CVR study set

antitrust laws

laws to protect trade and commerce from unlawful restrains, prior discriminations, price fixing, and monopolies

bench conference

a conversation held by attorneys with a judge out of the hearing of the jury, may also be called sidebar

certificate page

the last page to appear within a transcript, dated and signed by the court reporter who took the matter, attesting that the transcript is true and accurate

certified question

a question extracted from a deposition and transcribed by the reporter to be taken to a judge having jurisdiction in the matter for a ruling

confidentiality

professional responsibility of reporter to not disclose testimony to others

elements of civil trial

jury selection, opening statements, examination of witnesses, physical evidence, plaintiff rests, motion for directed verdict, defendants case-in-chief, defendant rests, plaintiff's rebuttal, defendant's surrebuttal, closing arguments, jury instructions, jury deliberation and verdict, entry of judgement

elements of criminal trial

jury selection, opening statements, plaintiff's case in chief, defendant's case in chief, prosecution rebuttal and defense surrebuttal, closing arguments, jury instructions, jury deliberation and verdict, polling of jury

elements of transcript

title, index, stipulations, body, exhibits, certificate

errata page

a page separate from the transcript upon which a deponent is permitted to correct any errors he or she claims are present in a transcript

exhibit

material items of physical evidence introduced by attorneys to corroborate and confirm oral testimony or to introduce new evidence, which are marked for identification so they can be discussed

Federal Rule 30

a portion of the Federal Rules of Civil Procedure which defines matters pertinent to the taking of depositions; many states pattern their rules pertaining to depositions after this rule

impartiality

professional responsibility of reporter to be fair and unbiased to each participant in a proceeding and to be alert to and disclose any potential conflict of interest

interpreted proceedings

proceedings in which a non-English-speaking witness testifies through an interpreter following an oath administered to the interpreter that he or she will truly interpret the testimony for the witness

litigation support services

extra services an individual reporter or agency offers clients, including instant viewing, ASCII disk, keyword indexing, condensed transcript, and print options

oath

a form of attestation by which a person calls upon his god to witness truth of his testimony, called affirmation when all reference to god is omitted; also referring to as swearing the witness

affirmation

a form of oath where all reference to god is omitted; also referring to as swearing the witness

off the record

during a deposition a discussion held by attorneys which is not reported; requires the agreement of all attorneys present

parenthetical notation

an expression or statement added to a transcript by the reporter to explain non-verbal situations or movements which occur during a proceeding

protective order

an order issued by a court to permit one party to temporarily hold back certain documents or information, or to protect a person from harassment or service of process, may also be used when interrogatories or requests for production are oppressive or burdensome

reporter's worksheet

a preprinted form that is filled in at the time of the proceeding or from the reporters' notes which includes date, time, and location of the proceeding,

style of the deposition

the title or style of the case includes the names of the parties, the venue of the matter, and the case number, may also be called the caption or the heading

voir dire

examination by attorneys of prospective jurors with regard to qualifications, lack of prejudice, and general knowledge and understanding; examination by attorneys of an expert witness with regard to qualifications as an expert

witness setup

the proper transcription of the name of a witness as it appears within the transcript referring to the information that appears between the time that a witness is called and when he or she begins testimony; includes the calling of a witness, the oath if transcribed, his or her name keyed in spread heading format, and who the witness was called for or whether he or she is the plaintiff or defendant, and may also include asking the witness to state his or her name and address for the record

aka (a/k/a)

also known as; frequently used in captions

abeyance

estate law - a lapse in succession during which there is no person in whom title is vested

abstract of title

excerpt from the official records containing the essential information to show the chain of title to real estate and the facts of record that bear upon its marketability

ad damnum

the clause of a writ or declaration containing statement of damages claimed.

ad hoc

for only the particular case at hand

adjudication

the rendering of a decision; sometimes the decision itself

ad litem

for the purposes of the suit

a fortiori

with greater reason or more convincing force

aliunde

from another source; from outside

allegation

the claim of fact that a party makes in a pleading

amicus curiae

friend of the court; who volunteers information, with the court's permission, on matters of law

ancillary

auxiliary; supplementary

annotations

The case summaries which follow and construe the statutes printed in the commercially produced statute books. They are not official.

answer

defendant's pleading in response to the plaintiff's petition or complaint

ante

listed prior in the same index or material

appearance

the act of submitting oneself to the court officially, usually by the attorney filing an appearance with the clerk

appelant

the party seeking a change in a lower court's decision or administrative order by an appeal to a higher court

appellate court

the court which hears appeals from the decisions of other courts, as contrasted with a trial court where the cases are litigated initially

arraignment

in criminal law, the formal hearing at which the defendant is called before the judge to plead to the charge

arrearage

money which is overdue and unpaid

asportation

a carrying away; felonious removal of goods

attachment

a procedure whereby the plaintiff secures a lien against the property of the defendant to satisfy an obligation which may not yet be determined

Bates stamp

a numbered stamp on each page of exhibits in preparation of a case for trial

battery

intentional and wrongful physical contact with a person without his or her consent that entails some injury or offensive touching

bill of particulars

a statement for a defendant of the specific acts charged

bill of sale

an instrument evidencing a transfer of personal property

brief

the document that a lawyer files with the court arguing the law and facts in support of their case

burden of proof

the duty that falls upon a party to prove a fact affirmatively

cannon

a system of correlated rules or standards

caption

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

causa mortis

in contemplation of death

caveat

warning

caveat emptor

let the buyer beware

certiorari

appellate review proceeding examining action of inferior court for further information; a writ of review or inquiry

change of venue

moving a case from one county to another

chattel

an item of personal property

chattel real

an item of personal property so affixed to the real estate as to be considered a part thereof; a fixture

circumstantial evidence

indirect evidence; evidence from which you can draw a conclusion, but it, itself, does not establish the fact

citation

an order issued by the police or a court of competent jurisdiction commanding a person to appear before a judge for magistrate on a day named

civil

relating to private rights and remedies sought by suit, distinct from criminal proceedings

class action

an action brought by a group of people having common characteristics from which arises a common legal position such that the court can efficiently and fairly adjudicate it in a single proceeding

clemency

kindness, mercy, forgiveness, leniency usually relating to criminal acts

code

compilation of all existing law in effect under a system of subjects in a particular jurisdiction

collusion

secret cooperation for a fraudulent purpose

common law

law evolving from ancient custom, from judicial decision and casual statutes, as contrasted with a concerted plan of statutory enactments

complainant

the party making complaint, thus instigating prosecution in a legal action

complaint

the first document filed in a lawsuit by the plaintiff setting forth claim or case

condemnation

the taking of private property for public use upon the payment of compensation

consideration

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

contempt of court

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

contingent fee

the lawyer must win to get paid

contumacy

stubborn resistance to authority

corpus delicti

the body of the crime; that is, the physical object upon which the crime was committed

corroboration

that which strengthens or confirms

count

a distinct statement of plaintiff's cause of action; a complaint or indictment may contain one or more counts

counterclaim

the claim that a defendant may make against a plaintiff in the plaintiff's action against him

countermand

a change or revocation of orders, authority, or instructions previously issued

court of record

court which is required to make a record of and preserve its proceedings

cross-complaint

a complaint by a defendant setting forth any cause of action he has against any of the parties who filed a complaint against him, and/or any cause of the action he has against the person alleged to be liable thereon

cross-examinaiton

interrogation of a party or a witness by the other side to test knowledge, observation, and credibility

d/b/a

doing business as

damages

the monetary redress which one seeks to recover from another

declaratory judgment

one which simply declares the rights of parties or expresses opinion of the court on a question of law without ordering anything to be done. It is distinguished from other actions in that it does not seek execution or performance from the defendant or opposing parties

decree

a decision or order of a court, often a dissolution of marriage decree

deed

an instrument effecting a transfer of real estate

de facto

in fact, in deed, actually

default

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

de jure

descriptive of a condition in which there has been total compliance with all requirements of law; right; legitimate; lawful

de minimis

insignificant; minute; frivolous

demurrer

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

de novo

anew; starting over as though not done before

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

dictum

in a court's decision, the statement of a rule or principle of law which is not essential to the determination of the issues in a particular case but is used to explain the court's reasoning

digest

a multi-volume collection of abbreviated case summaries arranged by subject matter. A research tool.

directed verdict

a verdict that the judge instructs the jury to return which it must do. Used when there are no factual issues for the jury to decide

direct evidence

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

direct examination

interrogation of one's own party or witnesses