Chapter 5 Court Procedures – VOCABULARY Flashcards

Adversarial system

A system where disputes are resolved by opposing presentations before a judge or jury, typically with counsel for each party.

Pro se

Representing oneself in court without an attorney.

Procedural rules

Rules that structure the litigation process and specify the steps at each stage.

Federal Rules of Civil Procedure (FRCP)

Rules governing procedural matters in civil trials in federal courts.

Stages of litigation

Three phases of a lawsuit: pretrial, trial, and post-trial.

Pleadings

Formal statements by the plaintiff and defendant detailing the facts, allegations, and defenses.

Complaint

The plaintiff’s initial pleading that starts a lawsuit and states jurisdiction, legal theory, and remedy.

Jurisdiction

Authority of a court to hear a case; includes subject-matter and personal jurisdiction.

Remedy

The relief or compensation sought by the plaintiff.

Service of process

Delivery of the complaint and summons to a defendant to notify them of the action.

Summons

Document informing a defendant of the lawsuit and requiring appearance and answer; failure can lead to default.

Default judgment

Judgment entered against a defendant who fails to appear or answer.

Waiver of service of process

Ability to waive formal service under FRCP or state rules, often simplifying procedure.

Answer

Defendant’s formal response to the complaint, admitting/denying allegations and presenting defenses.

Affirmative defense

Defense acknowledging facts but challenging legal right to sue (e.g., statute of limitations).

Counterclaim

A claim by the defendant against the plaintiff within the same lawsuit.

Motion to dismiss

A request to dismiss the case for lack of jurisdiction or failure to state a claim.

Motion to strike

A request to delete or remove certain paragraphs from the complaint for clarity.

Motion to make more definite or certain

A request to clarify a vague complaint.

Motion for Judgment on the Pleadings

A request to decide issues based solely on the pleadings when no facts are in dispute.

Motion to compel discovery

A request to force the other party to comply with discovery requests.

Motion for summary judgment

A request to enter judgment without a trial when there are no genuine facts in dispute.

Discovery

Pretrial phase during which parties obtain information from each other and third parties.

Deposition

Sworn testimony of a party or witness taken outside court before trial.

Impeach

Challenging a witness’s credibility, often using deposition or prior statements.

Redirect

Follow-up questioning after cross-examination to clarify or rehabilitate a witness.

Re-cross

Additional questioning after redirect examination.

Interrogatories

Written questions served to one party, answered under oath.

Requests for Admissions

Requests to admit the truth of specific facts; admissions are binding for trial.

Requests for Documents, Objects, and Entry upon Land

Requests to inspect documents or property and to enter land for inspection.

Examinations

Court-ordered physical or mental examinations of a party.

E-evidence

Electronic data (email, documents, spreadsheets) used in discovery.

Metadata

Data about data (creation, access, modification) automatically recorded in digital files.

Spoliation

Destruction or alteration of evidence relevant to a case.

Pretrial Conference

Meeting before trial to discuss settlement, issues, and trial logistics.

Seventh Amendment right to a jury trial

Right to jury trial in federal courts for cases at law with amount in controversy over $20.

Voir dire

Jury-selection process where attorneys question prospective jurors for bias or connection to parties.

Peremptory challenge

Jury removal without giving a reason; cannot be based on discriminatory criteria.

Challenge for cause

Jury removal based on bias or other disqualifying reasons.

Opening statements

Preliminary statements outlining expected evidence and legal theory at trial.

Rules of evidence

Rules governing admissibility and reliability of evidence at trial.

Relevant evidence

Evidence that tends to prove or disprove a material fact in dispute.

Hearsay

Out-of-court statement offered for truth; generally inadmissible.

Direct examination

Questioning of a witness by the party who called the witness.

Cross-examination

Questioning of a witness by the opposing party.

Redirect examination

Further questioning after cross-examination to clarify or rehabilitate testimony.

Rejoinder

Defendant’s answer to the plaintiff’s rebuttal in trial.

Expert witness

Witness with specialized knowledge who may offer opinions beyond lay testimony.

Motion for judgment as a matter of law (JMOL)

Federal term for requesting judgment before a jury if the evidence is insufficient.

Directed verdict

State-law equivalent; judge renders verdict because no reasonable jury could decide otherwise.

Rebuttal

Plaintiff’s counter-evidence against the defendant’s evidence.

Closing arguments

Final arguments summarizing evidence and urging a verdict for a party.

Jury instructions (charges)

Judge’s statements of the applicable law and standards given to the jury.

Preponderance of the evidence

Civil standard of proof: more likely true than not.

Beyond a reasonable doubt

Criminal standard of proof requiring near certainty.

Verdict

Jury’s formal decision, including factual findings and sometimes the award.

Post-trial motions

Motions filed after trial, such as for a new trial or JNOV.

Motion for a New Trial

Request to set aside a verdict and retry due to errors or new evidence.

Judgment N.O.V. (Notwithstanding the Verdict)

Court may overturn a jury verdict and enter judgment for the opposite party.

Appeal

Request to review a trial court decision for legal errors in a higher court.

Notice of Appeal

Filing to initiate an appellate process; the appellant becomes the petitioner.

Record on Appeal

Pleadings, motions, transcripts, and other documents sent to the appellate court.

Appellate brief

Written argument detailing facts, issues, applicable law, and relief sought."