Edit · Introduction to Law Vocabulary

Plaintiff

The party that is seeking something

Defendant

The party responding to a plaintiff

Appellant

The party, on appeal, who is seeking something

Respondent

The party, or appeal, who is responding

Complaint

the initial pleading by the plaintiff in a civil action that informs the defendant of the material facts on which the plaintiff bases the lawsuit.

Process Server

Disinterested person who finds the defendant and gives the defendant a copy or the complaint of summons

Default Judgement

judgment entered against a party who failed to appear in court to defend against a claim brought by another party.

Answer

Point-by-point response to the complaint

adversary system of justice

A legal system in which the parties to a dispute present their own arguments and are responsible for asserting their legal rights

pleading

statement of the plaintiff and the defendant that details their facts, allegations, and defenses, which create the issues of the lawsuit

Service of Process

in the pleadings stage, the delivery of the complaint to the defendant either to the defendant personally or, in most jurisdictions, by leaving it with a responsible person at the defendant's place of residence.

Summons

process through which a court notifies and compels a defendant to a lawsuit to appear and answer a complaint.

Motion to dismiss

request by defendant to the court to dismiss a case due to lack of jurisdiction over subject matter or over the person.

Motion to dismiss for failure to state a claim

a request that a complaint be dismissed, because it does not state a claim for which the law provides a remedy or is in some other way legally deficient.

demurrer

an older term for a motion to dismiss a claim for failure to state a cause of action. See Motion to dismiss for failure to state a claim.

answer

the response of a defendant to the plaintiff's complaint, denying in part or in whole the charges made by the plaintiff.

affirmative defense

defendant's response to plaintiff's claim that attacks the plaintiff's legal right to bring the action rather than attacking the truth of the claim. An example of an affirmative defense is the running of the statute of limitations.

statute of limitations

a statute setting maximum time periods from the occurrence of an event, during which certain actions can be brought or rights enforced. If an action is not filed before the expiration of that period, the statute bars the use of the courts for recovery.

counterclaim

a claim a defendant asserts against the plaintiff.

reply

a plaintiff's response to a defendant's counterclaim to the original claim made by a plaintiff.

discovery

the process by which the parties to a lawsuit gather information from each other to reduce the scope of what will be presented in court; process is determined by rules of procedure and may be limited by the court hearing the case.

deposition

sworn testimony, written or oral, of a person taken outside the court.

interrogatories

in the discovery process, a set of written questions for a witness or a party for which written answers are prepared with assistance of counsel and signed under oath.

contempt of court

any act that obstructs a court in the administration of justice or that is calculated to lessen the court's authority.

protective order

a decree by a court to protect a person or a legal entity against harassment by another person or to protect certain documents, such as trade secrets, against discovery in the litigation process.

summary judgment

a judgment entered by a trial court as a matter of law, when no genuine issue of law is found to exist.

trial

a judicial examination of a dispute between two or more parties under the appropriate laws by a court or other appropriate tribunal that has jurisdiction.

jury

a body of people selected to hear the evidence in a case presented in court and who are given the power to apply the law to the facts established at trial in determining which party prevails in the matter in dispute, whether civil or criminal.

voir dire

to "speak the truth." In the trial stage, a preliminary examination of a juror in which the attorneys and the court attempt to determine bias, incompetency, and interest.

opening statements

oral presentations made to the jury by the attorneys before the parties present their cases.

direct examination

the initial examination of a witness by the party on whose behalf the witness has been called.

cross-examination

examination by the attorney representing the adverse party after the other party has examined witness.

closing argument

oral presentation to the jury by the attorneys after the plaintiff and defendant have stated their cases and before the judge charges the jury.

instructions, or charges

the direction or guideline that a judge gives a jury concerning the law of the case being deliberated.

preponderance of the evidence

In civil trials, the burden of persuasion requires the plaintiff to prove that their claim is more likely true than not based on the convincing force and superior weight of the evidence

hung

a jury so divided in opinion that it cannot agree upon a verdict.

mistrial

a trial that cannot stand in law because the court lacks jurisdiction, because of juror misconduct, or because of disregard for some other procedural requirement.

directed verdict

a verdict granted by the court on the grounds that the jury could reasonably reach only one conclusion on the basis of the evidence presented during the trial.

judgment as a matter of law

Directed verdict

judgment notwithstanding the verdict

judgment entered by the court for a party following a jury verdict against the party.

remedy

the legal means by which a right is enforced or the violation of a right is prevented or compensated.

equitable remedies

the means by which a court enforces a right adjudicated in equity or prevents or redresses the violation of such a right. Remedies include specific performance, injunction, recission, reformation, and declaratory judgment.

remedies at law

the part of the law that allows a party to seek redress for wrong through the legal process; historically, such remedies were distinguished from redress under rules of equity.

monetary damages

legally recognized harm has happened, monetary damages may be awarded.

compensatory damages

a sum awarded to an injured party that is equivalent to her actual damages or injuries sustained. The rationale is to restore the injured party to the position the party was in before the injury.

punitive or exemplary damages

compensation awarded to a plaintiff beyond actual damages; awarded to punish the defendant for doing a particularly offensive act.

nominal damages

a damage award whereby a court recognizes that the plaintiff has suffered a breach of duty but has not suffered any actual financial loss or injury as a result. Plaintiffs' recovery for such breaches is often as little as one dollar.

specific performance

an equitable remedy, whereby the court orders a party to a contract to perform the duties under the contract. Usually granted when money damages are inadequate as a remedy, and the subject matter of the contract is unique.

injunction

an order issued by a court that restrains a person or business from doing some act or orders the person to do something; may be permanent or temporary.

temporary restraining order

a court order in equity to restrain a particular action while the court considers a request to issue an injunction.

preliminary injunction

Longer term Injunction

permanent injunction

A final court order issued after a full trial on the merits (or by agreement of the parties in a consent decree) that permanently commands or prohibits a party from performing specific acts. It remains in force indefinitely unless modified or dissolved by the court.

error of law

a determination by an appeals court that a lower court, usually a trial court, made a mistake in applying the law to the facts that were established at trial.

written briefs

an appellate brief is a written document, prepared by an attorney, to be the basis for an appeal of a case to an appellate court. It contains the points of law the attorney wants to establish, with the arguments and authorities to support that view.

oral arguments

presentations made in an appeals court or supreme court, usually by attorneys, in support of or objecting to the decision of a lower court as part of the appeals process.

affirm

in a court of appeals, or a supreme court, a decision to declare that a judgment entered by a lower court is valid and will stand as decided.

reverse

a decision by an appellate court that overturns or vacates the judgment of a lower court.

modify

in an appeals court, to change some detail of a lower court holding, but to leave the primary finding in place. For example, the decision of the lower court is likely to be affirmed, but the legal reasoning for the decision is amended.

majority opinion

when an appeals court issues an opinion in a case that affirms or reverses the decision of the lower court, a majority of the judges join in an opinion that expresses the legal rationale for the decision of the court. If all judges agree, it is a unanimous opinion.

concurring opinion

at the appellate court level, an opinion filed by one or more of the justices in which the justices agree with the majority opinion but state separate views or reasons for the decision.

dissenting opinion

an opinion written by one or more appellate judges or justices explaining why they disagree with the decision of the majority of the court in a given case.

remands

the act of an appellate court in sending a case back to a trial court and ordering it to take action according to the appellate court's decision. The order usually requires a new trial or limited hearings on specified subject matter.

judgement

the official decision of a court of law upon the rights and claims of the parties to an action litigated in and submitted to the court for its determination.

res judicata

a rule that prohibits a court from relitigating the same dispute between two parties after the final judgment has been entered and all appeals exhausted.

writ of execution

a writ to put into force the judgment of a court.

garnishment

a legal process by which a creditor appropriates a debtor's wages or property in the hands of a third party.

arbitration

a means of settling disputes between parties when they submit the matter to a neutral third party of their choosing, who resolves the dispute by issuing a binding award. A popular alternative to the court system for resolving disputes due at lower cost and greater speed.

alternate dispute resolution

a process by which the parties to a dispute resolve it through a mechanism other than litigation in court; includes arbitration, negotiation, and mediation.

arbitrator

a neutral person who resolves disputes between parties through arbitration.

arbiter

in an arbitration proceeding, the person granted the authority to decide a controversy.

process served

disinterested person who finds the defendant and gives the defendant a copy of the complain and summons.

pretrial discovery

the exchange of information so that everyone will know what the facts are.

motion to produce

A demand to see, or have produced, documents, objects, reports, medical charts, etc

protective orders

Used to prevent a party who obtains discovery from making it public

request for admissions

agreements about what the facts are

mental/physical examinations

this is an independent evaluation of a claim. In the car accident case, the defendant might

want a doctor to examine the plaintiff, to see if he really was badly injured

summary judgement

is a court ruling that resolves a civil lawsuit (or a specific part of one) before a full trial takes place

Admitted evidence

is any testimonial, documentary, or physical object that a judge formally accepts during a trial or hearing so the fact-finder (judge or jury) can consider it when deciding the case

Jurors and their duties

1) Jurors listen to witnesses' testimony, evaluate the evidence, and decide what facts have

been proven.

2) Jurors don't generally question witnesses (that's done by lawyers).

3) Jurors do NOT research the law.

4) Jurors are not supposed to ignore what the judge says the law is, and decide what the law is

on their own

5) No juries are allowed in family law cases (divorce, child custody, etc.) because these are

considered "actions in equity.

Jurors in Federal Court

You get a jury trial in a federal civil case if the dispute is $20 or more

Jurors in State Court

In State Courts, whether a civil trial gets a jury depends on the amounts of $ the parties are

fighting over, and it varies

# of Jurors needed must agree in most civil cases

3/4

the burden of proof

Is how much evidence (and how persuasive the evidence is) that

must be demonstrated for the plaintiff to win: (for our purposes this is) a "preponderance

of the evidence" or "more likely than not"

Jurors in criminal cases

Constitutional right to a jury and that is must be unanimous for all felony cases.

Attorneys can reject a juror for 2 reasons:

1) Challenge for Cause: If the juror has a bias or cannot otherwise be fair and impartial.

2) Peremptory Challenge: Each attorney may excuse up to 6 jurors in a superior court case for any reason.

Opening Statements

is a lawyer's first address to a judge or jury at the start of a trial, used to outline what the evidence will show

non-leading question

Non-leading questions are open-ended questions that do not suggest a desired answer, assume unproved facts, or put words into a witness's mouth

admission of evidence

process or rule-based procedure by which the court decides whether that piece of evidence is allowed to come in

objection

a formal protest raised by an attorney against testimony, a question, or physical evidence

Sustained

In a courtroom, a judge says "objection sustained" to agree with an objection raised by an attorney

Overruled

When a lawyer objects to a question or piece of evidence, a judge says "overruled" to mean they disagree with the objection.

stipulations

agreed evidence between opposing parties

cross-examination

questioning of a witness by the opposing party during a trial or hearing, and is meant to destroy the witnesses' credibility

motion to dismiss

is a formal request filed by a party in a lawsuit—most commonly the defendant—asking a judge to terminate a case or specific claims before it proceeds to trial or discovery

the court generally assumes that all of the factual allegations written in the opposing party's complaint are true. Instead of arguing over who did what or fighting about evidence, the moving party argues that even if everything the plaintiff says is true, there is no valid legal basis for the

Closing argument

(or summation) is the final opportunity for an attorney in a civil or criminal trial to speak directly to the judge or jury before they begin deliberations

Double jeopardy

If a person it tired for a crime, in either state or federal court, and found not guilty, the person cannot be tried for the same crime again, by the same state or federal court

Order of Examination

Under oath, deposing the defendant about where his assets are located

Binding Arbitration

Parties agree, usually ahead of time, to abide by the decision of an arbitrator if a dispute arises

Adversarial System

Each side tries to win, each side is responsible for producing evidence that supports her or her position, and evidence that undermines the points made by the opposing party.

pro se

"oneself," It describes a legal status where an individual represents themselves in court without the assistance of a licensed attorney