Litigation Vocabulary from Chapter 1–4: Key Court Process Terms

Vocabulary flashcards covering terms used in the lecture on lawsuits, court documents, discovery, trial, and appeals.

Plaintiff

The party who files a lawsuit seeking a legal remedy against a defendant.

Defendant

The party being sued or accused in a civil case.

Claim

A grievance or legal wrong alleged by the plaintiff against the defendant.

Counterclaim

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

Counterplaintiff

A defendant who files a counterclaim against the plaintiff.

Counterdefendant

The plaintiff against whom a counterclaim is filed.

Class action

A lawsuit brought by many plaintiffs who share a common grievance against a single defendant.

Standing

The requirement that a plaintiff has a personal stake in the outcome of the case.

Subject matter jurisdiction

The court's authority to hear the type of case and the issues involved.

Summons

An order notifying a defendant they are being sued and must appear in court; part of service of process.

Service of process

Delivery of legal papers to the parties, typically in person, to establish court jurisdiction.

Pleadings

Initial court filings that begin a case (e.g., complaint and answer).

Complaint

The plaintiff's filed document stating the allegations and facts supporting the claims.

Caption

The top section of a court document identifying the court, case title, and parties (includes the V for versus).

Answer

The defendant's formal response to the complaint, admitting or denying each allegation.

Civil action

A lawsuit involving non-criminal disputes; identified by a civil case number.

Discovery

Pretrial process for exchanging information to avoid trial surprises.

Interrogatories

Written questions served on the opposing party that must be answered in writing.

Requests for production of documents

A discovery tool to obtain documents and emails relevant to the case.

Deposition

Out-of-court, sworn testimony of a witness used to gather information; can be used for later trial credibility.

Requests for admissions

Requests asking the other party to admit or deny certain facts.

Motion

A formal request to the court to rule on a point or to take a specific action during a trial.

Directed verdict

A motion asking the judge to rule for one side on the grounds the other side has not proven its case.

Voir dire

Jury selection process where attorneys question potential jurors to determine impartiality.

Bias

A tendency to favor one side; a disqualification reason for jurors.

Peremptory challenge

Attorney's ability to strike a juror without giving a reason, within limits; not allowed to be based on race and often not on certain protected classes.

Opening statement

Preliminary statements outlining what each side plans to prove; not an argument.

Evidence

Materials presented to prove the facts, including witnesses, documents, and exhibits.

Eyewitness

A witness who observed the events firsthand.

Expert witness

A witness qualified by expertise to provide opinion testimony beyond lay observations.

Direct examination

Questioning one's own witnesses with open-ended questions to elicit information.

Cross-examination

Questioning by the opposing party; often features leading questions.

Leading questions

Yes/no questions used in cross-examination to control testimony.

Burden of proof

The obligation to prove the claims; in civil cases the plaintiff bears the burden.

Preponderance of the evidence

The civil standard: more likely than not; greater than 50% likelihood.

Clear and convincing evidence

A higher civil standard of proof than preponderance.

Reasonable doubt

Criminal standard: the prosecution must prove guilt beyond a reasonable doubt.

Verdict

The jury's decision on the outcome of the case or on each claim.

Judgment notwithstanding the verdict (JNOV)

A judge's post-trial ruling to overturn a jury verdict; rare.

Appeal

Request to a higher court to review the decision of a lower court.