposes of the legal action only

et seq

and following

mandamus

an order of a higher court which directs a lower court to take certain action

example: a judge has a conflict in a case but refuses to recuse themselves, so the higher court enters a writ of mandamus to compel the lower court to remove the judge and appoint a new one to the case

res gestae

things done that are admissible in evidence in litigation that are considered as an exception to the hearsay rule

retainer

the fee that a lawyer takes to represent a client. it usually refers to a continuing arrangement, pre-payment for representation

supra

above, earlier in this document

example: in a brief, an atty may reference a case citation in the beginning that needs to be referenced later in the brief - they atty can mention the case title then this term to direct the reader to the first reference of the citation

tenants in common

a joint tenancy of 2 or more people, but when one dies, their interest passes on to the heirs, not to the other tenants

suo nomine

in one’s own name

Riparian rights

rights which accrue to owner of land on the banks of a waterway

venue

the place of jurisdiction

wanton

grossly negligent or careless

nisi prius

the trial court where the case is tried to a jury (as distinguished from appellate court where there is no jury)

impeachment

destruction of a witness’s credibility

inculpatory evidence

that which tends to incriminate or bring about a criminal conviction

lex loci

the law of the place. guides the court on the proper jurisdiction, usually in contract law. example: a contract between two counties must indicate which country’s law will govern

domicile

the actual place that is home to a person which is stronger than residence. a person can have several simultaneous residences, but only one domicile

consideration

in contract law, value given or received. it can be money, services, property, or mutual performances and it is the factor that makes a contract binding

best evidence

evidence from the most reliable source; an original as against a copy

certorari

to be informed of. appellate review proceedings which examine the action of a lower court for further information, a writ of review or inquiry

“sair shee oh RAH ree”

demurrer

pleading which says, “I admit, for the purpose of the argument, that your claimed facts are true, but those facts do not give you a valid claim against me.”

the pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party aka the document that makes the objection

bail

the process of taking some security to guarantee that an accused person will appear at a hearing or trial

caveat

warning

de novo

anew, starting over as though not done before

directed verdict

a ruling entered by a trial judge after determining that there is no legally sufficient evidentiary basis for a jury to reach a different conclusion; criminal trial = judgment of acquittal for the deft

in camera

in chambers

damages

the monetary redress which one seeks to recover from another

judge pro tem

a lawyer appointed by a judge to sit on the bench when the regular judge cannot be there

mala fides

with bad faith

extradition

surrender of an alleged criminal by one state to another

dissent

the opinion of a judge who does NOT agree with the majority of the court

equity

the interest that a person has in property they are mortgaging or buying. It’s the difference between the amount it’s worth and what is owed on the mortgage

res judicata

a thing or point formerly in controversy that is now judicially settled

statute

the written law that is enacted by the legislature

prima facie

on the 1st appearance. a prima facie case means that there is enough evidence to support a party’s argument and rule in their favor as long as the opposing party cannot provide evidence that disproves their claim

ordinance

a municipal statute

security agreement

a lien on goods or property to secure payment on the purchase price of goods on an installment plan

transcript

a document that the court reporter prepares from either court or deposition proceedings

deposition

transcript terminology

testimony given under oath before a case is tried in court

plaintiff & defendant

transcript terminology

make sure to determine which attorney represents which party in the matter

claimant (employee) & respondent (employer)

transcript terminology

usually in worker’s comp proceedings where there is an injured party making a claim against and employer

deponet

transcript terminology

the person being deposed

examination under oath (EUO)

transcript terminology

where there is no case filed, but the deponent is required to give testimony under oath to either an attorney or an insurance investigator (house on fire, stolen vehicle, etc.)

style of the case

transcript terminology

this refers to who has jurisdiction of the matter at hand, who the parties are, and the case number

colloquy

transcript terminology

this refers to the attorneys speaking with each other or the judge interacting with the attorneys, and it is formatted differently in our transcripts

exhibits

transcript terminology

documents or items used to present evidence in a case. they are to be marked in the transcript where they occur and placed on the index of the transcript

index

transcript terminology

the page of the transcript that lists where the testimony begins and ends and lists any exhibits that are marked

byline

transcript terminology

used to identify who is asking the questions

caption

transcript terminology

states the date, time, and location of the proceeding

stipulations

transcript terminology

agreements among attorneys

swear-in-blurb

transcript terminology

language in transcript that indicates the witness has been sworn in

certificate

transcript terminology

reporter’s last page in the transcript

videographer

transcript terminology

the person who may be hired to videotape the depo - taken in colloquy format

taking attorney

transcript terminology

the attorney who called the depo and is going to ask questions first

defending attorney

transcript terminology

the attorney who is not the taking attorney who can make objections to questions and can ask questions after taking attorney is done

esquire

transcript terminology

this refers to an attorney i.e., John Smith, Esquire

expert witness

transcript terminology

witness called to testify to give expert opinions in their area of expertise (doctors, accident reinacter, etc.)

30(b)(6) witness

transcript terminology

a corporate representative witness

discovery

transcript terminology

process whereby each side of the case can do their own investigation as to the evidence. Depos of witnesses are taken in the discovery process and there is a cutoff period

movant

applicant for a ruling or order in court

headnote

the paragraphed material that is a short description which precedes the opinion of the court describing the issues in a particular decision